Personal Injury Claims
How to Make a Personal Injury Claim
If you have been injured in an accident that wasn’t your fault, you may be thinking about making a personal injury claim. This page explains how personal injury claims work step-by-step so you know what to expect.
“Fielding a first class, very well resourced team of litigators, the personal injury department at Osbornes is rated for its diverse workload of complex, high-value injury claims.”
“Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.”
What is a personal injury claim?
A personal injury claim is a claim for compensation when you are injured in an accident that was not your fault. It could be the result of a road accident, accident at work, accident in a public place, exposure to harmful substances, or any other type of accident. You can claim for all types of injury, from cuts and broken bones to serious life-changing injuries and psychological trauma that affects your quality of life.
The aim of a personal injury claim is to compensate you for any pain, suffering and financial burden caused by the accident to help you get back on your feet. You can claim compensation for a direct injury to yourself, or where you suffer a bereavement caused by someone’s negligence.
What types of personal injury can I claim compensation for?
Road Traffic Accidents
According to government figures, 128,920 people were injured on Britain’s roads in 2024, 1,607 of them fatally. The majority of road accidents are car accidents. However, cycle accidents, motorcycle accidents, taxi accidents, pedestrian accidents and even e-scooter collisions are regular occurrences on our roads.
If you have been involved in a traffic accident that was someone else’s fault, you may be able to claim for personal injuries, vehicle damage and other expenses. Road users have a legal duty of care to act responsibly and safely. Where they fail to do so, and an accident occurs, they can be held liable for any injuries or damages that result.
- Read more about road traffic accidents.
Workplace Accidents
Your employer is legally required to take reasonable steps to prevent accidents or injury in the workplace. Legislation such as the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999 provide a framework for employers to follow to ensure a safe working environment.
Some activities are known to pose a higher risk of accidents, such as ladder work or dealing with harmful chemicals. Employers have additional responsibilities for these activities and must provide appropriate training, risk assessments and safety equipment.
Despite these measures, workplace accidents still occur due to negligence or improper procedures. Over 600,000 working people sustained an injury at work in 2023/24, and 1.7 million suffered from a work-related illness such as repetitive strain injury or an industrial disease. Some common types of workplace accidents include slip and falls, machinery accidents, and vehicle-related incidents (such as forklift accidents).
If your employer fails to provide a safe working environment and you are injured as a result, you may be able to make a claim.
- Find out more about work accident claims.
Other accidents
Accidents can happen anywhere and for any reason, for example:
- Trips and slips in a public place
- Sports accidents
- Holiday accidents
- Beauty treatment injuries
- Criminal injuries
- Accidents at home caused by defective products
- Fatal accidents
How to make a personal injury claim
The personal injury claims process
The first step is to find a solicitor who you trust and feel comfortable working with. Many personal injury solicitors offer a free initial consultation, where you can discuss the details of your case and find out about their experience and success rate in similar cases. Look for membership in professional organisations such as the Law Society’s Personal Injury Accreditation Scheme or the Association of Personal Injury Lawyers, which can indicate a high level of expertise.
Once you have chosen a solicitor, these are broadly the stages they will follow in your claim:
- Work out who was responsible for your injuries. This could be a driver, your employer, a cruise liner, a local authority or someone else, depending on the circumstances. In many cases, we won’t claim compensation from the person who caused your injury directly, but from their insurance company.
- Gather evidence. We will ask you to tell us what happened in as much detail as you can and to provide any evidence you have. We will then investigate and gather as much evidence as possible. This may include witness statements, CCTV, photographs of the scene or your injuries, dash cam footage, medical records, police reports and accident log books.
- Assess your injuries. To make sure you receive the full amount of compensation you are entitled to, an independent doctor will examine your injuries. Their report will help us assess the extent of your injuries, how they have impacted your life, and how long they will take to heal. If you are seriously injured, we will consult with additional experts to determine what rehabilitation, care support or living assistance you need and add that to the compensation calculation.
