What is the pre-action protocol for personal injury in England?
The Pre-Action Protocol for Personal Injury Claims sets out the steps both parties must take before court proceedings are issued. For most claims this involves sending a letter of claim to the defendant or their insurer and allowing time for investigation and response. For road traffic accident claims under £25,000 and employer or public liability claims, dedicated Ministry of Justice portals manage the pre-action stage.
What is the Official Injury Claim portal?
The Official Injury Claim (OIC) portal at officialinjuryclaim.org.uk handles whiplash and soft tissue injury claims arising from road traffic accidents in England and Wales where the injury value is under £5,000. You can register and submit a Claim Notification Form (CNF) yourself. The portal manages the claim process including obtaining a medical report and receiving the insurer's offer.
What is the MOJ portal and when is it used?
The Ministry of Justice (MOJ) Employer and Public Liability portal handles employer liability and public liability claims valued between £1,000 and £25,000. Claims are submitted using a Claim Notification Form. You can use the portal yourself or through a solicitor. Employers and public bodies must respond within set timeframes or the claim moves to the court process.
How long do I have to bring a personal injury claim in England?
The standard limitation period for personal injury claims in England and Wales is three years from the date of the accident or the date you first knew the injury was connected to the accident or another person's fault. For children the three-year period runs from their 18th birthday. You should always seek advice promptly as gathering evidence early is crucial.
Do I need a medical report for a personal injury claim?
Yes. A medical report from a MedCo-accredited medical expert is required for whiplash claims through the OIC portal. For other personal injury claims, a medical report supports the valuation of your injury. The OIC portal arranges this for you. For higher value claims outside the portal you will need to instruct a medical expert jointly agreed with the defendant.
What is a Part 36 offer?
A Part 36 offer is a formal settlement offer made under Civil Procedure Rule 36 that carries costs consequences if not accepted. If a defendant makes a Part 36 offer and you fail to beat it at trial, you may be ordered to pay the defendant's costs from the date the offer expired. You can also make a claimant Part 36 offer to put pressure on the other side to settle.
What is the small claims track for personal injury?
From May 2021, the small claims track limit for road traffic accident personal injury claims was raised to £5,000 (previously £1,000). For employer and public liability personal injury claims the small claims limit remains at £1,000. Claims within the small claims track are heard without costs being awarded to either side so solicitor fees may not be recoverable.
What is a conditional fee agreement?
A conditional fee agreement (CFA), sometimes called a no win no fee agreement, means a solicitor only charges if you win. If successful, the solicitor's fee comes from a success fee uplift on their base costs. The success fee is capped at 25% of your damages (excluding future losses) for personal injury claims. CFAs are common for personal injury claims outside the OIC small claims track.
Can I represent myself in a personal injury claim?
Yes. For lower-value claims through the OIC portal, self-representation is straightforward and the portal guides you through the process. For claims outside the portal and portal claims that proceed to court, the process is more complex, but litigants in person have the same rights as represented parties. Citizens Advice and the Personal Injury Bar Association pro bono unit can help with guidance.
How does uplaw.ai help with personal injury claims in the UK?
Tell uplaw.ai about your injury, how it happened, and what medical treatment you have received. We help you understand whether to use the OIC portal or another route, what the process involves, and what information you need to gather before starting a claim.
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