What does a personal injury solicitor do? no win no fee how to choose a personal injury solicitor personal injury claims process types of personal injury claims solicitors vs claims management companies

Personal injury solicitors are lawyers who help people pursue compensation after an accident or injury. Their work includes advising you on whether you may have a claim, gathering evidence, negotiating with insurers or the other side's representatives, and taking cases to court when settlement cannot be reached. In England and Wales, Scotland, and Northern Ireland, all solicitors must be regulated by their respective professional bodies and comply with strict conduct and cost rules.

This article explains what personal injury solicitors do day-to-day, how they are regulated, how conditional fee agreements work, and the difference between solicitors and unregulated claims companies. The following sections describe the role and regulation of personal injury solicitors primarily in England and Wales; procedures in Scotland and Northern Ireland are covered separately below.

What personal injury solicitors do day-to-day

Initial advice and case assessment

When you first contact a personal injury solicitor, they will ask about the circumstances of your accident, who you believe was at fault, and what injuries or losses you have suffered. The Solicitors Regulation Authority (SRA) requires solicitors to provide clear information about costs and likely outcomes at the outset, so you should receive a written explanation of whether the firm believes you have a reasonable case and what the next steps would be.

Solicitors cannot guarantee that you will win or predict the exact amount of compensation you might receive. Instead, they assess the strength of your case based on the evidence available and their knowledge of similar claims.

Gathering evidence

Once instructed, the solicitor will collect evidence to support your claim. This typically includes:

  • Medical records and reports from your GP or hospital
  • Photographs of the accident scene, your injuries, or damaged property
  • Witness statements from anyone who saw the accident
  • Police or incident reports (for road traffic accidents or workplace injuries)
  • Pay slips, invoices, and receipts to document financial losses

Under the Pre-Action Protocol for Personal Injury Claims in England and Wales, the claimant (the person making the claim) and the defendant (the person or organisation being claimed against) are expected to exchange key information and documents before court proceedings begin. Your solicitor will manage this process on your behalf.

In road traffic accident claims worth less than £5,000, the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents sets out a streamlined online portal procedure. Similarly, low-value employer liability and public liability claims follow their own protocol. Solicitors use these portals to notify insurers, submit evidence, and negotiate settlement without going to court in most cases.

Instructing medical experts

To value the injury element of your claim, you will usually need an independent medical report. The Pre-Action Protocol for Personal Injury Claims encourages the claimant and defendant to agree on a single joint expert where possible, to reduce cost and delay.

Your solicitor will arrange for you to be examined by a suitably qualified doctor or consultant. The expert prepares a report describing your injuries, the treatment you have received, your prognosis, and any ongoing effects on your daily life or ability to work. This report forms the basis for valuing general damages (compensation for pain, suffering, and loss of amenity).

In clinical negligence cases, the Pre-Action Protocol for the Resolution of Clinical Disputes requires additional steps, including giving the NHS trust or private provider an opportunity to investigate the complaint and respond before proceedings are issued. Solicitors specialising in clinical negligence will manage this process and often instruct multiple medical experts to review whether the care fell below an acceptable standard.

Negotiating settlement

Many personal injury claims are settled without going to court.

Your solicitor will correspond with the defendant's insurer or legal team, presenting evidence and arguing for a fair level of compensation. This negotiation may continue over weeks or months, particularly if liability (who was at fault) is disputed or the full extent of your injuries is not yet clear.

If the other side makes an offer, your solicitor will explain whether it is reasonable in light of similar cases and the evidence, but the decision to accept or reject the offer is yours.

Issuing court proceedings

If settlement cannot be reached, your solicitor may recommend starting formal court proceedings. Under the Civil Procedure Rules 1998, rule 2.3, a "personal injuries claim" is defined as a claim for damages in respect of personal injuries to the claimant or any other person, or in respect of a person's death.

Your solicitor will prepare the claim form and particulars of claim (the formal statement of your case), file them with the court, and serve them on the defendant. The defendant then has a set period to respond. After proceedings are issued, cases may continue to settle through further negotiation or mediation.

Representing you in court

If the case proceeds to trial, your solicitor (or a barrister instructed by the solicitor) will present your evidence, examine witnesses, and make legal arguments before a judge. In personal injury cases in England and Wales, trials are usually heard by a judge alone, without a jury.

The judge will decide whether the defendant is liable and, if so, the amount of compensation you should receive. Your solicitor will also handle any post-trial steps, such as enforcing the judgment if the defendant does not pay.

Handling costs and disbursements

Throughout the case, your solicitor will manage costs and disbursements (expenses such as court fees, medical report fees, and expert witness charges). The SRA requires solicitors to keep clients informed about costs as the case progresses.

In England and Wales, if you win your case, the defendant usually pays a substantial part of your legal costs. However, the defendant may not cover all of your solicitor's fees, and any shortfall is typically deducted from your compensation under a conditional fee agreement (explained below).

How personal injury solicitors are regulated

England and Wales

Personal injury solicitors in England and Wales are regulated by the Solicitors Regulation Authority (SRA). The SRA sets and enforces professional standards through the Code of Conduct for Solicitors, which requires solicitors to:

  • Act with independence and integrity
  • Maintain client confidentiality
  • Provide a proper standard of service
  • Avoid conflicts of interest
  • Keep client money separate from the firm's own funds

The SRA's Personal Injury Thematic Review examined 88 personal injury firms and found that while most provided a reasonable service, 13 per cent had inadequate training records and some firms failed to explain costs clearly at the outset.

If you have a complaint about your solicitor that the firm cannot resolve, you can refer the matter to the Legal Ombudsman (for service complaints) or report serious misconduct to the SRA.

