Personal injury in London

What this page is and is not

If you have been hurt, you probably have many questions about fees, time limits and who to trust. However, London Solicitors Guide lists no firms, has no claim checker and refers no claims. It does not match or sell personal injury claims either.

Instead, this page explains the rules and ideas you are likely to meet. It covers referral fees, no win, no fee agreements, a government service for road traffic claims, time limits and accreditation. Because the guide stays neutral, it never points you towards a particular firm.

Be careful about anyone who uses the title of solicitor. Section 21 of the Solicitors Act 1974 makes it an offence for an unqualified person wilfully to pretend to be a solicitor. The same section covers using a name, title or description that implies they are qualified. A fine applies on summary conviction.

Why referral fees are banned

The law has a rule about referral fees for claims that firms pass on. However, the rule itself is in Section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which puts rules against referral fees on regulated persons.

In plain words, a regulated person breaches the rule in two situations. The first is when they refer prescribed legal business and receive payment for the referral. The second is when they pay for a referral that someone makes to them.

Therefore, the rule works in both directions. It covers the person who sends the work and the person who receives it. For example, paying for a referral breaches the rule in the way describes. Our guide on why personal injury referral fees are banned explains the ban in more depth.

No win, no fee agreements

A no win, no fee agreement changes who carries the risk of costs. The SRA guide says that if your claim is unsuccessful, you typically do not pay your provider for their costs. However, you could still be responsible for paying the other side’s costs.

The SRA guide also says your provider may take a fee to cover the costs they incur in running the claim. This success fee is often a percentage of the compensation. Because it comes out of what you win, you should ask to see how it works before you agree.

The guide refers to insurance too. This insurance protects you by covering costs should the claim be unsuccessful. Ask whether any insurance is part of the agreement and what it covers.

The law sets limits on the success fee. Under article 3 of the Conditional Fee Agreements Order 2013, the maximum success fee for proceedings in general is 100 per cent. The success fee is an uplift on the lawyer’s normal fees.

However, personal injury claims have a lower cap. Under article 5, in personal injury proceedings at first instance the success fee is 25 per cent. It applies to damages for pain, suffering and loss of amenity and to past pecuniary loss, net of sums recoverable by the Compensation Recovery Unit. In all other proceedings the figure is 100 per cent.

Article 4 names a claim for personal injuries as the kind of proceedings the 25 per cent cap covers. Article 6 lists exceptions, for example diffuse mesothelioma claims. Our guide to no win, no fee agreements covers the detail.

Official Injury Claim for road traffic claims

Some people with a minor injury from a road traffic accident can use a government service. Official Injury Claim is a free and independent online service. The Motor Insurers’ Bureau built it on behalf of the Ministry of Justice.

It lets people with minor injuries from a road traffic accident claim compensation without legal help. Official Injury Claim says it delivers government policy for road traffic accident personal injury claims under £5,000. The figure rises to £10,000 for all losses from the accident.

The service applies to people injured in a road traffic accident on or after 31 May 2021. As a result, the date of your accident matters. Check the service’s own pages to see whether your situation fits, because we cannot say whether your claim qualifies.

Time limits

Personal injury claims have a deadline. Under section 11 of the Limitation Act 1980, a personal injury action must not be brought after three years from the date the cause of action accrued. If it is later, the date of knowledge of the person injured can start the clock instead.

The time limit is three years, although the date of knowledge can vary it. We cannot say whether a particular claim is in time, since each case differs. Because a missed deadline can matter, note the date of your accident. Also note when you first knew about your injury, then ask a regulated adviser about the rule.

Accreditation to look for

The Law Society lists a Personal Injury accreditation. It is for practitioners who can say whether you have a case, how much compensation you might get and how much it will cost you.

To check, look for quality mark logos on websites, printed material or offices. The Law Society says you can also filter Find a Solicitor results by ticking the “accredited specialists only” box. However, a logo alone is not proof, so confirm what you see with the Law Society itself.

Checking a firm before you instruct it

Before you instruct anyone, check how they are regulated. The SRA Solicitors Register lets you look up the records of the solicitors and law firms the SRA regulates. You can check whether somebody is a solicitor and where they work.

The Law Society Find a Solicitor service searches its database of legal professionals. You can search by organisation or person, name or SRA ID, location, area of practice and legal issue. Both tools help you confirm the details a firm gives you.

Next, ask how fees work and whether insurance forms part of the agreement. Ask who will do the work and how they will keep you informed. Write down the answers, since a clear record is easy to check later. Our check-a-solicitor page shows you how to do this step by step.