Pre-Action Protocol for Personal Injury Claims
The Pre-Action Protocol for Personal Injury Claims is a structured process that almost every UK personal injury case must follow before court proceedings can begin. Established under the Civil Procedure Rules and updated periodically, the protocol governs the exchange of information between claimant and defendant, sets specific time limits for each stage, and provides the framework that produces the vast majority of out-of-court settlements. Understanding how the protocol works helps you understand why your case is taking the time it is, and what happens at each stage.
In this guide
- Why the Pre-Action Protocol Exists
- When the Pre-Action Protocol Applies
- The Protocol Stages
- Time Limits Throughout the Protocol
- What Happens If the Defendant Does Not Cooperate
- Consequences of Protocol Non-Compliance
- Special Protocol Provisions
- Common Questions About the Pre-Action Protocol
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
This guide explains the pre-action protocol stages, time limits, and what to expect during the protocol period. For low-value RTA cases see also our OIC Portal guide; for clinical negligence see our Pre-Action Protocol for Clinical Disputes guide.
Why the Pre-Action Protocol Exists
The protocol has three main aims:
- To encourage early exchange of information so parties can assess cases properly
- To enable settlement without litigation where possible
- To support efficient case management if proceedings do become necessary
Approximately 95-97 per cent of UK personal injury claims settle without court proceedings — largely because of the protocol structure.
When the Pre-Action Protocol Applies
The Personal Injury Pre-Action Protocol applies to:
- Most fast-track and multi-track personal injury claims
- Claims expected to be valued above the small claims limit
- Claims not covered by specific portals (OIC for whiplash, Pre-Action Protocol for Low Value Personal Injury Claims for other RTAs and EL/PL claims below £25,000)
Cases Outside the Protocol
- OIC Portal cases — different streamlined process
- Low Value PI Portal cases (RTAs £1,000-£25,000, EL/PL £1,000-£25,000) — different streamlined process
- Clinical negligence — own protocol applies
- Industrial disease — adapted protocol
- Catastrophic injury — bespoke protocols
The Protocol Stages
Stage 1 — The Letter of Claim
The claimant’s solicitor sends a “Letter of Claim” to the defendant containing:
- Brief details of the accident
- Clear explanation of why the defendant is alleged to be at fault
- Details of injuries (broadly described — full medical evidence comes later)
- Details of financial losses claimed (general description)
- Confirmation that the protocol is being followed
For RTAs, a copy goes to the defendant’s insurer. For workplace accidents, a copy goes to the employer’s insurer. For public liability, a copy goes to the relevant insurer.
Stage 2 — The 21-Day Acknowledgement
The defendant must acknowledge the letter within 21 working days. The acknowledgement should confirm:
- Receipt of the Letter of Claim
- Insurer details (if not already known)
- Confirmation that investigation is underway
- Any preliminary issues with the claim
Failure to acknowledge within 21 days is a procedural breach — the claimant can typically issue proceedings immediately.
Stage 3 — The 3-Month Investigation Period
Within 3 months of acknowledgement (or 21 days where no acknowledgement was given), the defendant must respond with:
Where the defendant accepts:
- Full liability — for the entire claim
- Primary liability with contributory negligence allegations
- Partial liability for some allegations but not others
Where the defendant denies, they must provide:
- Reasons for the denial
- Specific allegations the defendant disputes
- Documents on which the denial is based
- Witness information if relevant
A bare denial without reasons is a protocol breach.
Stage 4 — Disclosure of Documents
Throughout the protocol period, parties disclose relevant documents:
- Accident reports
- CCTV footage
- Photographs
- Maintenance records (for premises cases)
- Risk assessments (for workplace cases)
- Insurance documents
- Medical records (subject to consent)
Stage 5 — Medical Evidence
The claimant typically obtains medical evidence:
- GP medical records review
- Hospital records
- Independent medical expert report (Joint Medical Expert if liability is admitted)
- Specialist reports for severe injuries
For substantial claims, multiple expert reports may be needed. See our medical evidence in personal injury claims guide.
Stage 6 — Schedule of Loss
The claimant prepares a detailed “Schedule of Loss” itemising:
- General damages (pain, suffering, loss of amenity)
- Past losses (lost earnings, treatment costs, care)
- Future losses (projected lost earnings, future treatment, future care)
- Interest claimed
The defendant prepares a counter-schedule with their valuation. See our special vs general damages guide.
