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When a family member or friend gives up their time, sometimes years of it, to look after you after a serious injury, that sacrifice has a real financial value, and English law recognises it. This is known as a gratuitous care claim, and it lets you recover compensation for unpaid help you have reasonably needed because of your injuries, calculated by reference to the cost of paid care. In a serious injury claim, gratuitous care is often one of the largest single elements of the final settlement, not a minor add-on.

What is gratuitous care, and can you really claim for it?

Yes, you can. English law has recognised this since the 1970s, when the courts confirmed in Donnelly v Joyce that an injured person can recover the value of care provided to them free of charge by a relative or friend, as part of their own compensation. It does not matter that no money actually changed hands between you and your carer. The law treats the need for that care as a genuine consequence of the accident.

Gratuitous care typically covers things like help with washing, dressing and eating, preparing meals, housework, driving you to medical appointments, and general supervision if you are not safe to be left alone. It sits alongside other financial losses in your claim, such as lost earnings, and you can read more about how the personal injury claim process works more broadly. Gratuitous care is simply one of the heads of loss assessed within it, and in a serious or catastrophic injury claim it is usually calculated with input from a care expert rather than estimated informally.

How gratuitous care is valued

There is a fairly standard method, even though every case is assessed on its own facts. Your solicitor, often with input from a care expert, works out roughly how many hours of extra help you have needed each week, then applies an hourly rate based on what suitable paid care would cost for similar support. A discount, commonly around 25%, is then taken off that commercial rate. The discount reflects the fact that unpaid family care does not carry the same tax, National Insurance, agency overheads or travel costs as commercial care.

A rough example helps make this concrete. Ten hours a week at a commercial rate of £20 an hour comes to £200. After a 25% discount, that is £150 a week, or around £7,800 over a year. Multiplied across several years of a serious injury claim, this single head of loss can run into a significant sum.

Why the compensation is legally meant for your carer

This is where gratuitous care claims differ from most other heads of loss. In Hunt v Severs, the House of Lords confirmed that although you, as the injured claimant, formally recover this money from the defendant, you hold it on trust for whoever actually provided the care. In practice, that usually means passing it on to the family member or friend who gave up their time.

This matters for two reasons. First, it is a recognition, in financial terms at least, of what your carer has genuinely given up, whether that is paid work, free time or their own wellbeing. Second, if you are setting up a personal injury trust to protect a larger settlement, for example to avoid it affecting means-tested benefits, the gratuitous care element should be discussed carefully with your solicitor.

The one situation where you cannot claim

There is a significant exception. If the person who cared for you is also the person who caused your accident, for example a partner who was driving the car at the time of a crash, you cannot normally claim for the care they personally provided. The reasoning is straightforward once you see it. The defendant would effectively be paying themselves, since the money would be held on trust for the very person responsible for the claim in the first place.

This does not affect your right to claim for every other element of your injury, and it does not prevent a claim for care provided by someone else, such as another relative who stepped in.

What counts as “above and beyond”, and how to prove it

Not every bit of help a family member gives you counts. The care being claimed needs to go beyond what that person would ordinarily have done for you anyway, or the usual give and take of family life. A partner doing the weekly shop they always did is not a loss caused by the accident. A partner doing the shop, plus washing and dressing you, plus driving you to three appointments a week, plainly is.

Because this is among the heads of loss most often challenged in a personal injury case, decent evidence matters.

1. A day-to-day care diary kept by you or your carer, ideally started soon after the accident
2. A witness statement from the person who provided the care, describing what they actually did
3. Independent medical or care expert evidence confirming the level of care was reasonably necessary
4. Being accurate rather than generous with the hours claimed, since overstating this can undermine your credibility on the rest of your claim too, as our note on fundamental dishonesty in personal injury claims explains

Future care: when gratuitous family care is not the long-term answer

For a short recovery, ongoing family care usually makes sense for everyone. For a catastrophic or lifelong injury, it often does not, and your solicitor and any care expert involved will think this through carefully. A family member who has provided intensive care for two years while a claim is resolved may not be able to sustain that for the next 30, whether because of their own age, health, work, family responsibilities or the toll it takes.

Courts and insurers both recognise this. Claims involving long-term future care frequently move toward a mix of continued family involvement and professional, paid support, costed and valued separately within your serious injury claim rather than assumed to continue indefinitely for free. Getting this balance right, rather than rushed, is one of the reasons these claims often take real time to settle properly.

Frequently asked questions

A few of the questions we are asked most often about claiming for unpaid care.

Can I claim for care given by a friend, not just family?

Yes. The principle applies to anyone who has provided genuine, unpaid care because of your injury, whether that is a partner, parent, sibling, or a close friend who stepped in.

Do I have to pay my carer back from the compensation?

The compensation for this element of your claim is legally held on trust for the carer, so yes, in principle it should be passed on to them. The practicalities can be discussed with your solicitor, especially where the wider settlement is being structured carefully.

What if my carer already helped me with some things before the accident?

Only the additional care caused by your injury counts. Help that was already part of your normal family life beforehand is not included.

Can I claim for emotional support, not just physical help?

A gratuitous care claim generally covers practical tasks, assistance and supervision rather than emotional support on its own, though the broader impact on you and your family may be reflected elsewhere in your claim.

How far back can I claim for care already provided?

You can claim for reasonable care provided since the date of the accident, which is one reason it helps to start keeping a record of hours and tasks as early as possible.

Does receiving this money affect my carer’s own benefits or tax position?

This depends on individual circumstances, so it is worth raising with your solicitor directly if your carer receives means-tested benefits, or if there may be tax or financial planning issues, before any settlement is finalised.

Talk to Mark Reynolds Solicitors

If a family member or friend has given up their time to look after you following a serious injury, that deserves to be properly recognised and valued, not treated as an afterthought in your claim. We act on a no win, no fee basis and will talk you through what the care you have received is likely to be worth, and how to start keeping the right evidence from today. Contact our team for a free, no obligation conversation. We take instructions from clients nationwide and have offices in Liverpool, Leigh, Runcorn and Warrington. Call us on 0800 002 9577 to speak to our team.