Scotland

In Scotland, solicitors are regulated by the Law Society of Scotland. The Legal Profession and Legal Aid (Scotland) Act 2007 sets out the regulatory framework, and the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 governs success fees and other funding arrangements.

Scottish personal injury procedure differs from England and Wales in several respects, including the use of the Court of Session for higher-value claims and sheriff courts for lower-value matters, and different time limits (prescription periods) for starting proceedings.

Northern Ireland

Solicitors in Northern Ireland are regulated by the Law Society of Northern Ireland. The regulatory framework and civil procedure rules are distinct from those in England and Wales, though many principles (such as the requirement for pre-action exchange of information) are similar.

Conditional fee agreements and costs

What is a conditional fee agreement?

Many personal injury solicitors in England and Wales work under conditional fee agreements (CFAs). A CFA is a funding arrangement under which the solicitor receives a basic fee if the case is won, plus a success fee (an uplift on the basic fee) if the claim succeeds. If the claim is unsuccessful, the client generally does not pay the solicitor's basic fees, though they may still be liable for some disbursements or the other side's costs.

Following reforms introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, success fees and insurance premiums are no longer recoverable from the losing side in most cases. Instead, the success fee is deducted from the client's compensation, subject to a statutory cap of 25 per cent of general damages (pain, suffering, and loss of amenity) and past financial losses.

Cost transparency and disclosure

The SRA requires solicitors to provide clear written information about costs at the outset, including:

  • Whether you are entering into a CFA and what the success fee will be
  • What costs you will be responsible for if the claim fails
  • How and when the solicitor's fees and any success fee will be deducted from your compensation

You should receive regular updates on costs as the case progresses. If you are unclear about any aspect of costs, ask your solicitor to explain in writing.

Referral fees

Section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 banned the payment and receipt of referral fees in personal injury cases in England and Wales. This means solicitors and claims management companies cannot pay or receive a fee for introducing a client to another firm.

The ban was introduced to reduce the risk of clients being passed between intermediaries purely for financial gain, rather than to secure the most appropriate legal representation.

Personal injury solicitors vs claims management companies

Solicitors are regulated legal professionals

Only solicitors (and barristers, when instructed by a solicitor) can conduct litigation and represent you in court. A solicitor is defined under the Civil Procedure Rules as a legal representative authorised to carry out reserved legal activities.

Claims management companies

Claims management companies (CMCs) are not solicitors. They may offer to help you pursue a claim, but they cannot provide legal advice or represent you in court. GOV.UK guidance on using a solicitor or a claims company explains the difference and notes that if you use a CMC, the company will typically pass your case to a solicitor at some stage, and you may pay fees to both.

CMCs are regulated by the Financial Conduct Authority (FCA), but the regulatory requirements are different from those that apply to solicitors. If you choose to use a solicitor directly, you avoid the additional layer of intermediary fees.

Fundamental dishonesty and professional duties

Personal injury solicitors are required to act honestly and in the interests of justice. The Criminal Justice and Courts Act 2015 introduced measures to deter fraudulent or fundamentally dishonest personal injury claims, including the power for courts to dismiss claims and order the claimant to pay the defendant's costs if fundamental dishonesty is proved.

The SRA Code of Conduct requires solicitors to refuse to act if a client asks them to pursue a dishonest claim or mislead the court. Solicitors who breach these rules risk disciplinary action, including being struck off the roll of solicitors.

What to expect when instructing a personal injury solicitor

When you contact a solicitor, you should receive:

  • A clear explanation of whether the firm can take your case and on what funding basis
  • Written terms of engagement setting out the scope of work, costs, and your responsibilities
  • Regular updates on the progress of your claim and any key decisions or offers
  • Honest advice about the strengths and weaknesses of your case, without promises about the outcome

You remain in control of key decisions, such as whether to accept a settlement offer or proceed to trial. The solicitor's role is to advise you and carry out the legal work on your behalf, not to make those decisions for you.

Differences across the UK

England and Wales

The procedures and regulations described in the main sections of this article apply in England and Wales. Pre-Action Protocols and the Civil Procedure Rules govern how claims are prepared and progressed.

Scotland

In Scotland, personal injury claims are governed by Scots law, which differs in several important respects:

Scottish solicitors are regulated by the Law Society of Scotland, and the conduct rules and complaints processes differ from those in England and Wales.

Northern Ireland

Northern Ireland has its own legal system and civil procedure rules. Solicitors are regulated by the Law Society of Northern Ireland. The three-year limitation period is similar to that in England and Wales, but procedural steps and court structures differ.

If your accident occurred in one part of the UK but you live in another, speak to a solicitor who can advise on which jurisdiction's law applies and where the claim should be brought.

What this means for you

If you pursue a personal injury claim, many people instruct a solicitor regulated by the SRA (in England and Wales), the Law Society of Scotland, or the Law Society of Northern Ireland. A regulated solicitor can assist with understanding the legal process, gathering evidence, negotiating with insurers, and representing you in court if necessary.

Before instructing a solicitor, ask for written information about costs, success fees, and what will happen if your claim is unsuccessful. You should feel confident that the firm is acting in your interests and keeping you informed at every stage.

You are not obliged to use the first solicitor you contact, and you can seek a second opinion if you are unsure about the advice you receive. If you have concerns about the service your solicitor provides, raise them with the firm first; if the issue is not resolved, you can complain to the Legal Ombudsman or, in cases of serious misconduct, report the matter to the regulator.

Last reviewed: 2026-06-03

Sources

This article provides general information about the law in England and Wales, with additional context for Scotland and Northern Ireland where noted. It is not legal advice. For advice on your specific situation, consult a solicitor regulated by the SRA, the Law Society of Scotland, or the Law Society of Northern Ireland as appropriate.