Personal injury law in England and Wales is primarily based on the principles of negligence and statutory duty. An injured person is entitled to compensation where harm has been caused by another party’s breach of a legal duty of care.
As a Turkish-qualified lawyer working in close collaboration with experienced Solicitor Partners in England, we advise and assist members of the Turkish community in pursuing personal injury claims across a range of sectors, including road traffic accidents, workplace accidents, and public liability matters.
This article provides an overview of the relevant legal framework and claims process under English law.
I. Road Traffic Accidents (RTA)
Road traffic accident claims are brought in negligence. A claimant must establish:
- The defendant owed a duty of care
- The duty was breached
- The breach caused injury
- The injury resulted in loss
All road users owe a duty of care to one another. This includes drivers, motorcyclists, cyclists and pedestrians.
Common Breaches
- Excessive speed
- Failure to observe traffic signals
- Dangerous overtaking
- Failure to give way
- Inattentive driving
In some circumstances, liability may be shared (contributory negligence), reducing but not eliminating compensation.
Where the at-fault driver is uninsured or untraced, claims may proceed through the Motor Insurers’ Bureau under the Uninsured Drivers’ Agreement or Untraced Drivers’ Agreement.
A. Cyclist and Pedestrian Claims
Cyclists and pedestrians are considered vulnerable road users. English courts recognise the heightened duty expected of motor vehicle drivers when interacting with such road users.
Typical claims involve:
- Junction collisions
- “Dooring” incidents
- Pedestrian crossing accidents
- Failure to observe blind spots
Damages may include general damages (pain, suffering and loss of amenity) and special damages (financial losses).
B. Motorbike Rider Claims
Motorcyclists often sustain serious orthopaedic or neurological injuries. In such cases, expert medical evidence is crucial to assess:
- Long-term disability
- Future care requirements
- Loss of earning capacity
- Adapted accommodation needs
Complex or high-value claims may involve life expectancy evidence and actuarial calculations.
II. Accidents at Work
Employers owe statutory and common law duties to ensure, so far as reasonably practicable, the health, safety and welfare of employees.
The primary statutory framework includes:
- Health and Safety at Work etc. Act 1974
- Management of Health and Safety at Work Regulations 1999
An employer may be liable where injury results from:
- Inadequate training
- Unsafe systems of work
- Defective equipment
- Failure to provide personal protective equipment
- Failure to conduct risk assessments
Employees are legally protected from unfair dismissal or detriment for pursuing legitimate personal injury claims.
III. Public Liability and Occupiers’ Liability
Individuals injured on commercial or residential premises may bring claims under common law negligence and statutory duties.
The governing statute is the Occupiers’ Liability Act 1957, which imposes a duty on occupiers to take reasonable care to ensure that visitors are reasonably safe.
Examples include:
- Slipping on unmarked wet floors
- Tripping due to defective flooring
- Falling objects in retail premises
- Unsafe staircases
Local authorities may also be liable for highway defects under the Highways Act 1980.
IV. The Assessment of Damages
Compensation in England and Wales is divided into:
1. General Damages
Awarded for pain, suffering and loss of amenity. Judicial guidelines and case law determine valuation ranges.
2. Special Damages
Financial losses directly attributable to the injury, including:
- Past and future loss of earnings
- Medical expenses
- Care and assistance
- Travel costs
- Rehabilitation expenses
In serious injury cases, interim payments may be obtained prior to final settlement.
V. The Claims Process
Most personal injury claims in England and Wales are governed by the relevant Pre-Action Protocols under the Civil Procedure Rules (CPR). The applicable procedure depends on the nature of the accident and the financial value of the claim.
The typical procedural framework is as follows:
1. Initial Consultation and Merits Assessment
The claim begins with a detailed review of:
- Liability prospects
- Causation
- Available evidence
- Limitation considerations
- Quantum (value of the claim)
At this stage, funding arrangements (usually a Conditional Fee Agreement) are formalised.
2. Portal or Pre-Action Stage
The route of the claim depends on the type and value of the case:
(a) Road Traffic Accident Claims Valued up to £5,000 (Injury Damages)
Claims falling within the scope of the Whiplash Reform Programme are commenced via the Official Injury Claim (OIC) Portal.