Serious injury compensation has to reflect a lifetime of costs and losses, not just the next few months, so your solicitor needs a complete and accurate picture of your recovery, prognosis and future needs before your claim can be valued properly. Settling early, before that picture is clear, risks accepting far less than you are entitled to. Depending on the type and severity of the injury, many serious injury claims take somewhere between eighteen months and five years to reach a final settlement, and the most complex cases can take longer.

How long does a serious injury claim actually take?

There is no single answer, because it depends on the injury, whether liability is disputed, how long it takes for your condition to stabilise, and how much evidence is needed to value future losses. As a general guide, many serious injury claims settle within eighteen months to five years. A moderate road traffic injury with liability admitted early may resolve more quickly, while a catastrophic brain or spinal injury claim can reasonably take three to five years or longer.

These are general guides rather than promises, and your own solicitor will be able to give you a clearer estimate once they understand the specifics of your case.

Why your claim waits for “maximum medical improvement”

The single biggest factor in how long a serious injury claim takes is not always the legal process itself. It is your recovery. Solicitors often describe the point at which your condition has stabilised, whether that means a full recovery or a settled long-term prognosis, as reaching maximum medical improvement. Settling before that point is one of the more common and costly mistakes people make with personal injury claims. Once you accept a final settlement, you generally cannot go back for more if your condition later worsens.

For a broken wrist, that might take a few months. For a serious brain injury, doctors may need two years or more before they can say with confidence how your memory, concentration, personality or ability to work will be affected long term, and how much ongoing support you will need. Rushing that assessment to speed up your claim rarely works in your favour, which is exactly why we usually advise against accepting an early offer without speaking to a solicitor first.

Interim payments and the Rehabilitation Code: support while you wait

You do not necessarily have to wait years with no support at all. Two mechanisms exist specifically to help with this.

An interim payment is a sum released by the defendant or their insurer before your claim finally settles. It is usually available where liability has been admitted, judgment has been entered, or the court is satisfied that you are likely to recover substantial damages. It can help with urgent needs such as private treatment, home adaptations, care, equipment or lost income, and your solicitor can request one once the liability position is clear enough.

Separately, the Rehabilitation Code 2015 encourages your solicitor and the insurer to consider your rehabilitation needs early, often before the final value of the claim is resolved. It is voluntary rather than a legal requirement, but it is recognised in the pre-action protocol for personal injury claims and is widely used in appropriate cases. Insurers often cooperate because getting treatment and support in place earlier can improve recovery and reduce the overall cost of the claim.

Why compensation is sometimes paid as regular payments, not a lump sum

For the most serious, lifelong injuries, a single lump sum is not always the right way to structure compensation, and the court has a say in this. Under section 2 of the Damages Act 1996, a court can order that some or all future financial losses are paid as regular payments, known as a periodical payments order, rather than as one upfront sum.

The appeal is straightforward. Life expectancy, and the future cost of care, therapy, case management and specialist equipment, can be genuinely difficult to predict decades in advance. A lump sum that looks generous today could fall short in twenty years if costs rise faster than expected, or if you live longer than assumed. Periodical payments reduce that risk by providing ongoing payments for future needs.

This is one reason working out the true value of a catastrophic injury claim, and agreeing how it should be paid, takes considerably longer than settling a straightforward injury with a single cheque. It also explains why the personal injury discount rate used in England and Wales to calculate lump sum future loss awards, currently 0.5 per cent, matters so much to how these cases are valued and negotiated.

Other reasons these claims take time

Beyond your own recovery, a handful of other factors commonly add to the timeline of a serious injury claim.

• Disputed liability. If your employer, the other driver or an NHS trust disputes responsibility, or argues you contributed to your own injuries, resolving that argument can take months or years on its own.
• Multiple experts. Catastrophic claims often need input from several specialists, such as neurologists, orthopaedic surgeons, care experts, occupational therapists, accommodation experts and employment consultants. Their reports have to be prepared, exchanged and sometimes challenged.
• Court timetables. Only a minority of claims reach trial, but where a case does proceed to court, waiting for directions, expert evidence and a listed hearing date can add months.
• Multiple insurers or defendants. Claims involving more than one responsible party, such as a multi-vehicle collision or workplace accident involving contractors, mean more parties who all have to agree before anything can be finalised.

Clinical negligence claims often take even longer

Clinical negligence claims involving serious injury tend to sit at the slower end of the range, often taking three to six years. Unlike many accident claims, where the fact of the accident may be clearer, a clinical negligence claim has two separate hurdles to clear. You need to show the treatment fell below an acceptable standard of care, known as breach of duty, and separately that this specific failure caused the harm you suffered, known as causation.

Both stages usually require detailed expert medical evidence, and the defendant may obtain its own evidence before a final position is reached. NHS Resolution, which handles claims against NHS organisations in England, also has its own processes and timescales to work through. You can read more about how long a medical negligence claim takes if this applies to your situation.

What happens if the claim ends up going to court

Very few serious injury claims are finally decided by a judge. Most settle through negotiation once both sides have enough medical and financial evidence to understand the likely value of the claim. You can read more about how the personal injury claim process works and the settlement process for personal injury claims more generally.

Where a genuine dispute remains, whether over liability, contributory negligence, or the value of future losses, court proceedings create a more structured timetable, with deadlines for evidence and a trial date at the end of it. The prospect of a trial date often does more to bring a reluctant insurer to a sensible offer than months of correspondence, and our note on what happens if you lose a personal injury claim covers the other side of that risk.

The three-year time limit still applies

Whatever the eventual timeline turns out to be, you generally still need to start court proceedings within three years of the accident, or within three years of the date of knowledge in many clinical negligence and industrial disease claims, under the Limitation Act 1980. This deadline exists independently of how long your claim then takes to resolve once it has begun. There are important exceptions for children and people who lack mental capacity to bring a claim themselves, and the court has a limited discretion in some cases, but the safest approach is to get advice early.

Getting a solicitor involved early does not force a quick, undervalued settlement. It simply means the evidence gathering, rehabilitation and expert reports can start sooner, which often makes the whole process smoother rather than slower.

Frequently asked questions

A few of the questions we are asked most often about how long serious injury claims take.

How long does a brain injury claim take to settle?

