Compensation after an accident or injury
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1. Write a letter, complain or try mediation
You can get compensation by taking legal action, but it could cost you money and you may not win your case against the person or organisation to blame.
Writing a letter or making a complaint
If it’s not a serious injury, you may be able to solve the issue by writing a letter or making a complaint - use the complaints procedure if there is one.
Explain what went wrong and tell them how much compensation you want or how they can make up for the injury.
Using mediation
You might be able to negotiate a settlement using mediation. This is when an impartial professional (the mediator) helps both sides work out an agreement. It’s confidential and usually quicker and cheaper than going to court.
2. Check your insurance policies
You may already have insurance to pay for the legal costs of making a claim for compensation. You can:
- check your insurance policies (such as motor, home contents or holiday insurance policies) to see if they include ‘legal expenses insurance’
- check if you have legal cover as a member of a trade union, or an organisation like the RAC or the AA
Policies normally only cover you for some types of legal problem and have other terms and conditions.
‘After the event’ insurance
If you’re not insured, you could take out insurance after the incident to protect yourself against a large legal bill.
A solicitor can help you choose an ‘after-the-event’ insurance policy and may take it out on your behalf.
If you win, you may be able to get some of the costs back from the losing side.
Some insurance companies will not insure you if they think you’re unlikely to succeed, and some policies are very expensive.
3. Using a solicitor or a claims company
You cannot usually get legal aid for personal injury cases.
A solicitor should advise you on costs before you agree to hire them.
Get advice from Citizens Advice on what’s involved in taking legal action and how much it will cost you.
Claims companies
Businesses known as claims companies can help you find a solicitor.
Most claims handlers are not solicitors, and so will not be able to represent you in court.
‘No win, no fee’ deals
If you use a ‘no win, no fee’ agreement, you will only have to pay the solicitor’s fee if you win the case.
You may still have to pay for some other costs, like:
- fees to pay for experts
- court fees
- travelling expenses
If you lose, you will also have to pay for:
- the other side’s legal costs
- other expenses and charges, such as fees for witnesses
The solicitor may charge a fee for winning the case.