This applies primarily to:
Drivers and passengers aged 18 or over
Accidents occurring in England and Wales
Soft tissue injury claims within the statutory tariff framework
(b) RTA, Employer’s Liability (EL) and Public Liability (PL) Claims up to £25,000
Where the value of the claim does not exceed £25,000 and falls within the relevant protocol, the claim is commenced through the Ministry of Justice Claims Portal (commonly referred to as the MOJ Portal).
This includes:
- Road Traffic Accidents (non-OIC cases)
- Employer’s Liability claims
- Public Liability claims
The defendant (or its insurer) must respond within the prescribed protocol timetable, confirming whether liability is admitted or denied.
(c) Claims Exceeding £25,000 or Exiting the Portal
Where:
- The value of the claim exceeds £25,000;
- Liability is denied;
- The claim is complex; or
- The matter exits the portal process,
a formal Letter of Claim is served in accordance with the relevant Pre-Action Protocol.
The defendant is then required to investigate and provide a reasoned response within the protocol timeframe.
3. Liability Investigation
During this phase:
- Accident reports are obtained
- Witness statements are secured
- Documentary disclosure is requested
- CCTV or dashcam evidence may be preserved
Liability may be admitted in full, admitted in part (contributory negligence), or denied.
4. Medical Evidence and Expert Reports
Independent medical experts are instructed to prepare medico-legal reports addressing:
- Diagnosis
- Causation
- Prognosis
- Future treatment requirements
In complex or high-value cases, additional experts may be required, including:
- Orthopaedic surgeons
- Neurologists
- Psychiatric experts
- Care and accommodation experts
Employment or forensic accountancy experts
5. Schedule of Loss and Assessment of Damages
Following receipt of medical evidence, the claim is quantified.
(a) General Damages
General damages are assessed separately and relate to:
- Pain
- Suffering
- Loss of amenity (PSLA)
These are valued by reference to:
- The Judicial College Guidelines
- Comparable reported case law
- The severity and prognosis outlined in medical evidence
In road traffic accident cases falling within the Whiplash Reform Programme, statutory tariff provisions may apply.
(b) Special Damages
Special damages represent the claimant’s financial losses arising from the injury and are detailed within a formal Schedule of Loss.
These may include:
- Past loss of earnings
- Future loss of earnings
- Medical and rehabilitation costs
- Care and assistance (gratuitous and professional)
- Travel expenses
- Pension loss
Accommodation adjustments (in serious cases)
The Schedule of Loss provides a structured financial breakdown and forms the basis for negotiation or court assessment.
6. Negotiation and Settlement
The majority of personal injury claims settle through negotiation once medical evidence and financial losses are fully quantified.
In appropriate cases, interim payments may be secured prior to final resolution.
7. Court Proceedings
If settlement cannot be achieved, court proceedings are issued to protect the claimant’s position within the limitation period.
Even after proceedings are commenced, the matter may still settle prior to trial. Only a small proportion of cases proceed to a full hearing.
VI. Funding – Conditional Fee Agreements
Most claims are conducted under a Conditional Fee Agreement (CFA), commonly referred to as “No Win, No Fee”.
Under this arrangement:
- There are no upfront legal fees
- Legal fees are payable only if the claim succeeds
- The success fee is subject to statutory limits
After-the-event (ATE) insurance may be arranged to protect against adverse costs risks.
VII. Limitation Period
Under the Limitation Act 1980, court proceedings must generally be issued within three years from:
- The date of the accident; or
- The date of knowledge of the injury
Different limitation rules apply to minors and protected parties.
Failure to comply with limitation periods may result in the claim being statute-barred.
Legal Support for the Turkish Community in England
Members of the Turkish community often prefer to receive advice in their native language, particularly when dealing with complex legal matters and serious injuries.
By combining:
- Turkish legal background
- Close cooperation with regulated UK Solicitor Partners
- In-depth knowledge of English personal injury law
We ensure that clients receive clear, structured and legally robust representation.