Traumatic brain injury claims are among the longest-running personal injury cases, typically taking three to five years or more in serious cases. The long-term effects on memory, concentration, personality, care needs and future earning capacity can take years to fully emerge, and settling too early risks significantly undervaluing the claim.

What is an interim payment and how do I get one?

An interim payment is money released by the defendant or insurer before your claim fully settles, usually once liability is admitted or your solicitor can show there is a strong basis for it. It helps cover urgent costs such as treatment, care, home adaptations or lost income. Ask your solicitor whether you are likely to be eligible.

Will I have to go to court?

Most claimants never set foot in a courtroom. The large majority of serious injury claims settle through negotiation, and even where court proceedings are formally started, many still settle before a trial actually takes place.

Does no win no fee affect how long my claim takes?

No win no fee funding does not change the medical or legal evidence needed to value the claim properly. Under a no win no fee agreement, your solicitor takes on the financial risk of the case rather than being paid regardless of outcome. The claim should still take as long as it genuinely needs to take.

How much compensation will I get for a serious injury?

This depends entirely on the injury and its long-term impact. Solicitors refer to the Judicial College Guidelines as a starting point for valuing pain, suffering and loss of amenity, before adding your specific financial losses, future care, treatment, equipment, lost earnings and other needs on top.

Can I claim if the accident happened more than three years ago?

Generally, the three-year limitation period is a strict deadline, but there are exceptions for children, people who lack mental capacity, and cases where the date of knowledge of an illness, injury or negligence came later than the incident itself. If you are close to or beyond three years, take advice immediately rather than assuming the claim is impossible.

Talk to Mark Reynolds Solicitors

A long timeline is not a sign that anything has gone wrong. For a serious injury, it usually means your solicitor is doing the job properly, making sure your compensation reflects the whole of your future rather than a rushed guess at it. We act on a no win no fee basis, and we will give you a realistic view of how your particular claim is likely to progress from the very first conversation. Contact our team today for a free, no obligation chat. We have offices in Liverpool, Leigh, Runcorn and Warrington, and we are happy to talk whenever you are ready.

If your employer or their insurer has told you that an accidents at work claim was your own fault, that does not automatically end things. Compensation claims for workplace accidents in England and Wales are fault based, so you usually need to show some element of employer negligence. But responsibility for an accident rarely sits entirely with one person. If your employer’s failings played any part, whether that is inadequate training, a missing guard on a machine or poor supervision, you may still have grounds to claim, even where your own actions contributed too.

Can you claim if it was your fault?

In most cases, no, if the accident was entirely down to your own actions with no failing on your employer’s part at all. That situation is rarer than many people assume, though. If your employer contributed in any way, through inadequate training, a missing risk assessment, faulty equipment or poor supervision, you may still have a valid accident at work claim, even where you also played a part in what happened.

Solicitors call this a fault-based system. It works differently from the no-fault schemes some other countries use, where an injury at work is covered regardless of who caused it. Here, you need to show your employer breached the duty of care it owes you, whether that comes from the general common law duty to provide a safe system of work, or specific statutory duties such as those set out in the Health and Safety at Work etc. Act 1974. Those duties cover everything from training and supervision to the condition of equipment and the way work is planned, and they apply whether you were hurt in a factory, on a construction site, in a warehouse or operating a forklift.

What actually counts as “your fault”?

Employers and insurers often use the word fault loosely. There is a real difference between an honest slip while following the system you were trained in, a mistake caused by inadequate training or supervision, and conduct that is genuinely reckless, such as deliberately ignoring a clear and recent safety instruction.

In our experience working with people who have been hurt at work, most accidents sit somewhere in the middle. A worker rushes because the workload set for the shift was unrealistic. A guard is missing from a machine because maintenance was delayed. Instructions were given once, months earlier, with no refresher since. None of this excuses risk taking on your part, but it does mean your employer is unlikely to be entirely blameless, even if their first reaction is to point the finger back at you.

These sit among the common accidents at work we see time and again, and a closer look at what actually happened usually tells a more balanced story than the first assumption does. It is also worth being clear on a distinction that gets lost quickly. An accident being partly caused by your own actions is legally very different from it being entirely your fault. The law has a specific name for that middle ground.

Contributory negligence: partly at fault does not mean no compensation

If you were partly to blame but your employer’s negligence also played a part, you can usually still claim. Under the Law Reform (Contributory Negligence) Act 1945, your compensation is reduced by a percentage reflecting your share of responsibility, rather than refused altogether. A claim otherwise worth £40,000 with a 25% contributory negligence finding would typically be settled at £30,000.

This usually surfaces once you have already reported the accident and a claim is underway. Your solicitor sends a letter setting out what happened and who is responsible. The employer’s insurer then has to respond, and broadly has three options: accept full responsibility, reject the claim and provide reasons, or accept partial responsibility while arguing you should shoulder some of the blame too. You can read more about how the personal injury claim process works from that point.

There is no fixed formula for working out the reduction. It depends on how much your actions contributed to the accident happening at all, or to how serious your injuries turned out to be. The ranges below give a general sense of how this can play out in practice, though every case is judged on its own facts.

These figures are illustrative rather than guaranteed outcomes. A court, or an insurer negotiating a settlement, weighs what is fair given everything that happened, not just one factor taken in isolation.

Why your employer or their insurer might say it was your fault

It is worth being a little sceptical of an early, informal verdict from your employer or their insurer. An insurer has a straightforward financial interest in reducing or avoiding a payout, and raising contributory negligence, or denying liability outright, is a common opening position rather than a final legal conclusion. Your employer, meanwhile, may genuinely believe the accident was your fault, particularly if accepting otherwise means admitting a gap in their own training or safety systems.

This is one of the more persistent personal injury claims myths: the idea that being told you were at fault settles the matter. It does not. One of the most common mistakes people make with a work accident claim is accepting that verdict at face value and not pursuing things further, when an independent look at the training records, maintenance logs or witness accounts might tell a different story.

What to do if you are told the accident was your fault

A few practical steps make a real difference to how your position looks later, whatever the eventual split of responsibility turns out to be.

