THE JUSTICE GAP FACING VICTIMS OF NEGLIGENCE HIGHLIGHTS FROM APIL’S RESEARCH JULY 2026
BACKGROUND From 2010 onward, a series of policy decisions fundamentally undermined access to justice for injured people. During this time, the need to provide full redress to people whose lives are often devastated by needless injury has been overshadowed by a narrative which has focused on the need to protect businesses, safeguard insurance companies’ profit margins and control spiralling insurance premiums. The fact that the very purpose of insurance is to compensate people for their injuries has been conveniently forgotten. Meanwhile injured people, and their representatives, have been the subject of rhetoric which is based on misinformation, misunderstanding and unfounded vitriol. These developments have contributed to a justice gap which leaves injured victims without the support they need. This report presents key findings from APIL’s research on this growing problem, revealing the scale of the justice gap; how it is widening; and the impact on victims and society. PAGE 3
A SUMMARY OF THE JUSTICE GAP: IN NUMBERS 7.5 MILLION ALMOST £300 MILLION in the average time victims of clinical negligence have to wait for their claim to settle (2013/14-2024/25) of victims of crime go on to receive compensation 60% DROP victims of negligence have never sought justice the cost to the NHS of the collapse in motor injury claims in personal injury claims over the past decade 58% INCREASE ONLY 3% ALMOST ⅔ DROP in the percentage of workplace injury and illness victims who go on to claim compensation (2018/19-2024/25) £50,000 GAP between what victims of crime receive from the Criminal Injuries Compensation Authority before and after an appeal PAGE 5
THE SCALE OF THE JUSTICE GAP The UK faces a crisis in access to justice, with millions of injured victims not going on to access the justice and support they need. Opinion polling, specially commissioned by APIL, exposes the scale of this justice gap... 7.5 MILLION VICTIMS OF NEGLIGENCE HAVE NEVER CLAIMED COMPENSATION ALMOST A THIRD OF UK ADULTS HAVE BEEN HARMED DUE TO SOMEONE ELSE'S NEGLIGENCE 44% OF VICTIMS OF NEGLIGENCE DID NOT CLAIM COMPENSATION ONLY 1 IN 5 VICTIMS OF NEGLIGENCE APPROACHED A PERSONAL INJURY LAWYER This justice gap is dramatically widening - injury claims have collapsed by 60% over the past decade and fell to a record low in 2025. As a result, the 2.3 million people harmed by negligence each year are increasingly unlikely to seek redress. PAGE 6
This justice gap impacts all types of victims, including those with the most serious injuries. It is not an isolated problem limited to a small group. WHO FACES THIS JUSTICE GAP? Since the ‘whiplash reforms’, road injury victims are far less likely to claim compensation. Meanwhile, those who still claim face a far more stressful process to access justice. People harmed by clinical negligence are waiting longer than ever before to receive justice and financial support. More people are suffering from workrelated injuries or illnesses, yet far fewer claim compensation. Victims of crime face a broken compensation system. Seriously injured claimants struggle to access compensation in instalments. This means they risk running out of the financial support they rely on. The upcoming sections of this report will explore these specific justice gaps. APIL’S RESEARCH SHOWS HOW VICTIMS ACROSS THE BOARD NOW FACE A JUSTICE GAP: PAGE 7
ROAD CASUALTIES MOTOR INJURY CLAIMS 2021 2022 2024 2025 Introduction of ‘whiplash reforms’ - justice gap emerges 2023 JUSTICE GAP JUSTICE FOR ROAD INJURY VICTIMS COLLAPSES A justice gap has emerged out of the ‘whiplash reforms’, where road injury victims are far less likely to claim compensation. As a result, more people are being injured on the roads, yet far fewer are going on to claim. This justice gap widened further in 2025, with motor injury claims falling to a new record low. Road casualties increased by 11% Motor injury claims fell by 43% SINCE THE ‘WHIPLASH REFORMS’ WERE INTRODUCED, CLAIMS HAVE FALLEN DESPITE AN INCREASE IN ROAD CASUALTIES Between 2020, the year before the reforms were introduced, and 2025: The ’whiplash reforms’ slashed compensation for most road injury victims in England and Wales, and meant that these victims could no longer recover their legal costs from the wrongdoer. PAGE 8
THE ‘REFORMS’ HAVE NOT JUST RESULTED IN A COLLAPSE IN CLAIMS - THOSE WHO STILL CLAIM FACE INCREASED BARRIERS WHEN THEY TRY TO PURSUE JUSTICE: Since the ‘whiplash reforms’ came into effect, there has been a 23percentage point increase in claimants who find the compensation process very stressful. Fewer than half of road injury claimants who were injured before the ‘reforms’ found the process very stressful. For claimants who were injured after the ‘reforms’, this rose to 71%. As part of the ‘reforms’, a new online system - Official Injury Claim (OIC) - was introduced. This was meant to simplify the claims process, and allow victims to submit claims without the support of lawyers. In reality, victims are struggling to make claims when they do not have legal support. APIL’s analysis has found that for every ten claims submitted by those without representation, more than six calls are made to the OIC’s support centre. This astonishingly high number of calls shows just how much the system is not the easy-to-use process promised. A more stressful process Victims are struggling to grapple with the online claims system A lack of awareness of the OIC is fuelling the justice gap APIL’s opinion polling revealed that 69% of adults in England and Wales were not aware of the OIC. Fewer than half of those with an injury affected by the ‘whiplash reforms’ were aware of the system. PAGE 9
