Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Personal injury definition

What does Personal injury mean? Personal injury describes harm to a person’s body or mind, as opposed to damage to property or pure economic loss. In practice it underpins civil claims in tort/delict, including negligence, occupiers’ liability, employers’ liability, product liability, road traffic accidents and clinical negligence. Across England & Wales, Scotland, Northern Ireland and Ireland, legislation (notably limitation statutes and, in Ireland, Personal Injuries Assessment Board legislation) commonly defines personal injuries to include disease and any impairment of a person’s physical or mental condition. Recognised heads therefore cover physical injury, industrial disease and psychiatric injury. Fatal injury claims are related but procedurally distinct. Key legal features...

Death of a party in personal injury litigation: survival of actions, limitation, estate losses and procedural steps (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Introduction

This PrACTice Note sets out the relevant law and procedure when a party dies either during a Personal injury action or before proceedings are issued. It addresses:

the statutory and common law foundations allowing personal injury Claims to continue after the death of a claimant or defendant
limitation
the categories of loss recoverable by a claimant’s estate
the practical measures required depending on whether the deceased was the claimant or the defendant, including:
- confirming the correct parties and whether Personal Representatives have been appointed
- client care and funding considerations
- managing evidence, including Civil Evidence Act notices
payments into court
how the low-value claims protocols apply

This Practice Note does not deal with situations where the original claimant’s death was caused by the alleged tort, giving rise to a possible claim for the benefit of his or her dependants under the Fatal Accidents Act 1976. That topic is considered separately in the Practice Note: Establishing liability under the Fatal Accidents Act 1976...

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Web page updated on 21/05/2026

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