1. Report the accident promptly and accurately, and make sure it goes in the accident book. For certain serious injuries, your employer may also have a legal duty to notify the Health and Safety Executive under RIDDOR, regardless of who was at fault.
2. Stick to the facts when you give your account. Do not speculate about who was to blame, and do not sign anything an insurer sends you without getting advice first.
3. Gather what evidence you can. Photos, witness contact details and CCTV footage tend to disappear or get overwritten quickly, so acting early matters.
4. Keep a record of any time off, medical appointments and lost income, since this becomes part of your evidence for a loss of earnings claim later on.
5. Be straightforward about your own role in the accident from the outset. Understating it can be used against your credibility later, and our note on fundamental dishonesty in personal injury claims explains why that risk is worth taking seriously.
6. Speak to a solicitor early. Many firms, including ours, work on a no win no fee basis, so getting advice at this stage costs you nothing upfront.

Could you be disciplined or dismissed?

A compensation claim and a disciplinary process are two separate things, even though they can run alongside each other. Your employer can still investigate the accident and, in serious cases, take disciplinary action if your conduct amounted to genuine misconduct or gross negligence. An honest mistake made while following normal procedure is a different matter, and a fair employer should follow a proper process rather than jumping straight to a warning or dismissal.

If you are worried about your job on top of everything else, it is worth reading about your broader rights after an accident at work, and specifically whether you can be sacked after an accident at work that was partly or mainly down to you. Being at fault for an accident does not, on its own, give your employer a free pass to dismiss you unfairly.

How long do you have to make a claim?

You generally have three years from the date of the accident to start court proceedings, under section 11 of the Limitation Act 1980. This deadline is strict. Miss it, and your claim is very likely to become statute barred, meaning the court can refuse to hear it at all, regardless of how strong the case would otherwise have been, and regardless of who was ultimately at fault.

There are some exceptions. If you were under 18 at the time of the accident, the three years does not usually start running until your eighteenth birthday. If you lack the mental capacity to bring a claim yourself, the clock may not run unless capacity is regained. You can find more detail on how long you have to claim after an accident at work here.

Because working out fault, and any contributory negligence argument, can take time to unpick properly, with witness statements, training records and expert evidence all needing to be gathered, it is worth getting advice well before that deadline rather than close to it.

Frequently asked questions

A few of the questions we are asked most often on this subject, gathered here for a quick answer.

Can I claim compensation if I was partly to blame for an accident at work?

Yes, in many cases. Your compensation will usually be reduced to reflect your share of responsibility rather than refused outright, provided your employer’s negligence contributed in some way too.

What is contributory negligence?

It is the legal principle that lets a court, or an insurer settling out of court, reduce your compensation by a percentage to reflect your own part in causing an accident or worsening your injuries, without defeating your claim entirely.

Can my employer discipline me for an accident that was my fault?

Possibly, if the accident involved genuine misconduct or gross negligence, though they must follow a fair process. An honest mistake made while following normal procedure is unlikely to justify serious disciplinary action, and it does not automatically rule out a compensation claim either.

Do I have to admit fault when I report the accident?

You should be accurate and complete about what happened, including your own actions, rather than trying to hide or downplay your part in it. Being straightforward protects your credibility later on. That is a very different thing from formally accepting legal liability, which is a decision for the insurers and, if necessary, the court.

What if I need money while my claim is being sorted out?

This is separate from your compensation claim. If you are off work because of your injury, you may be entitled to Statutory Sick Pay, currently up to £123.25 a week, or 80% of your average weekly earnings if lower, for up to 28 weeks. Your solicitor can also advise whether an interim payment may be possible once liability is clearer.

How long do I have to bring a claim?

Generally three years from the date of the accident, with exceptions for children and people who lack the mental capacity to claim for themselves, as set out above.

Talk to Mark Reynolds Solicitors

Being told an accident was your fault is not the end of the road, and it should not stop you getting proper advice. We offer a free, no obligation conversation to look at what actually happened, not just what you have been told, and we act on a no win no fee basis so there is no financial risk in finding out where you stand. Read more on the steps involved in making a work accident claim, or contact our team today to talk through what happened. We have offices in Liverpool, Leigh, Runcorn and Warrington, and we are happy to have that conversation whenever you are ready.

Being involved in a road traffic accident can be both scary and upsetting. 

Whether it’s a minor bump or a more serious collision, you may feel shaken, confused, or unsure what you should do at the scene of the accident.

However, the steps you take after a road traffic accident can make a significant difference to the outcome of your safety, wellbeing, and any future insurance or legal claims.

That’s why it’s so important that you know what steps you should take if you’re ever in a car accident. 

Being informed will help you stay calm, protect your legal position, and make sure you have all the information and evidence you need if you decide to make a road traffic accident claim.

Here at Mark Reynolds Solicitors, we have helped countless people from Liverpool, Warrington, Runcorn, and the surrounding areas to successfully claim compensation for all types of road traffic accidents, including whiplash claims and accidents involving bicycles and motorcycles.

In this step-by-step guide, we’ll provide clear and practical advice on what steps you should take both at the scene of the accident and after the event to protect your legal position.

What to do after a car accident UK (step-by-step)

The moments after a road traffic accident can feel chaotic, but it’s important to stay calm. 

We’ve created a step-by-step guide that will help you to keep everyone involved safe and gather the information needed to make a road traffic accident claim.

Step 1: Pull over and stop

In the UK, you’re legally required to pull over and stop if you are involved in a collision or any other type of road traffic accident. 

Pull over as soon as it is safe to do so, switch off your engine, and turn on your hazard lights to warn other road users of the obstruction.

Step 2: Make sure everyone is safe and seek medical help if needed

Once you have stopped safely, you should check that everyone is ok. 

This includes yourself, your passengers, people in other vehicles, pedestrians, cyclists, and any animals involved in the accident. 

If anyone is seriously injured, call 999 and ask for an ambulance immediately.

Step 3: Don’t admit or place blame

Being involved in a road traffic accident is stressful and upsetting, and emotions are likely to be running high. 

You should avoid discussing who is to blame for the accident and instead keep conversations calm, polite and factual. 

Avoid apologising or admitting fault, even if you believe you may have caused the accident. 

It’s up to your insurer or solicitor to determine who is liable for the accident, not you.

