If you've been in a road accident that wasn't your fault, the first question most people ask is: how much could I actually get? The answer depends on the severity of the injury, the financial losses caused by the accident, and whether fault is disputed. This guide explains how compensation is calculated — and what No Win No Fee actually means for what lands in your pocket.
General Damages: Compensation for Injury
Compensation for personal injury is divided into two main categories. General damages cover the injury itself — pain, suffering, and loss of amenity. Special damages cover financial losses caused by the accident.
For general damages, courts and settlement negotiations are guided by the Judicial College Guidelines (JCG), which set out indicative brackets for different types of injury. The following figures are illustrative only — actual compensation depends on the specific circumstances of each case.
| Injury Type | Indicative Range |
|---|---|
| Minor whiplash (under 3 months) | £240 – £495 |
| Moderate whiplash (3–12 months) | £495 – £4,215 |
| Neck injury — moderate (longer-term) | £7,890 – £38,490 |
| Back injury — moderate | £12,510 – £27,760 |
| Serious psychological injury | £19,070 – £54,830 |
Source: Judicial College Guidelines (JCG) 17th Edition. Note: whiplash injuries lasting under 2 years are governed separately by the Official Injury Claim (OIC) tariff under the Whiplash Injury Regulations 2021 — figures differ from the JCG. See the whiplash guide for those amounts. Individual outcomes vary.
Special Damages: Financial Losses
In addition to compensation for the injury itself, you may be entitled to recover financial losses directly caused by the accident. These can include:
- Lost earnings (past and future, including self-employed income)
- Vehicle repair or replacement costs
- Medical expenses, physiotherapy, and rehabilitation costs
- Travel costs to medical appointments
- Care provided by family members
- Adaptation costs to home or vehicle if disability results
How No Win No Fee Works — and What It Costs You
No Win No Fee arrangements — formally known as Conditional Fee Agreements (CFAs) — allow you to pursue a claim without paying any legal fees upfront. If you lose, you pay nothing. If you win, a success fee is deducted from your compensation.
Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), success fees can no longer be recovered from the defendant — they come out of your settlement. By law, the success fee is capped at 25% of your general damages and past losses (it cannot touch compensation for future care or future earnings). Your solicitor must explain the exact percentage before you agree to anything.
Most solicitors also arrange After the Event (ATE) insurance to cover the defendant's legal costs if you lose. If the case is lost, the ATE insurer pays — not you. Your solicitor should explain exactly how this works before you proceed.