How to Write a Demand Letter for Personal Injury UK: Your Rights and Next Steps

Before you pay a solicitor, send this letter. It costs you nothing and often settles the matter.

If you have been injured as a result of someone else’s negligence, whether in a road accident, a slip and fall, an accident at work or any other incident where someone owed you a duty of care and failed in it, you do not have to go straight to a solicitor or a claims management company. You have the right to write directly to the person or organisation responsible and formally put them on notice that you intend to claim compensation.

That letter, known as a letter of claim under the Pre-Action Protocol for Personal Injury Claims, is not just a useful first step. In most cases it is a required step before court proceedings can be issued. Many claims are settled at this stage, without litigation, without legal fees and without years of delay. This guide explains exactly what to write, how to structure the letter, what the other side is required to do in response, and what your options are if they ignore it.

What Is the Pre-Action Protocol for Personal Injury Claims?

The Pre-Action Protocol for Personal Injury Claims is a set of rules annexed to the Civil Procedure Rules that governs how personal injury claims must be handled before court proceedings are started. It applies to most personal injury claims in England and Wales, though separate protocols exist for low-value road traffic accident claims and employer’s liability claims below certain thresholds. The protocol is not optional. Courts expect both parties to follow it, and a party who unreasonably fails to do so can be penalised in costs.

The protocol has two main stages before proceedings. First, a letter of notification, which is an early informal heads-up to the defendant that a claim is likely. Second, the formal letter of claim, which sets out the basis of the claim in enough detail for the defendant or their insurer to investigate and assess liability. This guide focuses on the letter of claim, which is the one that carries legal weight and triggers the defendant’s obligations to respond.

Under the protocol, once the defendant receives a letter of claim they must acknowledge it within 21 days. They then have a maximum of three months to investigate the claim and provide a substantive response. That response must state whether liability is admitted or denied, and if denied, must give reasons.

Who to Send the Letter To

Identify the correct defendant before you write. For a road traffic accident, this is usually the driver of the other vehicle, whose insurer will handle the claim. For an accident in a shop, supermarket or public space, it is usually the occupier of the premises. For a workplace accident, it is your employer. For a slip or trip on a public pavement, it may be the local council.

In most cases, particularly for road accidents and employer liability claims, the defendant’s insurer will take over the handling of the claim once the letter is received. Address the letter to the individual or organisation responsible, not to the insurer, and include any reference numbers you have for the insurance policy if you know them.

For road traffic accidents, if you have the other driver’s insurance details from the scene, you can also send a copy to the insurer directly. If you do not have the insurance details, you can search the Motor Insurance Database via the AskMID website using the vehicle registration number.

The Time Limit: Do Not Miss It

Personal injury claims in England and Wales are subject to a three-year limitation period under the Limitation Act 1980. For most claims, you have three years from the date of the accident to issue court proceedings. For children, the three years runs from their eighteenth birthday. For claims involving industrial disease or where the injury only became apparent over time, the three years runs from the date you knew or ought to have known that the injury was significant and caused by the defendant’s fault.

Missing the limitation period means you lose the right to claim entirely. Your letter of claim should be sent well within that period, and ideally as soon as you have enough information to describe the circumstances and injuries accurately. Sending the letter early is almost always better than waiting.

What to Include in Your Letter of Claim

Your Details

Your full name, address and contact details. If you have a solicitor, their details go here instead. If you are writing on behalf of a child or a person who lacks capacity, include your own details and your relationship to the claimant.

The Defendant’s Details

The full name and address of the person or organisation you hold responsible. For a company, use the registered name. For an insured driver, include any insurance details you have.

The Circumstances of the Accident

Describe what happened clearly and in chronological order. Include the date, time and location of the incident. Describe what you were doing, what the defendant did or failed to do, and how that led to your injury. Be specific. A letter that says ‘I was injured at your premises’ is far less effective than one that describes the exact defect, the exact location, and the exact sequence of events.

