Personal Injury Law in England & Wales — Information & Legal Overview

What Is Personal Injury Law?

Personal injury law provides protection and compensation rights for individuals who suffer bodily or psychological harm due to another person’s negligence, wrongful act, or breach of statutory duty. It applies to a wide range of scenarios, including:

• Road traffic accidents

• Workplace injuries

• Slips, trips or falls in public spaces

• Defective premises or property-related hazards

• Medical negligence and professional errors

• Accidents on private or commercial land

• Injuries due to faulty products or services

This page explains how personal injury claims work, what rights victims may have, and what key legal principles apply. It is for general information only.

Fundamental Legal Principles in Personal Injury Claims

Negligence: Duty, Breach and Causation

Most personal injury claims are based on negligence. To succeed, a claimant generally needs to show:

1. A duty of care was owed by the defendant

2. The duty was breached through unreasonable action or omission

3. The breach caused the injury (causation and foreseeability)

4. The injury led to actual loss or damage — physical, financial, or both

Courts assess each element carefully; liability is not automatic simply because an injury occurred.

Strict Liability and Statutory Offences

Some injuries arise under laws imposing strict liability or regulatory duties — for example, occupiers’ liability, defective products, or health and safety breaches. In such cases, proof of negligence may not be required.

Types of Compensation and Remedies

Victims may pursue claims for:

• General damages — for pain, suffering, loss of amenity, psychological impact

• Special damages — for quantifiable losses: medical expenses, rehabilitation costs, loss of earnings, care costs, travel expenses, future care needs

• Future losses and projections — lifelong care, loss of quality of life, reduced earning capacity, therapy and assistance costs

Compensation aims to restore the claimant to the position they would have been in, had the injury not occurred (as far as money can achieve that).

Time Limits and Legal Deadlines

Personal injury claims are subject to strict limitation periods under the Limitation Act:

• Normally three years from the date of injury, or from the date the injured person first knew (or should have known) that the injury was caused by negligence

• Different rules apply for children or individuals lacking mental capacity (time may start when capacity is restored or when child turns 18)

• Some exceptional cases (e.g. latent injury, industrial disease) have special limitation rules

Delays significantly reduce prospects of successful recovery — early legal consultation is often essential.

Typical Evidence Required in a Claim

Effective personal injury claims normally rely on a structured, documented evidence base, such as:

• Medical records and expert medical reports

• Accident reports or workplace / public-liability incident records

• Photographs or video evidence of accident location or injuries

• Witness statements or third-party testimony

• Financial documents showing loss of earnings, costs, and expenses

• Detailed records of rehabilitation, therapy, future care needs

Strong, organised evidence greatly increases the likelihood of fair compensation.

Risks, Complexities & What Claimants Should Know

• Liability may be disputed — proving negligence or breach isn’t guaranteed

• Even where liability is accepted, assessing long-term damages requires medical evidence and expert forecasting

• Compensation outcomes can be delayed — insurance investigations, liability disputes, rehabilitation needs, and legal complexities can prolong cases

• Statutory limitation periods must be observed — failure to act promptly may bar recovery

• Legal funding (e.g. conditional fee agreements, insurance) can be complex — not all cases qualify

What to Do If You Are Injured: A Practical Checklist

If you suffer injury and consider a claim:

1. Seek medical treatment immediately and keep medical records

2. Document the accident scene — photos, witnesses, contact details

3. Record financial loss: lost wages, receipts for expenses, rehabilitation costs

4. Avoid discussing fault on social media or with third parties

5. Secure evidence quickly — sites change, witnesses move, memories fade

6. Obtain legal advice from a qualified personal injury solicitor (specialist firm) — especially for serious or complicated cases

When You Need Specialist Legal Help

While this page provides a broad legal overview, serious or complex personal injury cases — multiple injuries, long-term disabilities, complicated liability, catastrophic injury, industrial disease — often require experienced, specialist legal advice.
A personal injury-qualified solicitor can:

• Assess potential liability and strength of claim

• Gather expert medical evidence

• Formulate a robust damages claim

• Negotiate with insurers or defendants

• Represent claimants through trial if necessary

This page provides general legal information only. Knights & Shah Solicitors are authorised and regulated by the Solicitors Regulation Authority to provide legal services in housing law and civil litigation. We do not offer legal advice or representation in criminal law.

For information about our regulated legal services, please visit our Contact page.