Step 4: Exchange details with any other drivers involved

To make a road traffic accident claim, you’ll need the insurance details for any other drivers involved in the accident. 

You should exchange names, telephone numbers, vehicle registration numbers, and addresses with everyone involved. 

Drivers are required by law to share these details, and refusing to do so is a crime.

Step 5: Take photos and make notes

The more evidence you can gather, the stronger your compensation case will be. 

Useful evidence that you can gather at the scene of a road traffic accident includes:

• Photos of the accident scene
• Photos of any vehicle damage
• Photos of injuries
• Registration numbers of the vehicles involved
• Notes on weather conditions, road layout, and traffic signals

Step 6: Get witness details

If anyone witnessed the accident, ask to take their names and contact details. 

Your insurer or solicitor may want to contact them in the future to request a witness statement if they think it will help your case.

Step 7: Report the accident to the police

Road traffic accidents should be reported to the police if any of the following apply:

• You were unable to exchange details with the other people involved
• Someone was injured
• You suspect the other person may have committed a driving offence

Most police forces in the UK have an online service for reporting road traffic accidents.

Step 8: Notify your insurer and/or contact a solicitor

You should notify your insurer of the accident, even if you don’t plan to make a claim through your insurance. 

Check the terms of your policy and then report the incident, providing clear and accurate information about what happened as well as any evidence gathered at the scene of the accident. 

Your insurer will then determine liability based on the evidence they receive. 

Your insurer can help you to quickly claim compensation for straightforward claims, like minor bumps and simple vehicle repairs. 

However, for more complicated cases involving physical injuries, lost earnings, ongoing medical treatment, or other significant financial losses, it is best to seek specialist legal advice. 

A road traffic accident solicitor Liverpool can help you to understand your rights and pursue the maximum compensation that you’re entitled to claim.

Contact Mark Reynolds Solicitors to claim compensation for a road traffic accident

At Mark Reynolds Solicitors, we can help you claim compensation for a wide range of different road traffic accident claims, including:

• Whiplash claims
• Back and spinal injuries
• Head and brain injuries
• Broken bones and fractures
• Cycling accidents
• Motorcycle accidents
• Accidents involving pedestrians
• Cases involving uninsured or untraced drivers
• Cases involving children

You may be entitled to make a road traffic accident claim if you have been injured in a road traffic accident that wasn’t your fault. 

In some cases, you may still be able to make a claim even if you were partly responsible for the accident.

If you’re not sure whether you have grounds to make a claim, give our team a call on 0800 002 9577 to arrange a free initial consultation during which we will listen to the details of your accident, explain your legal options clearly, and advise you on whether you are eligible to claim compensation.

We operate on a no-win, no-fee basis, meaning you don’t need to pay us anything unless we successfully claim compensation on your behalf. Read our road traffic accident claims testimonials online.

Contact Mark Reynolds Solicitors today to start your no-win, no-fee road traffic accident claim. 

Whiplash, caused by a road traffic accident, is one of the most common injuries for which people can claim compensation.

Indeed, according to a report by the Association of British Insurers (ABI), more than 1,500 whiplash claims are made in the UK every day!

If you think you may have a case to make a personal injury claim for whiplash, you’re probably wondering how much compensation you are entitled to.

At Mark Reynolds Solicitors, we have a team of personal injury solicitors who specialise in no-win no-fee whiplash claims and have helped thousands of people in Liverpool, Runcorn, Widnes, Warrington, and the surrounding areas to claim the compensation they deserve.

What is a whiplash claim?

Whiplash is a neck injury caused by the head suddenly being forcefully whipped forwards and then backwards. 

It’s often caused by car accidents, but can also be caused by contact sports, physical assault, or even a slip or a fall.

If you have whiplash, you may have sprained the muscles or ligaments in your neck, shoulders, and upper back, causing pain, stiffness, and restricted movement.

It is usually a temporary condition, but depending on the severity of the injury, it can take anything from days to years for the symptoms to fully disappear.

How do you claim for whiplash?

To make a successful whiplash claim, you must be able to provide medical evidence of your injuries, like a doctor’s report. 

You must also be able to prove that the accident that caused your injury was not your fault.

Useful evidence may include:

• Details of the accident
• Contact details for the person who caused your injury
• Police reference numbers and/or crime reports
• Your insurance provider’s details
• Evidence of the accident (photos or witness statements)
• A formal medical report
• Proof of any financial losses you’ve suffered as a result

There are two ways to make a whiplash claim. 

You can either submit your claim independently through the Official Injury Claim Portal, or instruct a solicitor to handle the claim on your behalf.

The OIC Portal is designed to handle simple, low-value road traffic accident claims. You may only use it to submit a claim independently if you meet certain eligibility criteria.

Most people prefer to use a specialist solicitor, like Mark Reynolds Solicitors, to help them navigate the claims process, even if they’re eligible to use the OIC Portal.

Gathering evidence and dealing with insurers can be time-consuming and overwhelming, particularly when recovering from an injury. 

A solicitor can provide expert advice and support throughout the process, helping to ensure that you secure the maximum compensation you are entitled to.

What is the Official Injury Claim Portal and why was it introduced?

The Official Injury Claim Portal (OIC) is an online portal operated by the Motor Insurance Bureau (MIB) on behalf of the government. 

It was introduced as part of the government’s whiplash reforms to help people in England and Wales to submit their own claims for minor, low-value road traffic accidents. 

It’s designed to help reduce fraudulent claims, simplify the claims process, and reduce legal costs.

However, the vast majority of claims made through the OIC are still made with professional legal representation; only a very small percentage are unrepresented.

Which whiplash claims fall outside the Official Injury Claim Portal?

The OIC Portal can only be used by claimants making uncomplicated, low-value claims. 

You cannot make a whiplash claim through the OIC if any of the following apply:

• You were a vulnerable road user (pedestrian, motorcyclist, cyclist, or horse rider)
• The value of your injuries exceeds £5,000
• You were injured in a hit and run
• You were injured by someone driving a foreign-registered vehicle
• The injured person is a child or “protected party”

If your claim falls into one of these categories, or if you would prefer professional support with your claim, contact Mark Reynolds Solicitors’ whiplash claims department to arrange a free initial consultation.