The Injuries You Suffered

Describe your injuries as accurately as you can at the time of writing. This may be a preliminary description if you are still undergoing treatment. You can update the claim later as your medical position becomes clearer. Include the immediate injuries, any ongoing symptoms and any long-term effects you have been told to expect. Reference any medical treatment you have received and from whom.

The Financial Losses You Have Suffered

List every financial loss caused by the accident. This includes lost earnings if you were unable to work, travel costs to medical appointments, the cost of medical treatment you have paid for, the cost of care or assistance you have needed, damage to property and any other out-of-pocket expenses directly caused by the injury. Keep receipts and records of everything.

The Legal Basis for the Claim

Explain briefly why you consider the defendant to be at fault. For a road accident, this might be that they failed to observe a red light or drove without due care. For a premises accident, it might be that they failed to maintain their premises in a safe condition under the Occupiers’ Liability Act 1957. You do not need to write a legal essay. You need to give enough information for the defendant to understand the basis of the claim.

What You Are Seeking

State that you are claiming compensation for the injuries and losses described. At this stage you do not need to state a specific figure if you do not yet have a full medical picture. You can say you intend to obtain a medical report and will provide full details of your claim in due course. However, if you have a clear view of your losses, stating a figure focuses the defendant’s response and often accelerates settlement.

Documents You Are Enclosing

Attach any documents that support your claim: a photograph of the scene, a photograph of your injuries, a receipt for medical treatment, a payslip showing your earnings, a police report reference if one was made, or any other evidence you have gathered.

Full Worked Example: Letter of Claim

[Your full name]

[Your address]

[Your contact details]

[Date]

[Full name of defendant]

[Address of defendant]

Subject: Letter of Claim – Personal Injury – Incident at [location] on [date]

Dear [Name / Sir or Madam],

I am writing to notify you that I intend to bring a claim for compensation against you arising from an incident on [date] at [location], in which I suffered personal injury and financial loss as a result of your negligence.

This letter is sent in accordance with the Pre-Action Protocol for Personal Injury Claims.

Circumstances of the incident

On [date] at approximately [time], [describe what happened in specific detail. For example: I was walking through the car park at [address] when I tripped on a raised paving slab near the entrance to the main building. The slab had been raised by approximately three to four centimetres and was not marked or signed in any way. I fell forward and landed on my hands and knees on the concrete surface. / I was driving my vehicle along [road name] when you failed to observe the red traffic signal at the junction of [name] and [name] and drove your vehicle [registration number] into the side of my vehicle. The collision was witnessed by [description if known].]

Injuries

As a direct result of the incident I suffered the following injuries: [describe injuries clearly, e.g. a fractured wrist requiring surgery and a period of immobilisation / a soft tissue injury to my lower back causing persistent pain / lacerations to both hands and bruising to my knees]. I was treated at [hospital / GP surgery] on [date] and have subsequently received [describe ongoing treatment: physiotherapy / follow-up appointments / medication]. I attach a copy of my GP’s letter / the hospital discharge summary confirming these injuries.

Financial losses

I have suffered the following financial losses as a direct result of the incident:

Lost earnings: I was unable to work from [date] to [date], a period of [X] weeks. My gross weekly earnings are approximately £[amount], giving a total loss of earnings of approximately £[amount]. I attach payslips to confirm this.

Medical costs: I have paid £[amount] for [describe: physiotherapy / prescription charges / private treatment]. I attach receipts.

Travel costs: I have incurred travel costs of approximately £[amount] in attending medical appointments. I attach a schedule of these journeys.

[Add any further losses: damage to clothing / damage to property / cost of care / other expenses directly caused by the injury.]

Basis of claim

[State why the defendant is at fault. For example: As the occupier of the premises at [address], you owed me a duty of care under the Occupiers’ Liability Act 1957 to take such care as was reasonable in all the circumstances to see that visitors would be reasonably safe. The raised paving slab constituted a hazard that you knew of, or ought to have known of, and had failed to repair or adequately warn visitors about. / As the driver of vehicle [registration], you owed other road users a duty to drive with reasonable care and attention. Your failure to observe the traffic signal was a breach of that duty and the direct cause of the collision and my injuries.]