- Negotiate a settlement. Once we have worked out how much compensation you may be entitled to, we will try to reach the best possible settlement with the other party without going to Court. There is often back-and-forth negotiation in this process until both parties are satisfied with the terms of the settlement.
- Go to Court if needed. If a fair settlement cannot be reached through negotiation, we will represent you in Court . A judge will examine the evidence, listen to witnesses, and decide how much compensation you should get. You may have to attend Court yourself and give evidence.
- Receive the compensation payment. After you have accepted an offer or the Court has made a decision, the final stage is to arrange for the payment to be made. Compensation is usually paid as a lump sum, but the court may order monthly or yearly ‘periodical payments’ instead. This will often happen if your compensation covers long-term care costs.
How do you prove a personal injury claim?
To win a personal injury claim, your solicitor has to prove that:
- Someone owed you a duty of care
- They did (or did not do) something to breach the duty of care
- You suffered a personal injury as a result.
For example, the local authorities have a duty of care to keep a public building in a reasonable state of repair. If they failed to maintain a staircase, causing you to fall and break your leg, then the local authority would be liable for your injuries.
While this may sound straightforward, liability can sometimes be quite challenging to prove. That’s why it’s important to have an experienced personal injury solicitor on your side who can gather evidence, prepare your case and negotiate with the other party’s legal team.
How much compensation will I get for my personal injury claim?
There is no quick or easy answer to this question. When it comes to personal injury compensation payouts, how much you are entitled to depends on your individual circumstances. To calculate the right amount, your lawyer will need to know your injury, its severity and its effect on your life. They will assess every aspect of your experience to make sure you are fully compensated.
It’s important to note that there are two types of personal injury compensation (damages):
General damages
General damages compensate you for the pain and suffering of your injuries and the impact they’ve had on your life.
Special damages
Special damages reimburse you for any financial losses you incurred as a direct result of your accident. Special damages can often make up the largest part of your compensation, and cover things such as:
- Time off work and any lost earnings
- Any loss to your future income
- Any impacts on your ability to work
- Personal help or care you’ve had, even if it was given voluntarily by family and friends
- Any modifications you’ve had (or may need) to your car or home
- Any medical care, treatment, travel or accommodation expenses
- Any rehabilitation programmes prescribed to you by a medical professional
- The daily extra expenses you have incurred as a result of the accident
After your personal injury solicitor accepts the case, obtains all appropriate medical evidence and then begins negotiating with the other side (usually their insurance company), you’ll start to get an idea of how much personal injury compensation you may receive if your claim is successful.
Rest assured, we have over 50 years of know-how to achieve positive outcomes for our clients.
How long do I have to make a personal injury claim?
You usually have three years from the date of an accident or injury to bring a personal injury claim, this is known as the limitation period – but we’d always advise getting in touch as soon as possible.
There are some exceptions that can affect the time limit:
- In cases where injuries develop gradually and you were not aware of the injury when it started, the three year period might start from the date that you became aware of it. This data is known as the ‘date of knowledge’.
- If the injured person is under 18 the three-year limitation period starts when they are 18, so they have until they are 21 to make a claim.
- If the injured person lacks mental capacity, there are no time limits.
- If the claim is for a fatal accident, the three-year period starts from the date of death or the date the death was linked to the injury, whichever is later.
How to fund a personal injury claim
In the vast majority of cases, you will be able to pursue your personal injury claim through what’s known as a Conditional Fee Agreement or ‘No Win No Fee’. This means you will not be required to pay legal fees if you do not win your injury claim. Instead, the lawyer fees are only payable upon a successful outcome.
There are different ways to fund a personal injury claim, however. If you or a family member are part of a trade union, you can check if you have free legal services included as part of your membership. Some insurance policies also offer legal cover for personal injury claims, so it is worth checking your policy details.
Ask about fees when speaking to a personal injury lawyer. They should be transparent and clear about their fee structure so you know what to expect.