Stage 7 — Settlement Negotiation
Once liability is admitted and quantum (value) is assessed:
- Without prejudice settlement discussions
- Part 36 offers (formal offers with cost consequences)
- Mediation may be considered
- Final settlement typically agreed
Time Limits Throughout the Protocol
Statutory Limitation
The 3-year personal injury limitation runs in parallel with the protocol. Proceedings must be issued within 3 years of the accident (or date of knowledge) — protocol compliance does not extend this limit. See our time limits guide.
Practical Timing
A typical protocol period:
- Letter of Claim — month 1
- Acknowledgement — month 1-2
- Liability decision — month 4-5
- Medical evidence — month 4-9
- Schedule of Loss — month 6-10
- Settlement negotiation — month 9-15
- Conclusion — month 12-18 for typical cases
Severe injury cases or those requiring complex evidence can take longer. See our how long does a claim take guide.
What Happens If the Defendant Does Not Cooperate
No Acknowledgement Within 21 Days
The claimant can typically issue proceedings immediately. Court may consider the defendant’s non-compliance when assessing costs.
No Liability Response Within 3 Months
The claimant can issue proceedings. Cost penalties may apply to the defendant for protocol breach.
Inadequate Investigation Response
Where the defendant’s response is inadequate (bare denial without reasons), the claimant can:
- Press for full response
- Issue proceedings if response is inadequate
- Raise the inadequacy at any later cost hearing
Consequences of Protocol Non-Compliance
For the Defendant
- Cost penalties even if they eventually win
- Interest penalties on damages
- Application for early summary judgment
- Court sanctions for delays
For the Claimant
- Cost penalties for failure to provide adequate information
- Court may not allow late evidence
- Loss of cost recovery for unnecessary procedural steps
Special Protocol Provisions
Industrial Disease Cases
Industrial disease cases follow an adapted protocol allowing longer investigation periods reflecting the complex evidence required (occupational history, exposure analysis).
Catastrophic Injury Cases
For catastrophic injury cases, the parties often agree bespoke pre-action protocols allowing earlier interim payments, structured rehabilitation, and longer evidence-gathering periods. See our catastrophic injury claims guide.
Fatal Cases
Fatal cases follow the standard protocol with specific considerations for dependency calculations and bereavement awards. See our fatal accident compensation guide.
Common Questions About the Pre-Action Protocol
How long does the pre-action protocol take?
Typically 6 to 15 months for straightforward cases. The defendant has up to 3 months to respond on liability, then medical evidence typically takes another 2-6 months. Settlement negotiations can take a further 2-6 months. Complex cases (catastrophic injuries, industrial disease, clinical negligence) take longer. See our how long does a claim take guide.
What happens if the defendant denies liability?
The case can still proceed. Your solicitor will press for full reasons, gather additional evidence, and may issue court proceedings. Many cases that initially face denial of liability settle later — particularly once medical evidence and witness statements are gathered. Settlement with denied liability is common for cases that would be expensive to defend at trial.
Do I need to be involved in the protocol process?
Minimally. Your solicitor handles all protocol correspondence. You will need to: provide initial instructions and history, attend medical examinations, possibly provide witness statements, sign documents periodically, and consider any settlement offers. The day-to-day protocol work is solicitor-led.
What if the defendant’s insurer makes an early settlement offer?
Approach with caution. Early offers — particularly before medical evidence has been gathered — typically underestimate value. Your solicitor will advise whether the offer is reasonable based on the available evidence and likely future evidence. Accepting too early can mean accepting before knowing the full picture. See our should I accept the first offer guide.
What is a Part 36 offer?
A formal offer made under Civil Procedure Rule 36 with specific cost consequences. If a defendant’s Part 36 offer is not beaten at trial, the claimant typically pays the defendant’s costs from the date the offer expired. Part 36 offers from claimants that the defendant fails to beat trigger enhanced cost recovery. Part 36 offers are powerful tools used throughout the protocol period.
When does the protocol end?
When the case settles or court proceedings are issued. Settlement can occur at any stage. Court proceedings can be issued after protocol stages have been completed or where the defendant has failed to comply with protocol requirements. About 95-97 per cent of UK PI cases settle without proceedings being issued.
Related Guides
How Personal Injury Claims Work | Process & FAQs
Pre-Action Protocol for Clinical Disputes
Will My Personal Injury Claim Go to Court?
How Long Does a Personal Injury Claim Take?
Medical Evidence in Personal Injury Claims
Should I Accept the First Compensation Offer?
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