Understanding the New Rules in Personal Injury Claims
Personal Injury Claims New Rules
Personal injury rules in England and Wales have changed. From small claims limits to fixed costs and whiplash tariffs, find out how the updates affect your claim.
“Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases. “
“Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.”
Table of Contents
Recent updates to personal injury law in England and Wales have fundamentally altered the process for certain claims, how much compensation you might receive, and which claims qualify for legal support.
Whether you’ve been hurt in a road accident, at work or through medical negligence, it’s important to understand how these changes may impact your claim.
Small Claims Track Expanded for Road Traffic Claims
In England and Wales, all personal injury claims are allocated to a “track” based on the value of the claim. The small claims track previously had a limit of £1,000 for all injury damages – this has been raised to £5,000 for road traffic accident claims. The increase means that more people with RTA-related injuries, like whiplash, must now follow the small claims track.
Small Claims Official Injury Claim Portal
If your claim falls within the small claims criteria, you’ll typically need to manage your claim through the Official Injury Claim (OIC) portal. This is a free online service run by the Motor Insurers’ Bureau, and you must use it if all of the following apply:
- Your injury happened in a road accident in England or Wales after 31 May 2021
- You were a driver or passenger in a motor vehicle (not motorcycles)
- Your injury damages don’t exceed £5,000
- Your total claim, including other losses, doesn’t exceed £10,000
- You’re over 18 years old
No Recovery of Legal Fees
The OIC portal is intended for claimants to use themselves, without a solicitor. This is intentional as legal fees are no longer recoverable from the defendant’s insurer under the small claims track. Many solicitors no longer accept these claims on a no win, no fee basis because these changes mean the sums don’t justify the work.
If you need legal help but fall within the small claims track, some solicitors will assist on a limited basis or for a fixed fee. It’s worth exploring your options and being clear about costs from the outset.
Exceptions for Vulnerable Road Users
The small claims track expansion and OIC portal do not apply to cyclists, motorcyclists, pedestrians or other vulnerable road users, such as horse riders and those on mobility scooters. These groups stay under the original £1,000 limit.
The distinction exists because vulnerable road users face greater injury risks when hit by vehicles. A pedestrian hit by a car might suffer fractures that can’t be valued through the online portal. Their claims move to standard court procedures, which means claims over £1,000 follow a different pathway and claimants can recover legal costs if they win.
Different Tracks for Larger Claims
Not all cases are small claims. If your injury claim exceeds £5,000 (£1,000 for vulnerable road users), it follows a different pathway and different procedures apply.
Fast Track for Mid-range Claims
Fast track cases involve claims between £10,000 and £25,000. They are structured to finish relatively quickly, with trials limited to one day and expert evidence restricted to one expert per side. After allocation to the fast track, the court sets a relatively snappy timetable for the claim. The entire process, from beginning to end, should take no longer than 9-12 months.
A significant new development is the Fixed Recoverable Costs (FRC) system. Since October 2023, the legal costs a winning party can recover from the losing party are capped at set amounts, determined by how complex the case is. This provides certainty and proportionality of costs, but it can mean successful claimants pay their solicitor more than they recover from the opponent. Most fast track personal injury cases use no win, no fee agreements to manage this.
Intermediate Track – The New Middle Ground
Introduced in October 2023, the intermediate track is a relatively new addition. It applies to claims valued between £25,000 and £100,000 where the cause of action (usually the accident date) occurred on or after 1 October 2023. If your accident happened before this date, your claim will be allocated to either the fast track or multi-track, depending on its value and complexity.
The intermediate track was created to bridge the gap between fast track and multi-track claims and provides a more proportionate procedure for moderate-value cases. Trials are limited to three days, and oral expert evidence is restricted to two experts per party. Like the fast track, it sets a cap on the legal expenses that can be recovered from the losing party.
Multi-Track for Complex and High-Value Cases
If a claim doesn’t fit the fast or intermediate track, it goes to multi-track. Claims valued above £100,000 and those with complicating factors, such as more than two defendants, will be allocated to this track. Some claims go to multi-track automatically, including mesothelioma and asbestos-related disease claims, clinical negligence cases (unless liability is admitted), and cases involving harm to children.