What I am seeking

I am claiming compensation for my injuries, pain and suffering, and the financial losses set out above. I intend to obtain a medical report to provide a full account of my injuries and their prognosis, and will provide updated information as it becomes available.

In accordance with the Pre-Action Protocol, I ask that you acknowledge this letter within 21 days and provide a full response to my claim within three months of the date of acknowledgement, stating whether you admit or deny liability.

If liability is denied, please provide your reasons in writing. If you have relevant documents relating to the incident, including any incident report, maintenance records or inspection logs, please disclose them as required under the Protocol.

If I do not receive an acknowledgement within 21 days or a substantive response within three months, I reserve the right to issue court proceedings without further notice.

Yours sincerely,

[Your full name]

[Signature]

[Attachments: list all documents enclosed]

How to Send the Letter

Send by recorded post or email with read receipt so you have dated proof of delivery. Keep a copy of everything including all attachments. Note the date of sending and the date of any acknowledgement you receive.

If you are writing to a large company or insurer, also check whether they have a specific claims or legal correspondence address. Sending to the wrong address can delay acknowledgement and in some cases affect how the protocol timescales are counted.

What Happens Next

The defendant has 21 days to acknowledge your letter. The acknowledgement should confirm who will be dealing with the claim. They then have three months from that acknowledgement to investigate and send a full response.

If the defendant admits liability in their response, the claim moves to a negotiation about the level of compensation. At this point, having a medical report that sets out your injuries and their long-term effects is essential for putting a proper value on the claim.

If the defendant denies liability, they must explain why. You can then decide whether to negotiate further, seek legal advice, or issue court proceedings. A denial at this stage does not mean your claim has failed. It means you need to decide how to proceed.

If the defendant does not respond within the required timescales, you are entitled to issue proceedings. Before doing so, you must still consider the limitation period and ensure you have enough evidence to present your case. A failure to respond is itself something the court will take into account when considering costs.

When to Get Legal Advice

A letter of claim written directly by you, without a solicitor, is entirely valid and often works. Many claims, particularly those involving clear liability and modest losses, are settled at this stage without any legal involvement. However, there are situations where getting legal advice before or alongside the letter is worth considering.

• Your injuries are serious or are likely to have long-term effects

• The claim involves complex liability, such as contributory negligence or multiple defendants

• The defendant or their insurer is denying liability and you need help assessing the strength of your case

• You are approaching the three-year limitation period

• The claim involves an employer, a local authority or a public body and you are unsure of the relevant legal duties

• The value of the claim is likely to exceed £25,000

Most personal injury solicitors offer a free initial consultation and many operate on a no-win no-fee basis for cases with merit. Citizens Advice can also help you understand whether your situation warrants legal support.

Getting Help

If you want help drafting a letter of claim that is clearly structured, references the correct legal basis and presents your case as strongly as possible before you send it, the team at LetterLab can help you get it right. A well-written letter of claim often produces a settlement offer that an informal approach never would.

Quick Checklist: Before You Send

1. Have you identified the correct defendant and their full address?

2. Is the incident date within the three-year limitation period?

3. Does the letter describe the circumstances of the accident in specific, factual detail?

4. Have you described your injuries accurately, including treatment received?

5. Have you listed every financial loss with supporting evidence attached?

6. Have you stated the legal basis for why the defendant is at fault?

7. Have you referenced the Pre-Action Protocol and asked for acknowledgement within 21 days?

8. Are you sending by recorded post or email with read receipt?

9. Have you kept a copy of everything?

The Key Takeaway: Write First, Litigate Later

The letter of claim is the step most injured people skip, going straight from accident to solicitor without realising that the pre-action stage can resolve the matter faster, cheaper and with less stress. The protocol exists to encourage exactly this: both parties putting their cards on the table early, giving insurers and defendants the information they need to settle claims without the courts needing to get involved.

Write the letter. Send it properly. Give the defendant the opportunity to respond. Most of the time, that is enough.

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