What is the Whiplash Compensation Tariff UK?

The Whiplash Compensation Tariff was introduced alongside the Official Injury Claim Portal under the Whiplash Injury Regulations 2021. 

The tariff sets out a fixed scale of compensation payouts for whiplash injuries from road traffic accidents lasting up to two years. 

The Government introduced the tariff to help cut overall whiplash claim costs, reduce costs for the insurance industry, and pass these savings on to motorists. 

The original tariff introduced in 2021 was officially updated in May 2025. 

All compensation amounts were increased by about 15% to account for inflation since 2021.

How much compensation can you claim for whiplash?

The amount of compensation you can claim for whiplash depends on how long the injury is expected to last.

The current tariff can be found within The Whiplash Injury (Amendment) Regulations 2025.  

Below is the whiplash claim value 2025 tariff for whiplash claims made on or after 31 May 2025.

Source: The Official Injury Claim Portal.

Disclaimer: This tariff is correct as of June 2026.

These figures only apply to whiplash claims that fall within the Official Injury Claim Portal. If your injuries are valued at more than £5,000 or your claim falls outside of the OIC Portal, you may be entitled to higher compensation.

Make a no-win, no-fee whiplash claim with Mark Reynolds Solicitors

If you’ve suffered whiplash after a road traffic accident, our team of whiplash solicitors here at Mark Reynolds Solicitors can help you to secure the maximum compensation that you’re entitled to.

We provide clear, straightforward legal advice, helping you to gather evidence and build a strong case. It’s fast, stress-free, and our no-win, no-fee service means that you won’t pay any legal fees unless your whiplash claim is successful.
To arrange a free initial consultation, contact us today by calling 0800 002 9577.

From sharing details of your case on social media sites to failing to enlist legal support from the start, there are several common pitfalls that can seriously undermine your accident-at-work claim and reduce your chances of receiving the compensation you deserve.

Making an accident at work claim: The seven mistakes to avoid

1. Failing to report an injury immediately

Unsure whether you should report an injury or illness at work? Regardless of the size or severity of the issue, delaying this process can make your accident-at-work claim more complex.

Prompt reporting is key to collecting strong evidence in the form of CCTV footage, witness statements, and accurate medical and accident book records. Failing to report the injury immediately will only weaken your credibility and make it harder to prove the employer’s negligence.

2. Not seeking prompt medical attention

One of the key features of a successful accident-at-work claim is being able to prove both the cause and extent of your injuries. Without prompt medical attention, it can be harder to argue that your injury or illness was caused by the workplace incident or wasn’t made worse by your own actions.

3. Underreporting the severity of an injury

After sustaining a workplace injury, you may feel pressured by your employer, colleagues, or even family to “put on a brave face” and downplay its severity.

However, doing so can lead to difficulties establishing the true extent of the injury and even undermine your credibility, resulting in a longer and more complex claim process, or a reduced compensation payout.

4. Lack of proper (and essential) documentation

An important piece of evidence, documentation can strengthen your claim by ensuring it’s not just your word versus your employer’s.

Accurate records, including entries in the company’s accident book and medical reports, alongside witness statements and training logs, all help to establish exactly what happened and secure fair compensation.

5. Failing to keep follow-up medical appointments

Determining the full extent of your injury is key to securing the appropriate amount of compensation. Missing medical appointments makes it harder to establish the full impact of the injury such as how long it takes you to recover and whether you experience any long-term effects.

6. Talking about your compensation claim on social media

All personal injury solicitors strongly advise staying off social media until your accident at work claim is resolved, but why?

Because insurers can use your posts, comments, photos, and videos (as well as those shared by your friends and family) to cast doubt on your claim and undermine your credibility – especially if you’re shown saying or doing an activity inconsistent with your claimed injuries.

7. Not consulting a legal or claims professional

With specialist knowledge and experience, a legal or claims professional can be invaluable in helping you gather evidence, calculate the compensation you’re entitled to, and ensure all relevant documentation is completed both accurately and on time.

How Mark Reynolds Solicitors can assist with your accident at work claim

Suffered from a minor and inconvenient injury or severe and life-changing illness due to an accident at work? Talk to our helpful and compassionate personal injury solicitors today.

Whether you want to be recompensed for lost earnings or aren’t sure what your next step should be, we take the time to understand your story and ensure you receive the necessary support to recover from your injury or illness.

Informed by our specialist employment law department, our team provides clear and reliable advice in plain English throughout your claim, keeping you informed about every step of the way.

To start your accident at work claim, simply give us a call on 0800 002 9577.

Alternatively, enter your details into our online contact form and we’ll be in touch shortly to learn more.

Seeking clarity on the personal injury claim process in the UK?

With an exceptional reputation for providing professional legal advice and representation for individuals with a personal injury claim, you can rely on our expert team of solicitors to point you in the right direction.

What is a personal injury claim?

A personal injury claim refers to the legal action of seeking compensation for the physical or psychological harm and losses that an individual has suffered as a result of negligence or an accident that was not their fault.

It seeks compensation not only for the harm caused by the injury itself, but also any related losses and expenses incurred by the process. For example, the defendant may be required to cover some or all of the claimant’s legal costs.

Whether the accident occurred in the home, at work, or on holiday, personal injury claims are common for accidents related to:

• Road traffic accidents
• Criminal offences, such as assault
• Accidents at work, such as falls
• Public space accidents
• Medical negligence
• Faulty goods or services
• Animal incidents, such dog bites

Who can make a personal injury claim?

Crucially, individuals that are eligible to make a personal injury claim must have suffered harm as a result of either an accident or negligence. For example, if your employer was careless with abiding by health and safety regulations and you suffer a physical injury, you could have a personal injury claim.

Similarly, if no one is at fault or it couldn’t have reasonably been predicted the accident would happen, then it’s not possible to claim compensation.

How long does a personal injury claim take?

A personal injury claim can take anywhere between a few months to several years to be resolved, but according to the Legal Ombudsman, most claims are settled between 12 and 24 months.

A variety of factors including the complexity of the case, severity of the injuries, and whether the other party admits liability will all have an impact on the claim timeline.

