Starting a Personal Injury Claim

Before a personal injury claim can move forward, your solicitor will usually need to understand three main things:

● how the accident happened
● who may have been responsible
● what injury, loss or impact you have suffered

You do not need to have all the answers before speaking to a solicitor. Many people contact us because they are unsure whether they have a claim at all.

A personal injury solicitor can help assess whether there may be a legal basis to investigate the claim further. This may involve considering whether another person, business, employer, driver, organisation or public body owed you a duty of care, whether that duty may have been breached, and whether the accident caused your injuries.

Evidence is important, but it does not all need to be gathered before your first conversation. In many cases, your solicitor can explain what evidence may be needed and how it can be obtained.

Timing also matters. In many personal injury claims in England and Wales, court proceedings must usually be started within three years, although exceptions can apply.

Taking advice early helps ensure important deadlines are not missed and that evidence is considered before it becomes harder to obtain.

Many people delay seeking advice because they are unsure whether their injury is “serious enough” to justify making a personal injury claim.

That is understandable.

After an accident, it is common to hope symptoms will improve quickly, especially if you are trying to return to work, care for family or get back to normal. However, the seriousness of an injury is not always clear in the first few days or weeks.

What matters is not only the type of injury, but how it affects you.

A solicitor may consider:

● how long symptoms have lasted
● whether you needed medical treatment
● whether you have missed work
● whether daily tasks have become difficult
● whether you need help from family or friends
● whether further treatment may be needed
● whether there may be ongoing or future impact

Some injuries resolve quickly. Others develop or continue for longer than expected.

Speaking to a solicitor does not mean you must bring a claim immediately. It helps you understand whether the circumstances are worth investigating and what steps you should take to protect your position.

Evidence helps show what happened, who may have been responsible, what injuries were caused and how the accident has affected your life.

You do not need every piece of evidence before seeking advice, but it can help to gather what you can.

Useful evidence may include:

● photographs of the accident scene
● photographs of your injuries
● dashcam, CCTV or video footage
● accident book entries
● workplace incident reports
● police reference numbers
● names and contact details of witnesses
● medical records or appointment details
● hospital discharge notes
● GP or physiotherapy records
● correspondence with insurers
● receipts for expenses
● travel costs linked to treatment
● proof of lost earnings
● a diary of symptoms, pain and recovery

A short written note of what happened can also be helpful, especially while events are still fresh in your memory.

If you do not have all of this information, that does not automatically mean you cannot claim. Your solicitor can advise what evidence is most important and how it may be obtained.

Once your solicitor has assessed your position and agreed to investigate the claim, the process usually moves through several stages.

In most personal injury claims, medical evidence is essential.

Your solicitor will usually need to understand not only what injury you suffered, but how long recovery is likely to take, whether symptoms are ongoing, and whether there may be any longer-term impact.

This is why an independent medical assessment may be arranged.

A medical report can help establish:

● the injuries caused by the accident
● the treatment you have received
● your current symptoms
● your expected recovery period
● whether further treatment may be needed
● whether there may be long-term effects
● whether your ability to work or carry out daily activities has been affected

It can be tempting to settle quickly, especially if an insurer makes an early offer. However, settling before your medical position is clear can create real risk.

Once a claim is settled, it is usually final. If symptoms continue or worsen after settlement, it may be very difficult to reopen the claim.

Good legal advice helps ensure that settlement is considered at the right time, after your injuries and losses have been properly understood.

How Long Does a Personal Injury Claim Take?

The time a personal injury claim takes depends on several factors, including the seriousness of the injury, whether responsibility is admitted, how long recovery takes and whether future losses need to be assessed.

Some straightforward claims may resolve relatively quickly, particularly where liability is admitted and the injury has resolved.

More serious or disputed claims can take longer. This is especially true where:

● liability is denied
● medical evidence is still developing
● symptoms are ongoing
● several experts are needed
● lost earnings or future losses are complex
● rehabilitation or care needs must be assessed
● settlement should wait until prognosis is clearer

Delay can feel frustrating, especially when you want certainty. However, in personal injury claims, moving too quickly can sometimes put you at risk of under-settling.



The purpose of a claim is not just to conclude the process. It is to secure compensation that properly reflects your injury, recovery, financial losses and future needs where relevant.

One of the biggest concerns people have before starting a personal injury claim is whether they will have to go to court.

