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Personal Injury Claims Process — What to Expect

Last reviewed: June 2026 · EA Personal Injury Solicitors

A personal injury claim follows a structured process governed by court rules and pre-action protocols. Most claims settle without a trial, through negotiation between the parties. The key stages are: initial enquiry, instructing a solicitor, Letter of Claim, investigation of liability, medical evidence, valuation, and settlement or court proceedings.

TL;DR — Quick Summary

Key Points

  • Most claims settle without going to court.
  • Pre-action protocols must be followed before issuing proceedings.
  • The defendant has a set period to investigate and respond on liability.
  • Medical evidence from an independent expert is a key part of the process.
  • You are always in control — no settlement can be accepted without your consent.

Frequently Asked Questions

How long does a personal injury claim take?
Timescales vary significantly. Simple whiplash claims using the online portal can settle in three to six months. More complex claims, or those involving disputed liability or serious injuries, typically take one to three years. High-value and catastrophic injury cases can take longer, particularly where future needs are uncertain.
What is a pre-action protocol?
Pre-action protocols are procedural rules that parties must follow before issuing court proceedings. The protocol sets out the steps for sending a Letter of Claim, the defendant's obligations to respond, and the timetable for exchanging information. Following the protocol reduces unnecessary litigation and encourages early settlement.
What is quantum?
Quantum refers to the value of the claim — how much compensation you are entitled to. Once liability is established (or admitted), the parties focus on quantum: calculating general damages for the injury and special damages for financial losses.
What happens at a medical examination?
An independent medical expert examines you and reviews your medical records to produce a report. The report describes your injuries, their cause, the prognosis and any treatment recommended. You will see the report before it is finalised and can raise any inaccuracies.
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Published by EA Personal Injury Solicitors
Edward and Amaury Limited · SRA No. 800525
Verify the firm and its regulated people on the SRA Register. General information only; this is not legal advice.

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