A personal injury claim is a formal legal process in which a person injured through another party’s negligence seeks compensation from that party. Emaari Legal specialises in serious and catastrophic personal injury claims, acting only for claimants across England and Wales on a no win, no fee basis.
Being seriously injured, or losing someone in a fatal accident, is disorientating. This page sets out what a personal injury claim actually involves, how the process works from first contact to settlement, what it costs, how compensation is worked out, and the time limits that apply, so you know what to expect before you speak to a solicitor.
What Is a Personal Injury Claim?
A personal injury claim is a legal claim in negligence, brought under the law of England and Wales, where a claimant seeks compensation from a defendant who caused or contributed to their injury through a breach of duty. Negligence requires the claimant to show that the defendant owed a duty of care, breached it, and that the breach caused injury and loss.
Personal injury claims are usually resolved through negotiation between solicitors, but if liability or the value of the claim cannot be agreed, proceedings can be issued in the County Court or, for higher-value and more complex claims, the High Court. Emaari Legal focuses on the serious end of this spectrum: brain and spinal injury, amputation, serious burns, loss of sight, psychiatric injury including PTSD, complex fractures, chronic pain conditions such as CRPS, and fatal accident claims. Whiplash, other soft-tissue injuries, and medical or clinical negligence fall outside this specialism and are not covered here.
How Does the Personal Injury Claim Process Work?
The personal injury claim process moves from initial assessment through investigation, negotiation, and, where necessary, court proceedings. Each stage builds the evidence needed to establish liability and value the claim accurately.
- Free consultation. Emaari Legal offers a free claim assessment to establish whether you have grounds for a claim and what it might involve.
- Urgent visit if needed. For claimants who are hospitalised, immobile, or too unwell to travel, a solicitor can visit at home or in hospital within 24 hours of first contact.
- Investigation. Medical records, witness statements, accident reports, CCTV, and expert evidence (medical, engineering, or care) are gathered to establish how the injury happened and its full impact.
- Notifying the defendant. A letter of claim sets out the allegations of negligence and invites the defendant (or their insurer) to respond, usually confirming whether liability is admitted or denied.
- Rehabilitation and interim funding. In serious injury cases, interim payments and rehabilitation can often be arranged before the claim concludes, addressing urgent care, equipment, or treatment needs.
- Negotiation. Once liability is established and medical evidence is complete, solicitors for both sides negotiate the value of the claim based on the evidence gathered.
- Settlement or court proceedings. Many personal injury claims settle without a trial. Where liability or value cannot be agreed, court proceedings are issued and, in a small proportion of cases, the claim proceeds to a trial in the County Court or High Court.
What Does a Personal Injury Claim Cost?
Personal injury claims handled by Emaari Legal are funded through a Conditional Fee Agreement, commonly known as no win, no fee. This arrangement is designed to remove the upfront financial barrier to bringing a serious injury claim, particularly for claimants who are unable to work because of their injuries.
Emaari Legal also offers a free consultation before any funding agreement is signed, so you can understand your position with no financial commitment.
How Much Compensation Can You Claim?
Personal injury compensation is assessed under two heads of damage: general damages and special damages. General damages compensate for pain, suffering and loss of amenity, assessed with reference to the Judicial College Guidelines. Special damages compensate for financial losses actually incurred or expected because of the injury.
| Head of damage | What it covers |
|---|---|
| General damages | Pain, suffering and loss of amenity, valued against the Judicial College Guidelines |
| Special damages | Loss of earnings, past and future |
| Special damages | Cost of care, support and case management |
| Special damages | Rehabilitation, treatment and medical costs |
| Special damages | Home and vehicle adaptations, and equipment |
Serious and catastrophic injuries, such as brain injury, spinal cord injury, or amputation, tend to generate substantial special damages, because ongoing care, rehabilitation and adaptations are often needed for life. Cases of this kind can be worth significantly more than less severe injuries, though the value of any individual claim depends entirely on its own medical and financial evidence.
What Is the Time Limit for a Personal Injury Claim?
Personal injury claims in England and Wales are generally subject to a three-year time limit under the Limitation Act 1980, running from the date of the accident or the date the claimant became aware of the injury. Missing this limit can prevent a claim from proceeding at all, so early advice matters.
| Claim type | Standard time limit |
|---|---|
| Adult personal injury claim | 3 years from the accident or date of knowledge |
| Child claimant | 3 years from their 18th birthday |
| Claimant lacking mental capacity | Time limit may not run while capacity is lacking |
| Fatal accident claim | 3 years, generally from the date of death |
| Criminal Injuries Compensation Authority (CICA) claim | 2 years from the date of the incident |
Because exceptions depend on individual circumstances, anyone unsure whether their time limit has already started running should seek advice as soon as possible rather than assume they have the full three years.
