Frequently asked questions
Common questions about personal injury claims in England and Wales.
Compensation
How much compensation could I receive?
Compensation has two components. General damages compensate for pain, suffering, and loss of amenity (PSLA) — these are calculated using the Judicial College Guidelines (17th Edition), which set bracket ranges by injury type and severity. Special damages compensate for financial losses: lost earnings, medical expenses, care costs, and other out-of-pocket costs. Our checker gives you an indicative range based on your inputs.
What are general damages?
General damages are awarded for the pain, suffering, and loss of amenity caused by your injury. They are not tied to a specific financial loss — they represent the court's assessment of how much your injury affected your quality of life. The Judicial College Guidelines provide bracket ranges used by courts and practitioners to arrive at appropriate figures.
What are special damages?
Special damages cover financial losses that directly result from the accident: lost earnings (including future earnings if you cannot return to work), the cost of medical treatment, physiotherapy, travel to appointments, care provided by family or friends, adaptations to your home or vehicle, and other quantifiable out-of-pocket expenses.
Is the estimate from the claim checker guaranteed?
No. The estimate is indicative only. It applies the Judicial College Guidelines bracket for your stated injury type to give a reference range, and adds any financial losses you enter. Actual compensation depends on the specific facts of your case, the evidence available, liability determination, and the outcome of proceedings. Only a qualified solicitor can properly advise on the value of your specific claim.
Will I have to pay tax on my compensation?
Personal injury compensation is not subject to income tax or capital gains tax in the UK. However, if the compensation is invested and generates income, that income may be taxable. A solicitor or financial adviser can advise on structuring larger awards.
Time limits
How long do I have to make a personal injury claim?
In England and Wales, the standard limitation period is 3 years from the date of the accident, or 3 years from the date you became aware that your injury was caused by someone else's negligence (the "date of knowledge"). Missing this deadline will almost certainly bar your claim, so you should act promptly.
What if I was a child when the accident happened?
For claimants who were under 18 at the time of the accident, the 3-year limitation period does not begin to run until their 18th birthday. A parent or guardian can bring a claim on their behalf at any time during their minority.
I was injured more than 3 years ago — is it too late?
In most cases, yes. The court has discretion to allow a late claim under section 33 of the Limitation Act 1980, but this is exercised sparingly. If you think you may be outside the limitation period, seek legal advice immediately — do not assume it is definitely too late without checking.
Are there different time limits for medical negligence or industrial disease?
For industrial disease (such as mesothelioma, noise-induced hearing loss, or vibration white finger), time runs from the date of diagnosis or date of knowledge, which may be decades after the exposure. For medical negligence, time also runs from the date of knowledge, which may be later than the date of the negligent act. Seek advice promptly in both cases.
No win, no fee
What does "no win, no fee" mean?
A Conditional Fee Agreement (CFA) — commonly called "no win, no fee" — means your solicitor only gets paid if your claim succeeds. If you win, their fee is capped at 25% of your damages (excluding future care and loss) under the Damages Act 1996. If you lose, you pay nothing to your solicitor.
Are there any costs I might have to pay if I lose?
Under a CFA with After the Event (ATE) insurance, the ATE policy covers the defendant's legal costs if you lose, as well as disbursements such as medical report fees. Ensure your solicitor explains exactly what costs you might be liable for before you sign any agreement.
What is After the Event (ATE) insurance?
ATE insurance is taken out after an accident to protect you from having to pay the defendant's legal costs if your claim fails. Most no-win no-fee solicitors will arrange ATE cover as part of their service. The premium is typically deferred until settlement and, if you win, comes from your compensation.
The claims process
Will I need to go to court?
The vast majority of personal injury claims (over 95%) are settled without a court hearing. Your solicitor negotiates with the defendant's insurer. Court proceedings may be issued as a tactical step, and you may need to attend a Case Management Conference, but contested trials are relatively rare.
How long will my claim take?
This varies significantly by claim type and complexity. A straightforward RTA soft tissue injury claim can settle in 6–12 months. More complex cases — particularly medical negligence or serious injury claims — can take 2–5 years. Your solicitor will give you a realistic estimate once they have reviewed your case.
Do I need to see a medical expert?
Yes. An independent medico-legal report from a medical expert is required to support your claim. The expert assesses your injuries, their cause, prognosis, and impact on your life. Your solicitor will instruct and coordinate the expert appointment.
Can I claim for injuries that appeared later?
Yes, if the injury was caused by the accident. The 3-year limitation period runs from the date of knowledge — the date you first knew or should reasonably have known about the injury and its cause. Keep records of any new or delayed symptoms and tell your solicitor promptly.
About InjurySolicitors.com
Does the InjurySolicitors.com Claim Checker give me legal advice?
No. The Claim Checker provides indicative guidance based on the Judicial College Guidelines and the information you provide. It does not constitute legal advice. For a proper assessment of your specific claim, you should speak to a qualified solicitor.
Is InjurySolicitors.com a law firm?
No. InjurySolicitors.com is a claims introduction service. We match you with regulated no-win no-fee solicitors who are authorised and regulated by the Solicitors Regulation Authority (SRA). We do not provide legal advice or handle claims directly.
How are you paid?
InjurySolicitors.com receives an introduction fee from the solicitors to whom we refer claims. This does not affect the quality of the solicitors we work with or the advice they provide. You are free to instruct any solicitor you choose.