WORK-RELATED INJURIES & ILLNESS UP 34% INJURY/ ILLNESS CLAIMS DOWN 51% WORKPLACE INJURY VICTIMS FACE A GROWING JUSTICE GAP More people are being injured or becoming ill because of their work, yet far fewer are going on to claim compensation This justice gap is continuing to worsen. While these injuries and illnesses increased by 14% between 2023/24 and 2024/25, the number of claims fell by 1%. More workers are becoming ill or being injured because of their work, yet there are fewer claims. The justice gap facing workplace injury and illness victims is also widening. In 2024/25, 854,000 workers suffered a work-related injury which led to more than seven days’ absence, or became ill because of their work. This is up 34% since 2018/19. Over the same period, there was a 51% drop in the number of compensation claims made by these people. This divergence between claims and injuries means that the percentage of workplace injury and illness victims who go on to claim compensation has dropped by almost two-thirds. PAGE 10
WOMEN AS A PROPORTION OF INJURY AND ILLNESS VICTIMS WOMEN AS A PROPORTION OF COMPENSATION CLAIMANTS 27% 51% GENDER JUSTICE GAP They have also been hardest hit by the growing justice gap. Since 2019/20, workplace injury and illness claims made by women have fallen by 13 percentage points more than men’s. This is despite women seeing a bigger increase in work-related injury and illness. Women are three times less likely than men to claim compensation for a work-related injury or illness. Women are hardest hit by this justice gap WOMEN REPRESENT OVER HALF OF WORK-RELATED INJURY AND ILLNESS VICTIMS, YET MAKE UP JUST OVER A QUARTER OF COMPENSATION CLAIMANTS Lack of research on the connection between women's workplace environments and illness may be behind the gender justice gap, as studies have mainly focused on maledominated industries. Without this research, women will find it more difficult to hold those responsible to account. PAGE 11
When compared to 2013/14, a victim of NHS negligence now has to wait, on average, ten months longer for their claim to settle. CLINICAL NEGLIGENCE DELAYS On average, it currently takes NHS Resolution (NHSR) over two years to settle clinical negligence claims. Victims of clinical negligence are waiting a recordbreaking amount of time to receive justice Victims with the most severe injuries have been hardest hit: those with the highest value claims currently have to wait an average of over eight years for their claim to settle. This is almost two years longer than in 2013/14. SINCE 2013/14, THERE HAS BEEN A 58% INCREASE IN THE TIME IT TAKES NHSR TO SETTLE CLINICAL NEGLIGENCE CLAIMS 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 DELAYS AT RECORD HIGH PAGE 12
These delays have a significant impact on access to justice. Victims have to wait longer for the financial support and answers they urgently need, and are forced to endure a more time-consuming and stressful process in their path to justice. Delays also push up legal costs unnecessarily. Indeed, NHSR themselves acknowledge that “the longer cases run for, the higher the costs”. These increased costs risk paving the way for damaging changes which undermine access to legal support and justice. 8 YEARS + the average time victims with the highest value clinical negligence claims have to wait for their claim to settle 10 MONTHS LONGER victims of clinical negligence are now waiting, on average, ten months longer for their claim to settle when compared to 2013/14. 2 YEARS + the average time a victim of clinical negligence has to wait for their claim to settle PAGE 13
VICTIMS OF CRIME FACE A BROKEN COMPENSATION SYSTEM APIL’s research has found that the current compensation system for injured victims of crime - administered by the Criminal Injuries Compensation Authority (CICA) - denies far too many the support they need. Meanwhile, those who submit claims without legal support face an arduous process which leaves them without the compensation they are entitled to. APIL’s most recent analysis found that only 3% of injured victims of crime go on to receive compensation. Lack of awareness of the scheme, a stressful claims process, and restrictive eligibility rules are likely to be key drivers of this justice gap. The real amount of compensation provided to victims of crime has collapsed over the past thirty years. For example, the maximum amount which can be awarded has fallen by more than half since 1996, as compensation payments have not been increased in line with inflation. This leaves victims of crime without the financial support which they need to rebuild their lives. The amount of financial support has collapsed Too few injured victims receive support Those without representation receive far less compensation On average, unrepresented applicants receive less than half of the compensation provided to represented claimants. PAGE 14
OFFER INCREASES BY 391% £63,143 £12,857 CLAIMANT RECEIVES £50,000 LESS IN COMPENSATION CLAIMANT PURSUES APPEAL CLAIMANT ACCEPTS DECISION INITIAL OFFER Data obtained by APIL shows a huge discrepancy between what is offered to victims of crime before and after an appeal. In cases which reached appeal in 2025/26, an average of £12,857 was initially offered. At an appeal, the CICA’s offer in these cases increased to an average of £63,143 – almost five times more than the initial offer. This discrepancy puts unrepresented victims at a huge disadvantage, as they are unlikely to have the expertise or knowledge to challenge the CICA’s initial decisions. This leaves them at risk of significant under-compensation. Victims are under-compensated by tens of thousands of pounds if they do not challenge the CICA’s decisionmaking APIL’s research shows that legal support plays a crucial role in securing justice for victims of crime seeking compensation. However, in 2025, only 14% of CICA applicants were legally represented. PAGE 15
