The first step in any personal injury case is the Letter of Claim — a formal document that notifies the defendant that a compensation claim is being pursued against them. It outlines the details of the accident, the injuries sustained, and any financial losses incurred.
But what is a Letter of Claim, and why does it matter? In this guide, we’ll break down what a Letter of Claim includes, why it’s important, and how it fits into the personal injury claim process. We’ll also cover what to do if you receive one and how expert legal support can help strengthen your case.
What is the purpose of a Letter of Claim?
In personal injury law, a Letter of Claim serves several key functions as part of the pre-action protocols set out in the Civil Procedure Rules:
- It acts as an official notification to the defendant that a legal claim is being made against them.
- It encourages an early settlement, avoiding costly and time-consuming litigation.
- It complies with legal requirements, in accordance with UK law.
- It outlines what happened, the injuries sustained, and the financial impact, allowing the defendant to decide whether to accept or challenge the claim.
If you’re making a personal injury claim, sending a Letter of Claim is essential. Without it, your case could be delayed, and you may face higher legal costs.
When should a Letter of Claim be sent?
A Letter of Claim should only be sent once you’ve gathered strong evidence to support your case. This ensures that your claim is as clear and compelling as possible, increasing the likelihood of a successful outcome. Evidence may include:
- Accident report — If you have been in a workplace accident, request a copy of the accident report from your employer’s legally required accident book.
- Photographic evidence — Take clear photos of the accident scene, highlighting hazards such as slippery floors or faulty equipment. Also, document your injuries to show their severity.
- Medical records — Collect relevant documents, including doctor’s notes, X-rays, and treatment reports.
- CCTV footage — If available, obtain CCTV footage of your accident. This footage can provide a clear and objective view of the events as they unfolded.
- Witness statements — Gather contact details and statements from anyone who saw the incident.
- Financial records — Keep records of all costs related to your injury, including medical expenses, travel expenses for medical appointments and lost wages. Receipts, invoices, and bank statements will support this.
- Personal diary — Track how the injury affects your daily life, work, and personal activities, including any pain or limitations you experience.
At Express Solicitors, our legal experts can help determine the right time to send your Letter of Claim, ensuring it is professionally drafted and fully supported by evidence.
What should be included in a Letter of Claim?
To meet UK legal requirements, a Letter of Claim must include key details about the accident, your injuries, and the compensation you are seeking.
Essential information to include:
- Personal details — Your full name, address, and contact information.
- Accident details — The date, time, and location of the incident.
- Injury summary — A clear description of the injuries you sustained.
- Negligence explanation – How the defendant’s actions (or lack of action) caused your injury.
- Financial impact — A breakdown of any medical expenses, lost earnings, or rehabilitation costs.
- Proposed settlement — Your suggested resolution for the claim, such as a compensation amount.
A Letter of Claim should be clear, factual, and to the point. If key details are missing, the defendant may deny responsibility or request further information, which can delay the claims process.
How does the Letter of Claim fit into the pre-action protocol?
The pre-action protocol, set out in the Civil Procedure Rules, is a legal process that requires both parties to exchange information before taking a case to court. The Letter of Claim is a key part of this process, helping to:
- Clarify the claim – Outlines the facts of the case, including how the accident happened and the injuries sustained.
- Assess liability – Gives the defendant an opportunity to admit or deny responsibility for the incident.
- Exchange key information – Ensures both sides have the necessary details to consider their legal position.
- Encourage early settlement – Allows both parties to negotiate compensation and potentially avoid court proceedings.
By following the pre-action protocol, a Letter of Claim can help to speed up the process, reduce legal costs, and increase the chances of reaching a fair settlement without going to court.
How should you respond to a Letter of Claim?
As a defendant, once the Letter of Claim has been sent to you, you must:
- Acknowledge receipt within 21 days
- Investigate and respond within 90 days
- Either admit liability or dispute the claim with supporting evidence
- Request additional information if necessary
If you accept liability, the settlement process will begin and compensation negotiations will take place. If you deny liability, negotiations will begin. If no agreement is reached, the case may proceed to court.
Why is legal guidance essential?
As with every stage of the personal injury claim process, having expert legal support can make a significant difference in the outcome. A solicitor ensures that your claim is legally sound, giving you the best chance of securing the compensation you deserve.
At Express Solicitors, we provide expert guidance to make sure:
- The letter is properly drafted, with all details included and requirements of law met.
- Negotiations are handled effectively, helping you to secure the best possible settlement.
- You are prepared for the next steps, whether your case settles out of court or proceeds to litigation.
Without expert legal support, mistakes in a Letter of Claim could result in delays, disputes, or even claim rejection.
Express Solicitors – expert support with personal injury claims
At Express Solicitors, we have over 20 years of experience in personal injury law, including drafting and sending Letters of Claim. Our team ensures your case is handled professionally and efficiently, so you can focus on your recovery without added stress.
With our no-win, no-fee guarantee, you won’t pay a penny unless we successfully secure your compensation.
Contact us today to find out how we can help or to arrange a free consultation with one of our expert solicitors. Call us on 0161 904 4661 or start your claim online