Who Can Make a Personal Injury Claim?
Anyone injured because of another party’s negligence, and bereaved families following a fatal accident, may be able to make a personal injury claim. Emaari Legal acts for claimants across a defined range of serious injury types, rather than for every kind of accident claim.
In-scope claims include serious road traffic injuries (car, motorcycle, cyclist, pedestrian, and uninsured or untraced driver cases), serious accident at work claims involving construction, manual handling, machinery, falls from height, industrial disease or employer negligence, serious slip, trip and fall injuries, and fatal accident claims. Where an incident results from a crime of violence rather than negligence, it may instead fall under criminal injury (CICA) claims, which follow a different scheme with its own two-year time limit.
Whiplash, other soft-tissue and minor injuries, and medical or clinical negligence are outside Emaari Legal’s specialism and are not something the firm claims to handle.
Where Do Personal Injury Claims Apply Across England and Wales?
Personal injury claims can be brought anywhere in England and Wales, and Emaari Legal acts for claimants nationwide from its London office at Suite 331, 98 Theobalds Road, and its Manchester office at Lowry Mill, Lees Street, Swinton. Claimants do not need to live near either office, as the initial consultation, and the 24-hour home or hospital visit where needed, can take place wherever the claimant is.
Choosing Personal Injury Solicitors
Personal injury solicitors vary in their focus, and this matters for serious injury claims because the evidence, rehabilitation needs and long-term financial losses involved are far more complex than in a straightforward minor injury claim. Emaari Legal holds the Law Society Personal Injury Accreditation, a formal specialist credential a firm may only display if entitled to it, and is a member of the Motor Accident Solicitors Society (MASS).
When choosing personal injury solicitors for a serious injury or fatal accident claim, it is worth checking whether the firm specialises in catastrophic injury specifically, whether it can arrange rehabilitation and interim funding early, and whether a solicitor can attend in person if you or your family are hospitalised or unable to travel.
Frequently Asked Questions
What is the average payout for a personal injury claim in the UK?
There is no single average payout, because compensation depends on the injury’s severity, its long-term impact, and the claimant’s financial losses. Serious injuries with significant care, rehabilitation or loss-of-earnings needs are generally valued higher than injuries that resolve quickly; a free consultation can give an indication based on your specific circumstances.
Is it worth making a personal injury claim?
Making a personal injury claim allows a seriously injured claimant, or a bereaved family, to recover compensation for pain, suffering, and financial losses caused by another party’s negligence, funded on a no win, no fee basis so there is no upfront cost to finding out. Whether it is worth pursuing depends on the strength of the evidence of negligence and the extent of the losses involved, which a free consultation can help assess.
Do most personal injury claims get settled out of court?
Many personal injury claims settle through negotiation between solicitors once liability and medical evidence are established, without the need for a trial. Court proceedings and a trial become necessary only where the defendant disputes liability or the parties cannot agree the value of the claim.
What evidence is needed for a personal injury claim?
A personal injury claim typically needs medical records confirming the injury and its treatment, witness statements, any accident or incident report, photographs, and evidence of financial losses such as payslips, care costs or receipts for adaptations and equipment. Serious injury claims often also rely on expert medical, care or engineering evidence to establish long-term impact and cause.
What is the time limit to make a personal injury claim?
Personal injury claims in England and Wales are generally subject to a three-year time limit from the date of the accident or the date the injury was discovered, under the Limitation Act 1980, with different rules for children, claimants lacking mental capacity, fatal claims, and CICA claims.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Book a free consultation about your personal injury claim.
“No win, no fee” means we act under a conditional fee agreement: if your claim does not succeed you do not pay our fees, subject to the agreement’s terms. If your claim succeeds, a success fee is deducted from your compensation, capped by law at 25% of the damages awarded for your pain, suffering and past losses, and you may be liable for certain costs in some circumstances. We explain the full terms, including any insurance you may need, before you sign anything.
About this page. This page provides general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice; the right course of action always depends on the specific facts of your situation, and the law may have changed since this page was last reviewed. Strict time limits apply to personal injury claims, usually three years from the date of the accident or the date you first knew your injury was linked to it, with important exceptions (for example for children and for people who lack mental capacity). If you think you may have a claim, take advice as early as possible. For advice about your own circumstances, contact Emaari Legal on 0330 441 6754. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172).