How do I start my personal injury claim with Osbornes Law?
First, get in touch. Just call us or complete the enquiry form and we will call you back at a time that suits you.
Second, each case is different. One of our accident lawyers will arrange a time to speak with you so we can find out all the details and understand exactly what has happened. Once we have this information we’ll be able to advise you on the best course of action.
Third, don’t worry. Our solicitors are approachable and speak in plain English. Our number one priority is to look after you and your best interests. This means you can relax knowing you have one of the best, most respected personal injury claim teams on your side.
Contact us today for a free initial consultation
Call us today on 020 7485 8811 or fill out the form below to discuss your case in confidence, with no obligation. Our dedicated team is here to support you every step of the way.
Personal Injury FAQs
What types of personal injury can I claim compensation for?
Our personal injury compensation lawyers advise on a broad range of injury and accident claims. No matter where you have been injured due to someone else’s negligence, we can help. We regularly pursue claims for the following:
What are the different ways of resolving my claim?
We understand that you don’t want to go to court if it can be avoided. Where possible, we’ll always try to settle your case through negotiation with the other side’s solicitor and their insurers. This can be done gradually through correspondence, at a formal meeting, or using techniques such as mediation.
Alternatively, we might look at something called ‘early neutral evaluation. This is where a judge, retired judge or QC hears each side’s submissions and then states their view of what the likely outcome at trial will be. Arbitration is another form of dispute resolution, where both parties agree to be bound by the decision of an independent arbitrator.
Before any decisions are made as to how your case will be resolved, we’ll talk you through the options available, to get the best result.
Will my personal injury case go to court?
Although the majority of cases settle out of court, sometimes this isn’t possible. If the other side refuses to accept responsibility or if criminal proceedings have to be brought, we might have to start court proceedings.
Don’t worry, your personal injury lawyers will be by your side handling this for you at every step of the way. We’ll explain each step and what will happen so as to make things as simple and straightforward as possible.
What is a no win no fee personal injury claim?
In the vast majority of cases, you will be able to pursue your personal injury claim through what’s known as a Conditional Fee Agreement or ‘No Win No Fee’. This means you will not be required to pay legal fees if you do not win your injury claim.
How long does a personal injury claim take?
Because each claim is different it’s impossible to say exactly how long your claim will take. It will depend on the severity of your injuries and whether or not your opponent admits blame.
A relatively simple claim – like minor whiplash when the other party admits responsibility – could be settled in a few months. A claim relating to more serious injuries or where the other party doesn’t admit responsibility will take longer as we’ll have to seek medical evidence. We may have to wait to understand the full impact of your injuries because compensation may depend on how long it takes you to heal.
Other factors that could prolong your personal injury claim might include whether it has to go to court when a criminal offence has been committed and police charges also have to be brought and if you’ve been injured in a hit and run accident when the police and insurance companies will be trying to locate the driver.
Who actually pays the personal injury compensation?
People often worry that a personal injury claim will leave someone out of pocket, especially if it’s their employer or someone they know. In reality, it’s the other side’s insurance company that handles personal injury claims payouts. All employers, drivers and property owners are legally obliged to have insurance to cover any injury claims made against them.
When will I get my personal injury compensation payments?
We understand that you might need your personal injury compensation to support yourself during treatment and recovery. Once the other side has accepted full or partial responsibility for your accident or injury, you can apply to get what are known as ‘interim compensation payments’. These are early, partial, payments that are paid before the full and final payment of your compensation. They can go towards living costs, because you’re unable to work, or towards private treatment or rehabilitation. They will be deducted from the final compensation payment when that is eventually paid.
Will I need a medical examination to make a personal injury claim?
We want to get the very best results for you following your accident or injury. To do this, we need to know not only how serious the injury is but how long it’s likely to take to get better and whether there are going to be any lasting effects. For this reason, we are likely to need to see your medical records and for you to undergo a medical examination.