There are no restrictions on trial length or the number of expert witnesses in multi-track cases, and the judge will actively manage the case through conferences and pre-trial reviews. Legal costs aren’t fixed in this track. Instead, there is a detailed costs assessment to determine what the losing party pays the winner, and the amount can be contested if it seems unreasonable.
Changes to Personal Injury Compensation
The Whiplash Tariff System
On 31 May 2021, compensation for whiplash injuries was fixed at a set amount based solely on the injury’s duration. In 2025, the tariff was increased, with the current amounts shown below:
- Up to 3 months: £275 (£300 with minor psychological injury)
- More than 3 to 6 months: £565 (£595)
- More than 6 to 9 months: £965 (£1,025)
- More than 9 to 12 months: £1,510 (£1,595)
- More than 12 to 15 months: £2,335 (£2,435)
- More than 15 to 18 months: £3,445 (£3,550)
- More than 18 to 24 months: £4,830 (£4,975)
Injuries lasting longer than two years fall outside the standard tariff award and are calculated the same way as other personal injury compensation.
The tariff has made whiplash claims much less valuable for claimants – awards are now up to 80% lower than pre-reform compensation amounts. This is intentional on the part of the government whose goal was to reduce fraudulent claims and lower insurance costs.
The Ogden Discount Rate
For catastrophic injuries requiring lifetime care, the Ogden Discount Rate determines how much lump sum compensation is needed to provide the injured person with an income to pay for future care. The Discount Rate represents the expected return the claimant is likely to earn by investing their compensation payment in a low-risk portfolio.
This rate changed in January 2025 from -0.25% to +0.5%. The higher rate means claimants will receive a lower payout, because it’s assumed the money will grow enough to cover future needs.
For example, suppose a disabled child needs £150,000 annually for 60 years. Before January 2025, a lump sum of £9.7 million would be needed to achieve this. After the rate change, that same need is valued at £7.76 million – a reduction of roughly £1.96 million.
Contact Us for Guidance on Personal Injury Rules
Personal injury law reform is firmly on the government’s agenda and changes are happening all the time. Finding the best personal injury firm to represent you is more important than ever. With the right legal advice, you can ensure that you receive the best compensation under the new tariff system and other reforms.
Osbornes Law is an award-winning practice of personal injury solicitors in London. We are recognised experts in our field and have been accredited by leading legal directories such as Chambers & Partners, Legal 500 and the Association of Personal Injury Lawyers (APIL). We’ve worked on thousands of different claim types over the years and will match you with a specialist solicitor who has experience handling cases just like yours.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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Rob Aylott is adept at handling sensitive and complex catastrophic injury claims.
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 has a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims, including fatalities and severe injuries regarding the brain and spinal cord.
Osbornes have expert leadership. They are very client-centred and provide great communication.
They have got a team of strong partners who are experienced and capable, and their lawyers have a can-do attitude and don't seem to be fazed by anything.
They grasp complex and sophisticated matters quickly.
From partners to associates, the lawyers are committed to ensuring a successful outcome for every client.
They have intelligent, experienced lawyers who advise their clients very carefully.
Osbornes deal with their clients in a very professional manner, attempting to get the best results at all times.
Sam Collard, head of cycling, specialises in severe injury and fatal accident cases.
Rob Aylott leads on amputation disputes, often working with major trauma units.
Department head Sophie Davies handles severe injury and fatality matters with a focus on early rehabilitation.
Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases.
Excellent firm with a good insight into and prosecution of catastrophic PI work handled by an experienced team.
Without doubt, Osbornes are the firm to watch in London.
This team is growing in profile all the time. The firm now has many of London's leading personal injury solicitors.
The file handlers I have worked with are experienced and expert personal injury practitioners who can be relied upon to achieve excellent outcomes for the client.
They are very supportive of their clients and are willing to take on difficult cases.
This team is very well organised and approach their cases with great attention to detail.
They have particular expertise in dealing with Eastern European clients who speak little or no English as they have native speakers within their team.
Osbornes is a excellent firm for high value and complex personal injury work.
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’.
