The Personal Injury Claim Settlement Process Explained Step by Step

If you’ve been injured in an accident, you’ll know the physical, emotional, and financial strain it can cause. But what often makes things worse is the uncertainty.  How do I make a claim? What’s the process? Will I need to go to court?

The truth is, the settlement process in Northern Ireland follows a clear path. Once you understand the steps, you’ll feel more in control and less overwhelmed.

This guide breaks everything down: the step-by-step process of making a claim, mistakes that could weaken your case and a simple checklist to keep you on track.

At My Personal Injury Claim, we’ve supported countless clients across Belfast and Northern Ireland through this journey. Here’s how it works in practice.

Steps in the Settlement Process

Step 1:  Get medical treatment and evidence

• Always see a GP or attend A&E straight away,  even if you feel fine. Medical notes are your strongest evidence.
  
• Take photos of the scene, your injuries, and any unsafe conditions (such as a broken step or faulty equipment).
  
• Collect names and contact details of witnesses.
  
• Keep receipts for taxis, prescriptions, or replacement items.
  

Note: If your injury happened at work, your employer must record it in the accident book. Serious accidents must be reported to the Health and Safety Executive for Northern Ireland (HSENI). Report accidents here.

Step 2: Check the time limit

• In Northern Ireland, most claims must be started within three years of the accident.
  
• For children, the time limit doesn’t begin until they turn 18.
  
• If you lack mental capacity, the time limit may not apply until (or unless) you regain it.

Step 3: Pre-Action Protocol (starting the claim)

Your solicitor will send a Letter of Claim to the other side (usually an insurer). This sets out:

• What happened
• Why do you believe they’re at fault
• A summary of your injuries

The other side must:

• Acknowledge within 21 days
• Provide a full response within 3 months

This stage is meant to encourage settlement before going to court. 

Step 4: Working out compensation

Compensation is usually split into two parts:

• General damages – pain, suffering, and loss of enjoyment of life. Courts use NI’s Green Book (latest 2024 edition) as guidance.
  
• Special damages – financial losses, such as:
  
  • Loss of earnings (including overtime or bonuses)
  • Cost of treatment or rehabilitation
  • Travel costs to medical appointments
  • Care or assistance (even unpaid family care can be valued)

Step 5: Negotiation and settlement offers

Insurers often make a quick, low offer. It can be tempting when money is tight, but once you sign a settlement, you cannot claim more later.

Always get legal advice before accepting an offer. A solicitor can tell you if the figure reflects your true losses.

Step 6: Final settlement and payment

If you agree on a figure:

• You’ll sign a settlement agreement (sometimes called a “release”).
• Payment is usually made in a lump sum within a few weeks.
• If you’ve received state benefits, the insurer must notify the Compensation Recovery Unit (CRU NI) to recover some costs.

Step 7: If you don’t settle

Most cases settle before court. But if not, your solicitor may issue proceedings in:

• The County Court (lower-value claims)
• The High Court (serious or high-value claims)

Even then, many claims settle during the process, before a full trial. 

Common Mistakes to Avoid

Even strong claims can be weakened by simple errors. Here are the pitfalls we see most often:

1. Not reporting the accident properly
   • At work: always record it in the accident book and keep a copy.
   • In public: inform the council or property owner.
   • On the road: exchange insurance details and report to the PSNI if required.
     
2. Failing to collect and store evidence
   • People often forget to keep receipts, pay slips, or proof of care costs. These are crucial for claiming back expenses.
   • Without proof, insurers will argue the losses didn’t happen.
     
3. Relying too much on social media
   
   • Insurers do check Facebook, Instagram, and TikTok. If you’re posting photos of nights out or holidays, they may use this to downplay your injury.
     
4. Stopping medical treatment early
   
   • Sometimes people feel better and don’t attend follow-up appointments. But insurers may argue your injuries were “minor” or “short-lived.” Always complete treatment unless your GP advises otherwise.
     
5. Accepting the first offer
   
   • Insurers often make “lowball” offers, hoping you’ll settle quickly. Once you sign, you cannot reopen the claim, even if your injuries get worse.
     
6. Waiting too long
   
   • Many people don’t realise the strict three-year limit applies. Miss it, and your claim is usually gone forever.

Quick Checklist Before You Settle

Here’s a simple, no-nonsense checklist to make sure you’re protecting yourself:

• Medical care – Have you seen a GP or specialist and kept all medical reports?
• Accident report – Is the incident logged (accident book, PSNI, council, etc.)?
• Evidence file – Do you have photos, witness details, receipts, and payslips?
• Expenses list – Have you added up every cost, including travel and family care?
• Time check – Are you still within the three-year claim deadline?
• Offer review – Has a solicitor checked any settlement offer for fairness?
• Payment clarity – Do you know exactly what you’ll receive after deductions (including CRU repayments)?

Consider this checklist your safeguard. If you can tick all the boxes, you’re far less likely to lose out on the compensation you deserve.

Conclusion

The personal injury claim settlement process in Northern Ireland may feel overwhelming at first, but once you understand the steps, it becomes far less daunting. With the right advice, solid evidence, and careful timing, you can secure fair compensation without unnecessary stress. 

At My Personal Injury Claim, we’re here to make that journey easier. From evidence gathering to negotiation and settlement, we handle the stress so you can focus on recovery. 

We support claims for accidents at work, road traffic accidents, whiplash, slips and trips, as well as cases involving medical or dental negligence. Whatever your situation, you can expect clear advice, local support, and the reassurance that you will keep 100% of your compensation, with no hidden fees or deductions. 

If you’ve been injured in Belfast or anywhere in Northern Ireland, don’t wait. The earlier you act, the stronger your case will be.  Get in touch with us today for free legal advice and take the first step towards securing the compensation you deserve.