Personal Injury Compensation Guide

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.

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. Solicitors and courts use the Judicial College Guidelines which set out typical compensation ranges based on the type and severity of injury (for example, spinal injuries of varying levels). The final figure is tailored to you, taking into account symptoms, recovery, age, and prognosis.

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

For long-term and lifelong losses, we apply the Ogden Tables – actuarial multipliers used by the courts to calculate the present value of future losses (e.g. future earnings or care costs), based on factors such as life expectancy and the statutory discount rate.

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.

What is the average payout for a personal injury claim?

There’s no true “average” payout because every case is different. The amount depends on the type of injury, how severe it is, how long recovery takes, and the financial impact on your life.

• Minor injuries (such as minor burns or temporary nerve damage) may result in compensation of a few thousand pounds.
• Moderate injuries (such as fractures with longer-lasting symptoms) can range from tens of thousands upwards.
• Serious and life-changing injuries (such as spinal cord damage, brain injuries or amputations) can lead to compensation in the hundreds of thousands or even millions.

Rather than relying on averages, solicitors use the Judicial College Guidelines, 18th edition (November 2025), for pain and suffering, and the Ogden Tables to calculate future financial losses. This ensures your claim reflects your personal circumstances rather than a broad average. For example:

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

Recent changes to personal injury rules

Before you begin your claim, it’s important to understand that recent reforms have changed how some personal injury claims are handled in England and Wales. Depending on the type and value of your injury, these changes may affect:

• Whether you need to use an online claims portal
• If you can recover legal fees
• How much compensation you may receive
• What kind of legal support is available to you

For example, some lower-value road traffic accident claims must now go through the Official Injury Claim (OIC) portal without legal representation. Compensation for whiplash injuries has also been capped under a fixed tariff system. Meanwhile, a new fixed recoverable costs regime applies to many claims under £100,000, limiting the legal costs that can be claimed back from the other side. These changes are complex, and the impact on your claim depends on your specific circumstances.

• Read our full guide: Understanding the new personal injury rules in England and Wales

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 an 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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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 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 an 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.