Plus, it’s often advisable to settle a personal injury claim only after you’ve recovered or have received a firm prognosis from a medical expert.

As a result, how long it takes you to recover or receive a prognosis will also have a significant impact on the length of your claim.

This is where speaking to an experienced personal injury solicitor can help you to set realistic expectations regarding the claims process.

At Mark Reynolds Solicitors, we’ll take the time to understand your case and advise how long the claims process is likely to take for you.

What to expect during the personal injury claim process

1. Solicitor consultation

The first step to making a claim is contacting an experienced personal injury solicitor near you, like Mark Reynolds. After assessing your case and its validity, they’ll start the process on your behalf.

2. Evidence collection

From photographs, videos, and CCTV footage, to witness statements, accidents reports, and medical records, there’s a wide range of evidence-related documentation that must be collected to support your claim.

Gathering this evidence is essential for proving that the accident or someone’s negligence was the cause your injury – the basis that your personal injury claim heavily relies upon.

3. Letter of Claim

Also known as a Letter Before Action, this document is sent by the claimant’s solicitor to the individual or entity against whom the personal injury claim is made, informing them of the claim, the desired compensation, and the potential consequences of failing to respond or settle the dispute.

4. Defendant’s response

After receiving the Letter of Claim, the defendant typically has a 21-day period to acknowledge it and three months to fully investigate and respond, ultimately admitting or denying liability for the personal injury or asking for more information about the claim.

5. Medical assessment

Typically conducted by an independent medical expert, a medical assessment and report is crucial for establish the extent and impact of the injuries, their relation to the accident, and the value of your personal injury claim.

6. Negotiation

To settle the claim, your solicitor should negotiate on your behalf with the other party or their insurer. This process tends to involve a series of compensation offers and counteroffers until anagreement is reached.

7. Litigation

Though not always necessary, if a settlement can’t be reached, your next step should be seeking legal representation for court proceedings. This is where both sides present their case, and a judge determines liability and the amount of compensation in line with the evidence.

What evidence can help to strengthen your case?

To increase the chances of winning your personal injury claim, you should prioritise gathering evidence that demonstrates the other party’s negligence, the severity of your injuries, and the extent of your financial losses.

Examples of evidence that demonstrates:

Negligence

• CCTV footage
• Witness statements
• Accident reports

The extent of your injuries

• Medical records – A&E and GP visits, specialist appointments, etc.
• Photographs of injuries
• Medical reports
• Accident book entries

Your financial losses

• Payslips, employment contracts, and P60s
• Bills for treatment, medications, and home modifications

No-win, no-fee legal support

At Mark Reynolds Solicitors, we make understanding the personal injury claims process straightforward.

With specialist legal advice from our attorneys, we can help you to smoothly navigate the complexities of the process, increase your potential compensation, and keep you on track to meet critical legal deadlines.

We also operate on a no-win no-fee basis for personal injury, which means you don’t pay a penny if you’re not awarded compensation – regardless of whether it’s the result of a road traffic accident, medical negligence, or faulty goods.

On the lookout for a local, Warrington personal injury solicitor? With offices in Liverpool, Leigh, Runcorn, and Warrington, our team is conveniently located to support prospective clients across much of the North West of England.

From negotiation to legal representation in a court environment, why not speak to our highly experienced team today to find out how we can help you receive the compensation you’re entitled to?

Start the conversation by calling 0800 002 9577 or filling out our online contact form.

FAQs

When does negotiation take place and who handles it?

Negotiation is often the last stage of the personal injury claim process in the UK (unless court proceedings are required). Your solicitor will handle this process on your behalf, liaising with the defendant’s insurer or solicitor to reach a fair agreement without going to court.

Both parties will take into consideration the injuries, losses, and expenses of the claimant when making their offers and counteroffers.

How are injuries assessed and who is responsible for the medical report?

The claimant’s injuries are typically assessed by an independent medical expert (often a doctor or specialist depending on the type of injury). It is their responsibility to create a report that outlines the extent of the injuries and the impact they’ve had on the claimant.

An objective piece of evidence, the medical report is vital for supporting any personal injury claim as it can be used to calculate the appropriate level of compensation – especially if the case ends in litigation.

In some cases, more than one report may be required and you might need to seek several medical opinions. To ensure you receive all the compensation you’re entitled to, it’s often beneficial to settle your claim after you’ve made a full recovery or have a firm medical prognosis.

The claimant’s solicitor is normally responsible for arranging and paying for the medical assessment. However, this cost is often recovered from the defendant if the claimant wins their case.

Keeping track of all expenses related to your personal injury claim is therefore essential to ensuring you receive sufficient compensation.

How much compensation can you receive for personal injury in the UK?

Personal injury compensation varies from case to case, impacted by factors like the extent and type of injury, its impact on the claimant’s life, and the expenses incurred. As a result, you can receive anywhere from £1000 to hundreds of thousands or even millions.

Typically, the more severe your injury and its repercussions, the more compensation you’re likely to receive. For example, general damages for a simple nose fracture tend to amount to £2,260-£3,330, severe back injuries are assessed according to their severity, with current Judicial College Guidelines brackets ranging from approximately £51,230 to £212,670.

Fortunately, an experienced personal injury solicitor can help you to gain a more accurate idea of how much compensation you’re likely to receive for your claim by discussing your specific case.

Looking for Liverpool personal injury compensation? Talk to the helpful team of solicitors at Mark Reynolds today.

When will you receive any compensation award?

Determining when your personal injury compensation will be paid is dependent on whether you reached a settlement in or outside of court.

For personal injury claims settled outside of court during the negotiation stage, you should receive payment within 14 days of the settlement agreement.

For cases where court judgement is needed to resolve the claim, the compensation is often required within 21 days from the date of the court order. 

Employers have a legal duty of care to protect their employees’ health and safety.

But unfortunately, accidents do still happen.

If you’ve been injured after an accident at work, you may be able to claim compensation to help you recover lost income, pay for medical treatment, and ease any financial strain while you’re recovering.

If you’d like to speak to a member of our team about your accident, then you can give us a call on 0800 002 9577 to arrange a free initial consultation.

What should you do straight away if you have an accident at work?

If you have an accident at work, no matter how big or small, the first thing to do is look after yourself by seeking professional medical help.

