# Pre-action protocol for personal injury claims: the key steps

> **Key takeaway:** Confirm which protocol applies (general vs. low-value RTA/EL/PL portal) → Letter of Notification (optional) → Letter of Claim → defendant acknowledgement and investigation → rehabilitation needs considered early → evidence exchange → settlement attempt before issuing proceedings.

- **Jurisdiction:** England & Wales
- **Practice area:** Civil Procedure
- **Last reviewed:** 2026-07-21
- **Interactive page:** https://kttclegal.info/library/notes/CivilProcedure/pre-action-protocol-personal-injury
- **Keywords:** pre-action protocol, personal injury, letter of claim, civil procedure rules, claims portal, rehabilitation

## What is this about?

Before personal injury litigation is issued, the parties are expected to follow a pre-action protocol designed to encourage early information exchange and settlement. Which protocol applies depends on the value and type of claim — there is no single, universal PI protocol, which is a common point of confusion.

## What is the core rule?

The general Pre-Action Protocol for Personal Injury Claims sets out a sequence: an optional Letter of Notification, followed by a Letter of Claim to the defendant/insurer setting out the basis of the claim; the defendant must acknowledge receipt (currently within 14 days) and is given a period to investigate liability; rehabilitation needs are considered early; evidence is exchanged; and the parties attempt settlement before proceedings are issued. Lower-value road traffic, and employers'/public liability claims are instead routed through separate low-value protocols using the online Claims Portal, with their own timescales.

## What are the elements or test?

1. Identify which protocol applies first — the general protocol, or one of the low-value RTA/EL/PL portal protocols — since the correct sequence and timescales differ
2. Letter of Notification (optional, general protocol) — early notice to the defendant/insurer
3. Letter of Claim — sets out the basis of the claim, injuries, and losses, with sufficient detail for the insurer to investigate
4. Defendant's acknowledgement and investigation period
5. Consideration of the claimant's rehabilitation and treatment needs, encouraged to happen early rather than after resolution
6. Evidence and disclosure exchange, and an attempt at settlement before proceedings are issued

## Which authorities matter?

- **Pre-Action Protocol for Personal Injury Claims (in force from 31 May 2021, as amended)** — Official Civil Procedure Rules protocol text, published via the Ministry of Justice. Sets out the sequence above for claims outside the low-value portal schemes.
- **Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents; Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims** — Separate, portal-based protocols for lower-value claims, amended in the same 2021 instrument as the general protocol — always confirm which protocol governs a given claim by value and type before applying any specific timescale.

## How does this apply in practice?

Confirming which protocol applies is the first practical step, since the low-value portal protocols have their own online process and timescales distinct from the general protocol described here. Always check the current protocol text directly, since specific time limits are the kind of procedural detail that gets amended periodically.

## What are common pitfalls?

- Treating 'the PI protocol' as a single, universal process when the applicable protocol depends on claim value and type
- Applying a general-protocol timescale to a claim that in fact falls within one of the low-value portal schemes, or vice versa
- Leaving rehabilitation and treatment needs until after liability is resolved, rather than raising them early as the protocol encourages

## When would a practitioner use this?

Relevant when preparing to notify a defendant of a personal injury claim, or when checking whether pre-action steps have been properly followed before proceedings are issued.

## Quick reference

Confirm which protocol applies (general vs. low-value RTA/EL/PL portal) → Letter of Notification (optional) → Letter of Claim → defendant acknowledgement and investigation → rehabilitation needs considered early → evidence exchange → settlement attempt before issuing proceedings.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*