I have been injured through someone else's fault. What are my rights?

Short answer

If you have been injured because someone owed you a duty of care and failed to meet it — a road accident, a workplace injury, a slip on a wet floor, or clinical negligence — you may have a claim in negligence. You must generally bring your claim within three years of the date of injury, or three years from the date you knew (or ought to have known) about the injury and its cause.

For road traffic accidents, you must notify your insurer, and most claims now go through the Official Injury Claim portal. For workplace injuries, report the accident in the accident book and notify your employer in writing.

1 The rule

The law of negligence — established in Donoghue v Stevenson [1932] and refined by Caparo Industries v Dickman [1990] — requires a claimant to prove a duty of care, a breach of that duty, and resulting loss. For personal injury claims, the Limitation Act 1980 imposes a three-year time limit.

The court has discretion under s.33 of the Limitation Act 1980 to allow a claim outside the three-year period if it is equitable to do so, but this is exceptional and not to be relied upon.

2 What you can do now

1. 1
   Seek medical treatment and document your injuries

   Get medical treatment immediately. Your GP and hospital records are the primary evidence of your injuries. Ask your GP to note in the records that the injury is the result of an accident — this creates a contemporaneous record. Photograph injuries (including bruising at different stages of healing) and the scene of the accident where possible.

2. 2
   Report the accident and preserve evidence

   For road accidents: exchange details, report to police if required, and notify your insurer. For workplace accidents: report to your employer and ensure it is recorded in the accident book (the employer is required to keep one under RIDDOR 2013). For public place accidents: report to the occupier (shop, council, etc.) and ask for an incident report. Note the names of any witnesses.

3. 3
   Instruct a solicitor (often no win no fee)

   Most personal injury solicitors act on a conditional fee agreement (CFA — "no win no fee"). Under a CFA, you only pay if you win. A success fee (up to 25% of damages, excluding future care) may be deducted from your compensation. The solicitor will obtain medical evidence, calculate your losses, and send a letter of claim to the defendant or their insurer.

4. 4
   Follow the Pre-Action Protocol

   The <a href="https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_pic" target="_blank" rel="noopener noreferrer">Pre-Action Protocol for Personal Injury Claims</a> (or the RTA Protocol for road accidents) requires the claimant to send a detailed letter of claim, giving the defendant an opportunity to investigate and respond. Most cases settle at this stage without going to court. If settlement is not reached within the protocol period, proceedings are issued.

5. 5
   Issue proceedings if settlement fails

   If the defendant denies liability or makes an inadequate offer, your solicitor issues proceedings in the county court (or High Court for high-value claims). Most personal injury claims are allocated to the fast track (claims under £25,000) or the multi-track. Small claims track (under £1,500 for personal injury) does not apply to road traffic accident claims brought through the Official Injury Claim portal. See the <a href="/articles/small-claims-track-step-by-step" class="body-link">small claims track article</a> and the <a href="/guides/debt/small-claims-preparation" class="body-link">small claims preparation guide</a>.

3 When this does not apply

• Children's limitation period runs from their 18th birthday — they have until age 21 to bring a personal injury claim.
• For clinical negligence claims, the three-year period runs from the date of knowledge (often much later than the date of treatment).
• Fatal accident claims under the Fatal Accidents Act 1976 have their own limitation rules.

4 Common questions