This ensures you receive the correct treatment for your injury and also creates a medical record of the accident, which can be used later as evidence.

Other key steps to take after an accident at work include:

• Report the accident to your employer: Inform your superior or line manager
• Take photographs: Take photographs of your injury and any relevant hazards
• Record the accident in the accident book: All employers are required by law to keep an accident book
• Identify witnesses: Record witness names and contact details

Am I eligible to claim for compensation after an injury at work?

Your employer has a legal duty to ensure you’re safe at work and comply with all relevant health and safety regulations, including the Health and Safety at Work etc Act 1974.

This means that they must:

• Ensure you receive proper training
• Provide you with suitable PPE
• Undertake regular risk assessments
• Provide a safe working environment

If someone else’s negligence caused your accident, whether that’s your employer, a colleague, or a third party, then you may be eligible to claim work injury compensation.

Even if you were partially at fault, you may be eligible to make a workplace injury claim.

The standard time limit for work injury claims is three years from the date that you were injured, although there are some exceptions to this rule.

If you’re unsure about your eligibility, it’s worth giving our team a call to discuss your case in more detail.

What evidence do I need to strengthen my case for a work accident claim?

The more evidence you can provide, the stronger your case and the more likely your workplace accident claim will be successful.

Useful evidence to collect includes:

• Accident report
• Medical records
• Photographs
• Witness statements
• CCTV footage
• Proof of losses and expenses
• Workplace safety records
• Personal diary post-accident

When should I contact a personal injury solicitor?

If you’re recovering from shock and physical injuries after a workplace accident, making an injury at work claim for compensation might not be your immediate priority.

However, if you contact a personal injury solicitor as soon as possible, they can get to work building you a strong case for compensation while you focus on your recovery.

A specialist personal injury solicitor can take care of the process for you.

They will assist with gathering evidence and witness accounts and build a strong and professional case on your behalf, ensuring you get the best possible outcome from your accident at work claim.

Why choose Mark Reynolds Solicitors for injury at work claims?

Here at Mark Reynolds Solicitors, we understand that making a work injury claim can feel daunting.

Whether you’ve slipped on a wet surface, fallen from a height, or been injured by faulty machinery, our compassionate team can help you build a strong case for accident at work compensation.

Our personal injury solicitors handle every case with discretion and sensitivity, guiding you through the process step by step, working hard to secure the best possible outcome for you.

To learn more about the process, or to request a free initial consultation, call us today by dialling 0800 002 9577.

Nobody expects to be injured while working, but accidents do happen – even inside organisations following strict health and safety procedures.

UK law requires employers to protect their employees from harm by providing a safe working environment where steps are taken to minimise risks.

When accidents occur, the law provides support for those who have been injured.

In this article, we’ll explain your rights if you suffer a workplace injury and how to ensure you get the help you’re entitled to.

What are your rights after a workplace accident?

Everyone has a right to a safe workplace.

If you’re injured after an accident while working, then it’s important to know what your rights are and the steps to take next.

According to UK law, if you’re injured at work, then you have the right:

• To receive medical attention
• To record the accident at work
• To take time off to recover
• To sick pay
• To claim for compensation
• To fair treatment after reporting an accident
• To request reasonable adjustments to help you return to work

Knowing your rights and taking proactive action after suffering an injury at work can help you access the support and compensation you need to get your life back on track.

Your right to medical attention

After an accident at work, you have the right to receive the appropriate medical attention immediately afterwards.

Depending on the severity of your injury, this could involve first aid at work, emergency medical treatment at your doctor’s office or the hospital, and time off work to attend any medical appointments.

Your right to record the accident at work

If you have an accident at work, you must record as much information as possible about the incident to ensure you have evidence if you need to claim sick pay or personal injury compensation.

Your employer is required by law to keep a record of all workplace accidents and injuries.

Other evidence that can be useful to gather includes photographs of your injury, names and contact details of witnesses, and written notes on what happened.

Your right to time off work and sick pay

If you sustain an injury at work that means you need time off to recover, or that prevents you from carrying out your role, you may be entitled to time off in addition to sick pay.

If you meet the eligibility criteria, then you may be able to claim statutory sick pay for up to 28 weeks. You should also check your employment contract to see whether your employer offers contractual sick pay.

If so, this can be used to supplement your statutory sick pay.

Your right to fair treatment after reporting an accident

It’s against the law for your employer to dismiss you from your role, or treat you unfairly, because you’ve raised a safety concern or made a compensation claim.

After you’ve recovered from an accident, you have the right to return to your role, provided you’re well enough to do so.

Your right to claim compensation

Sustaining an injury at work and having to take time off to recover can cause significant financial strain.

You could face costs such as medical treatment, equipment required to aid your recovery, transportation to and from hospital appointments, and loss of income.

If you believe that your employer’s negligence caused your accident at work, then you have the right to claim personal injury compensation to recoup some of these expenses.

Your right to request reasonable adjustments to help you return to work

If your accident caused you long-term physical or mental limitations, then you have the right to request that your employer make reasonable adjustments in the workplace to accommodate your new needs and help you to carry out your role both safely and comfortably.

Examples of reasonable adjustments include modified duties, flexible working hours, specialist equipment, or changes to your workstation.

Making a personal injury claim with Mark Reynolds Solicitors

All employers have a legal duty of care to look after their employees’ health and safety by assessing and managing risk to maintain a safe working environment.

At Mark Reynolds Solicitors, we’ve helped countless people to successfully claim compensation after having an accident at work.

If you have suffered injury or illness caused by your employer’s negligence, you may be able to make a claim.

A successful compensation claim can help you recover some of the money you have lost as a result of the accident, helping you to get your life back on track and gain some closure on an upsetting incident.

We understand that making a claim can feel daunting but it’s important to remember that you’re claiming against your employer’s insurance policy, not their business finances.

It’s also against the law for your employer to treat you unfairly for exercising your right to make a claim.

Our team of experienced and compassionate personal injury solicitors handles every case with discretion and sensitivity.

We will guide you through the process step by step, working hard to secure the best possible outcome.

To learn more about the process, or to arrange a free initial consultation, call our team today by dialling 0800 002 9577.