New Rules for Personal Injury Claims in 2025
The UK has introduced new rules for personal injury claims in 2025 — changes that could affect how compensation is awarded and which cases qualify for legal support. Whether you’re claiming for a road traffic accident, medical negligence, or an injury at work, it’s important to understand how these updates may impact your rights.
The new rules for personal injury claims include revised small claims limits, updates to whiplash compensation, procedural changes in serious injury cases, and more emphasis on early dispute resolution across the board.
In this guide, we break down the new rules for personal injury claims by claim type — starting with the most significant updates to road traffic accident cases — to help you quickly find out how these changes may apply to you.
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New Rules for Road Traffic Accident Claims
The Road Traffic Act (RTA) reforms have introduced new rules that change how road traffic accident claims are handled in England and Wales. These updates form a key part of the new rules for personal injury claims in 2025, particularly impacting lower-value cases.
In most road accident claims involving minor injuries like whiplash, legal fees are no longer recoverable from the defendant’s insurer. This makes it harder for many injured individuals to get legal representation — even when the accident wasn’t their fault.
However, there are key exceptions where legal costs can still be claimed, and solicitor support remains available. These exceptions are especially important for vulnerable or legally protected individuals.
Vulnerable Road Users
The new Small Claims Track limit and online claims process do not apply to:
- Cyclists and motorcyclists (including passengers)
- Pedestrians
- Horse riders
- Users of mobility scooters
These individuals can still claim under the previous rules, where the £1,000 limit applies. If you fall into one of these categories, you may still be entitled to full legal support.
Children and Protected Parties
Claims involving children or individuals who lack mental capacity are not subject to the new rules. These claimants cannot use the official online portal, and their cases remain eligible for legal representation.
Other Important Exceptions
Other situations where the new rules do not apply include:
- Untraced drivers: Claims brought through the Motor Insurers’ Bureau (MIB)
- Undischarged bankrupts: Individuals who are currently bankrupt
- Deceased parties: Claims made by or against the estate of someone who has died
- Foreign-registered vehicles: Accidents involving vehicles registered outside the UK
- Psychological trauma: Cases involving formal diagnoses of PTSD or severe depression
What If Your Claim Is Over £5,000?
If your injury is serious enough to likely attract compensation over £5,000, your case is not classed as low-value, and the new Small Claims Track limit does not apply. You can still make a full claim with legal representation.
If you’ve been injured in a road accident and aren’t sure whether these new rules for personal injury claims apply to your situation, we may still be able to help. Learn more about your options on our road traffic accident claims page, or contact us directly for personalised advice.
Recent Changes in General Personal Injury Law
While road traffic cases have seen the most publicised changes, the new rules for personal injury claims also affect other types of compensation cases — including serious injuries and public liability incidents.
Civil Procedure Changes and Mediation Rules
In 2024, new Civil Procedure Rules placed more emphasis on resolving claims out of court. Although currently applying mainly to small money claims, compulsory mediation and early dispute resolution are expected to expand into more areas of personal injury litigation.
These developments reflect the broader shift introduced by the new rules for personal injury claims, encouraging faster and less adversarial outcomes for injured individuals.
Ogden Discount Rate Update
As of January 2025, the Ogden discount rate — which courts use to calculate future financial losses in serious injury claims — was increased from –0.25% to +0.5%. This change may slightly reduce lump sum compensation amounts in cases involving long-term needs, such as ongoing care or loss of future earnings.
What This Means for Your Claim
Although the legal right to compensation remains intact, the new rules for personal injury claims may affect how settlements are calculated and how your solicitor approaches your case.
If you’ve suffered a serious injury due to someone else’s negligence, it’s more important than ever to get clear legal advice on how the current rules may influence your claim.
Updates to Medical Negligence Claim Procedures
Although medical negligence claims have not been directly changed by legislation, the new rules for personal injury claims are beginning to influence how these cases are managed, particularly regarding costs and dispute resolution.
Fixed Recoverable Costs and NHS Resolution Reforms
There are ongoing discussions about introducing fixed recoverable costs (FRCs) for lower-value medical negligence claims, particularly those under £25,000. While not yet implemented, these proposals could restrict how much a claimant can recover in legal fees from the NHS if they win their case.
At the same time, NHS Resolution is increasingly promoting early resolution methods, including mediation and the use of apologies or explanations, to settle claims before they reach court. This mirrors the wider trends seen in the new rules for personal injury claims more generally.
What This Means for Medical Negligence Victims
If you’ve suffered harm due to substandard medical care, your right to claim remains in place. However, the new rules for personal injury claims and the direction of recent reforms could affect how your case is handled, especially if it’s a lower-value or straightforward claim.
Speaking to a solicitor experienced in medical negligence is still the best way to ensure your rights are protected under the evolving legal framework.
New Regulations for Workplace Accident Claims
Although workplace injury claims haven’t been the focus of legislative changes, the new rules for personal injury claims are shaping how these cases are managed — particularly in relation to dispute resolution and employer responsibilities.
HSE Enforcement and Employer Responsibilities
The Health and Safety Executive (HSE) has ramped up inspections and enforcement activity in high-risk sectors like construction and manufacturing throughout 2025, focusing on issues such as manual handling, PPE failures, and machinery safety.
Employers are reminded of their duty to protect employees from foreseeable harm — breaches of which can form the basis of a valid claim for compensation covering lost earnings, medical costs, and pain and suffering.
Updated HSE Guidance on RIDDOR Reporting
The HSE has updated its RIDDOR guidance to clarify what constitutes a reportable incident — including injuries resulting in more than seven days off work or hospitalisation of non-employees.
For full details on when and how to report workplace accidents, see the HSE’s official guide:
Make a RIDDOR Report – HSE.gov.uk.
Dispute Resolution and Claim Procedure
As with other claim types, workplace accidents may now be handled with greater emphasis on early settlement and mediation. This approach reflects the wider direction of the new rules for personal injury claims, aiming to reduce court delays and encourage quicker outcomes for injured parties.
Your Rights After a Workplace Injury
If you’ve been injured at work due to unsafe conditions, inadequate training, or employer negligence, you remain fully entitled to pursue a compensation claim. While procedural changes and stronger safety enforcement may affect how your case is managed, the new rules for personal injury claims do not remove your right to fair compensation.
