Personal injury law in the UK focuses on claiming compensation for physical or psychological harm caused by the negligence of a third party (e.g., in a road traffic accident, workplace accident, or public liability incident).
The system is primarily defined by the "No Win, No Fee" (Conditional Fee Agreement) structure, which removes the upfront financial risk for claimants. We detail the claims process, the types of damages recovered, and the impact of the Official Injury Claim (OIC) Portal on minor road traffic accidents.
6 Essential Facts on the UK Personal Injury Claims System
"No Win, No Fee" is the Standard Funding: The majority of personal injury claims are funded through a Conditional Fee Agreement (CFA), meaning the solicitor is only paid their fees (Success Fee) if the case is successful. This eliminates the financial barrier to accessing justice.
Success Fees are Capped: If the claim is successful, the solicitor charges a Success Fee, which is deducted from the compensation award. By law, this fee is typically capped at 25% of the General Damages (pain and suffering) and past financial losses.
Two Types of Damages Recovered: Compensation is calculated in two parts:
General Damages: Covers the Pain, Suffering, and Loss of Amenity (PSLA) caused by the injury (amounts are set by the Judicial College Guidelines).
Special Damages: Covers specific financial losses, including lost earnings, medical costs, physiotherapy, and travel expenses.
Three-Year Limitation Period: Claimants usually have three years from the date of the accident (or the date they first became aware of the injury) to issue court proceedings. Immediate consultation with a solicitor is essential, as there are very limited exceptions.
Official Injury Claim (OIC) Portal for Minor Claims: Claims for minor road traffic accident injuries (valued under £5,000) that occurred after May 31, 2021, must now be processed through the online Official Injury Claim (OIC) Portal. Compensation for whiplash is capped under a fixed tariff system in this portal.
The Claims Process is Negotiation-Driven: The vast majority of personal injury claims are resolved out-of-court via negotiation between the solicitor and the defendant's insurance company. Only a small fraction proceeds to court, typically involving medical expert reports to assess the injury's severity and prognosis.
Summary: UK personal injury claims are typically handled under a risk-free "No Win, No Fee" agreement, covering damages for both pain (General Damages) and financial loss (Special Damages). While most claims settle out of court within the three-year limit, minor road traffic injuries are now handled by a dedicated online portal.
