Personal Injury solicitors in England & Wales

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Plain-language guide

What a personal injury solicitor does.

A personal injury solicitor claims compensation for injury caused by someone else's negligence or breach of statutory duty: road traffic accidents, accidents at work, slips and trips, and injuries in public places. Claims follow the pre-action protocols and, below certain values, the Official Injury Claim portal and fixed tariffs for whiplash. Damages cover pain and suffering, assessed by reference to the Judicial College Guidelines, and financial losses such as lost earnings and care. Most claims are funded by a conditional fee agreement.

When you need one

You were injured in an accident that was someone else's fault, within the last three years.
Your employer's failure to provide safe equipment or training caused an injury.
The insurer has made an offer and you do not know whether it is fair.
You were injured by an uninsured or untraced driver.

How fees usually work

Most personal injury claims are taken on a conditional fee agreement, the no-win no-fee model: if the claim fails you pay nothing, and if it succeeds the solicitor takes a success fee of up to twenty-five per cent of the general damages and past losses. Qualified one-way costs shifting means you will not usually pay the defendant's costs if you lose. Ask exactly what percentage would be deducted and whether after-the-event insurance is needed.

Questions to ask before you instruct

Is my claim inside the three-year limitation period, and if not can section 33 help?
What deductions will be made from my compensation, and what is the estimated net figure?
Will my claim go through the portal, and what fixed costs apply?
Who will examine me, and how will the medical evidence be obtained?

See the listed practitioners Check the limitation date on a claim

General information about England & Wales law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Personal injury solicitor questions

How long do I have to claim?

Three years from the accident, or from the date you knew you had a significant injury attributable to the defendant, under section 11 of the Limitation Act 1980. For a child the period runs from their eighteenth birthday. The court can disapply the limit under section 33 where it is equitable, but that is never to be relied on.

How much is my claim worth?

General damages for the injury itself are assessed by the Judicial College Guidelines and previous cases, or for minor whiplash by the statutory tariff. Special damages cover lost earnings, treatment, travel and care, past and future. A solicitor can only estimate once the medical evidence is in.

What if the accident was partly my fault?

The claim is not defeated. Under the Law Reform (Contributory Negligence) Act 1945 damages are reduced by the percentage the court considers just, for example a deduction for not wearing a seatbelt. Insurers often argue contributory negligence, and the point is negotiable.

For the practitioners listed here

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