Don’t worry, this will usually only take 20 minutes and be conducted by a medical expert. We’ll discuss all of this in more detail when we speak, to ensure you’re happy and understand each step of the process.
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Osbornes Law is a really strong team with a lot of depth.
Osbornes work professionally as a team, responding diligently to emails or telephone calls.
Osbornes fields a solid team of high quality practitioners, active in a range of catastrophic injury claims.
Osbornes clients are individuals whose cases are treated with the focus required when dealing with life changing injuries.
Fielding a ‘first class, very well resourced’ team of litigators, the personal injury department at Osbornes is rated for its diverse workload of complex, high-value injury claims, representing both domestic and international claimants.
Osbornes is an excellent firm, made up of lawyers with flair and pedigree.
Osbornes lawyers are smart, well trained, experienced and well managed.
Osbornes personal injury practice is first class; very well resourced and second to none.
Osbornes is becoming one of the top players in the claimant personal injury market. A large team with a great number of very high quality solicitors.
Osbornes is a highly proficient serious injury firm. They bring all the benefits of the biggest firms in the market but none of the downsides.
Osbornes prepares cases well; the whole team is good and lawyers there know their stuff.
They deal with people compassionately and take on the right amount of detail. The firm has some really brilliant key solicitors.
The personal injury team is responsive and its level of service towards clients and other professionals is exceptional and high quality
The team offers specialist expertise in cycling-related injury claims and regularly acts for foreign nationals.
It has considerable experience in cases arising from motor accidents and accidents at work
Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.
Their team includes bright, hard-working solicitors dedicated to achieving successful outcomes for their clients from partner level to paralegal. Their client care is exceptional.
They are a team who are highly respected in the PI sector.
This is an excellent PI team doing a broad range of PI work.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims, with notable strength in acting for European clients for whom English is not a first language.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims.
"Osbornes always provides work of excellent quality and the advice is sound."
"The firm has the ability to handle the most sophisticated and complex matters."
"Osbornes is always client-focused and works tirelessly to obtain the best outcomes."
'The team deals with multi-million pound, often multifaceted claims, involving such factors as severe brain, psychiatric, gynaecological and spinal injury, major trauma, amputation and fatality.'
"They are a boutique firm with highly experienced partners who are well-respected in the industry."
"The team at Osbornes deals with catastrophic injury claims with the same professionalism as the largest firms, but provides a much more client-focused experience."
"A really first-rate team, well capable of dealing with the most serious and complex injuries."
"This team has carved out an exceptional reputation in catastrophic injury work."
"Osbornes has impressed me with their personal touch for clients whilst offering a first-class handling of catastrophic injury claims. The partners all have vast experience and are highly respected in their field."
"This is a really excellent personal injury team that can be regarded as one of the major players in the London claimant personal injury market."
"Osbornes have managed to recruit a team of outstanding catastrophic injury lawyers who are at the top of the game."
"They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"
Ben Posford is fiercely bright, with an unrivalled passion for his clients’ cases. His encyclopaedic knowledge of all things PI is second to none. His foresight and commercial nous have propelled Osbornes into the highest echelons of the market where they rightly belong.
The firm has an excellent and innovative line in cases involving non-English speaking claimants, managed by recruiting paralegals with multi-language skills – an impressive route for expansion of the caseload.
Great expanding team with expertise and respect in the sector. Led by a commercially savvy and business minded team.
A really excellent group of PI solicitors, notable for their individual quality.’
A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.
This combination of experience and diligence reaps massive rewards for clients, Osbornes being well known in the industry as a fantastic firm.
The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.
Ben Posford is one of London’s best catastrophic injury lawyers, in my view. He is a real brain injury specialist.
Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.
The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.
To complement its strong reputation for high-value and complex personal injury work, the firm continues to develop its 'excellent and innovative line in cases involving non-English speaking claimants'
"Osbornes comprises some of the most technically adept and hard hitting lawyers in the business"
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