In many cases, claims settle without a trial. Settlement discussions can take place once evidence has been gathered, liability has been considered and the value of the claim is better understood.

However, court proceedings may sometimes be necessary. This can happen where liability is denied, the other side will not make a reasonable offer, or a deadline needs to be protected.

Issuing court proceedings does not automatically mean your case will end in a trial. Many claims continue to negotiate after proceedings are issued.



Your solicitor should explain the reason for any major step before it is taken, so you understand what is happening and why.

Many people worry about the cost of starting a personal injury claim.

Funding options depend on the circumstances of the case, but many personal injury claims can be considered on a no win no fee basis. This means you may be able to start a claim without paying legal fees upfront.

Before any claim begins, your solicitor should explain:

● whether your claim can be considered
● what funding options may be available
● whether no win no fee is suitable
● what deductions may apply if the claim succeeds
● what happens if the claim does not succeed
● whether legal expenses insurance may be available

Clear funding advice is important because you should understand the cost position before deciding whether to proceed.



At Ellis Hass, funding options can be discussed at the outset so you know where you stand before making a decision.

Read more: Looking for a Personal Injury Solicitor in the UK? These Are the Claims We Handle and How We Can Help

The early stages after an accident can make a significant difference to a personal injury claim.

Many people make understandable mistakes because they are focused on recovery, work, family or simply trying to move on. However, some decisions can affect evidence, settlement value or the strength of the claim later.

Common mistakes include:

● waiting too long to seek advice
● not getting medical attention
● failing to report the accident
● not keeping photographs or documents
● accepting an early offer from an insurer
● not keeping receipts for expenses
● failing to record symptoms and recovery
● assuming the injury is not serious enough to claim
● discussing the claim too freely online
● speaking to insurers without understanding your position
● settling before the medical prognosis is clear

You do not need to build the claim yourself before speaking to a solicitor.



Early advice can help you understand what to do, what to avoid and whether there may be a claim worth investigating.

You do not need a complete file of evidence before contacting a solicitor. However, it can help to make a few notes before the first conversation.

Before speaking to a solicitor, try to note:

● when the accident happened
● where it happened
● how it happened
● who was involved
● whether anyone witnessed it
● whether the accident was reported
● what injuries you suffered
● what treatment you received
● whether symptoms are continuing
● whether you have missed work
● whether you have incurred expenses
● whether anyone has contacted you about compensation

If you have photographs, reports, letters, emails, receipts or medical appointment details, keep them somewhere safe.



Even if you are missing some of this information, it is still worth seeking advice. Your solicitor can help identify what matters most.

Starting a personal injury claim can feel uncertain, particularly if you are still recovering or do not know whether you have a strong case.

Ellis Hass provides clear, practical advice to help you understand your position before making decisions.

We will not push you to start a claim if there is no realistic basis to proceed. We will not encourage you to accept an early settlement before your medical position has been properly understood. Our role is to help you make informed decisions with a clear view of your options.

With over 30 years’ experience, Ellis Hass advises clients across the UK on personal injury claims, including road traffic accidents, workplace injury claims and serious injury claims.

Our approach focuses on careful preparation, clear communication and securing compensation that properly reflects your injuries and losses.

Clients benefit from:

• Clear advice on whether there may be a claim
• No win no fee claims where appropriate
• Careful evidence gathering
  
• Guidance on medical evidence
  
• Assessment of injury claim settlement value
  
• Proactive insurer negotiations
  
• Advice on interim payments where suitable
  
• Support from experienced personal injury solicitors

The aim is not to rush you into a claim or pressure you into early settlement.

The aim is to help you understand your options and move forward from a position of clarity.

If you have been injured and are unsure whether you can make a claim, you do not need to work everything out alone.

The first step is simply to understand your position.

A free initial discussion with Ellis Hass can help you find out whether there may be a claim, what evidence may be needed, how funding could work and what happens next.

You may be recovering from an accident, dealing with time off work, managing pain or unsure whether the injury will have a longer-term impact. Clear advice at an early stage can help you avoid mistakes, protect important evidence and make informed decisions before speaking to insurers or accepting any offer.

At Ellis Hass, we provide practical, straightforward advice on personal injury claims. Where appropriate, claims may be handled on a no win no fee basis, with no upfront legal costs.

If you are thinking about starting a personal injury claim, speak to Ellis Hass today for clear guidance on your options and next steps.