Personal Injury No Win No Fee — England & Wales

What Is a Personal Injury Claim?

Direct Answer: A personal injury claim seeks compensation for physical or psychological harm caused by another party. In England and Wales many solicitors use CFAs. The success fee may be up to 100% of base costs, but at first instance the deduction in a personal-injury case is separately capped at 25% of PSLA plus past pecuniary loss, net of recoverable benefits; future pecuniary loss is excluded.

A personal injury claim is a legal claim for compensation brought by a person who has suffered physical or psychological injury due to the negligence, breach of statutory duty, or deliberate act of another person, company, or public body. The claim seeks to put the injured person back in the position they would have been in had the injury not occurred, so far as money can do so.

Common Types of Personal Injury Claims

• Road traffic accidents (RTAs) — the most common type, including car, motorcycle, cyclist, and pedestrian injuries
• Workplace injuries — employers' liability claims for accidents at work or occupational disease
• Slips, trips, and falls — public liability claims for injuries in public places or on private premises
• Medical and clinical negligence — injuries caused by substandard medical treatment
• Product liability — injuries caused by defective products under the Consumer Protection Act 1987
• Assault and criminal injuries — physical injuries caused by criminal acts (may also involve CICA claims)

How No Win No Fee Works for Personal Injury

Most personal injury solicitors in the UK offer Conditional Fee Agreements as standard. Under a CFA:

• You pay no solicitor fees if your case is unsuccessful
• If successful, your solicitor charges base costs (partly recovered from the defendant) plus a success fee deducted from your damages
• The success fee is capped at 25% of general damages and past losses
• ATE insurance typically covers your disbursement risk
• QOCS usually limits enforcement of the defendant's costs, subject to exceptions and Part 36 consequences

How Does the Claims Process Work?

The personal injury claims process in England and Wales typically follows these stages:

1. Initial assessment — a solicitor assesses the merits of your claim and whether to offer a CFA
2. Pre-action protocol — a letter of claim is sent to the defendant (or their insurer), who has a set period to investigate and respond
3. Medical evidence — an independent medical expert examines you and prepares a report on your injuries
4. Negotiation — most claims settle through negotiation, often with a Part 36 offer
5. Court proceedings — if settlement is not reached, proceedings are issued and the case is allocated to a track (small claims, fast track, or multi-track)

Whiplash Reform and the OIC Portal

Since May 2021, the Civil Liability Act 2018 and associated reforms have changed how low-value RTA soft tissue injury (whiplash) claims are handled. Claims for whiplash injuries valued at up to £5,000 are now processed through the Official Injury Claim (OIC) portal, and fixed tariff damages apply. Legal costs are generally not recoverable for these claims, which has significantly changed the no win no fee landscape for low-value RTAs.