PERIODIC PAYMENTS GRANTED DEMAND FOR PERIODIC PAYMENTS Victims awarded lump sum only compensation face a lifetime of risk. If they live longer than expected or if inflation is higher than anticipated, they risk running out of the financial support they rely on. Seriously injured victims are now also forced to invest their lump sum in risky assets. This is due to changes, introduced by the government in 2019, which altered the way compensation is calculated. This exposes seriously injured people to even further risk. Periodic payments (PPOs), which issue compensation in instalments over someone’s whole lifetime and are linked to inflation, provide some protection against these uncertainties. However, seriously injured victims are struggling to access this key form of compensation. FINANCIAL SECURITY OUT OF REACH IF THEY WERE SERIOUSLY INJURED DUE TO NEGLIGENCE, OVER HALF OF UK ADULTS WOULD WANT TO RECEIVE SOME OF THEIR COMPENSATION AS A PERIODIC PAYMENT. DESPITE THIS, LESS THAN 10% OF SERIOUSLY INJURED CLAIMANTS OBTAIN A PERIODIC PAYMENT FROM A CAR INSURER Those with the most serious injuries are struggling to access a key form of compensation which provides greater financial security PAGE 16
Insurers’ resistance to periodic payments is the key barrier APIL’s survey of serious injury lawyers found that insurers’ behaviour is the key barrier to obtaining a periodic payment: Where these barriers erected by insurers do not exist, use of periodic payments is much higher. For example, most seriously injured victims who receive compensation from the NHS obtain a periodic payment. This is because the NHS is not resistant to providing this form of compensation, with 79% of lawyers finding it easy to obtain a periodic payment from NHS Resolution. 90% almost 90% of lawyers who sought a PPO for their client found it difficult to obtain this from an insurer 90% almost 90% said that, in their experience, insurers always or very frequently sought to undertake negotiations on a lump sum only basis 82% of those who sought a PPO said that insurers rarely or never proactively offered a PPO Insurers are resistant to providing PPOs because they mean that the insurer, rather than the injured victim, has to manage the greater risk. Lawyers highlighted that they make obtaining a PPO extremely difficult by, for example, approaching clients post-settlement to see if they would swap their PPO for a lump sum; refusing to negotiate on PPO terms; and using the possibility of a PPO as a reason to object to providing interim payments. Many of these tactics substantially delay settlement if a PPO is sought, which is something that seriously injured victims in urgent need of financial support can ill afford. PAGE 17
Fixed Recoverable Costs (FRC) block lawyers from pursuing claims WHAT DRIVES THE JUSTICE GAP? As legal costs rise and recoverable amounts stay frozen, fewer victims can obtain legal representation, leaving injured people without access to justice. This barrier to justice is growing, as FRCs have not kept up with inflation. For example, in some lower value claims run through the ‘Claims Portal’, FRCs have not increased at all since 2013, despite a 42% rise in inflation. In essence, the costs of pursuing a claim have significantly increased, but the costs which victims can recover have not. This means more victims cannot recover what is needed to pursue their claim. This barrier to justice is growing Victims cannot recover enough legal fees In cases affected by FRCs, the legal costs of pursuing a claim increasingly exceed what can be recovered from the wrongdoer. This is particularly the case for more complex claims, as these are more time-consuming and expensive to run. As a result, lawyers say that they are unable to support an increasing number of victims who approach them for help. What can be recovered is simply not enough to pursue the claim. APIL’s research with personal injury (PI) lawyers highlights that fixed recoverable costs (FRCs), which cap the amount of legal costs that victims can recover from the wrongdoer, is a growing barrier to justice. PAGE 18
“Sometimes fixed costs mean that claims are not economical to run. In the past we could say to clients, if you win you keep all of your compensation. That is how it should be. Unfortunately, given low fixed costs, we have to tell clients that if they win, a very significant slice of their compensation will be lost due to deductions for our fees and ATE [after the event] insurance premiums. This puts people off proceeding”. Where claims affected by FRCs are still pursued, there is a shortfall between what the victim can recover from the wrongdoer and their actual legal costs. In many cases, this means that the victim has to make up this shortfall from their compensation. This leaves them without the full compensation they need. APIL’s research with employer liability (EL) lawyers also found that asking injured people to cover this shortfall deters them from taking their claim forward: Victims forced to bear the financial burden “Less people will decide to make personal injury claims, as even if they win the case, they get much less money. Before the introduction of fixed costs, claimants received 100 per cent of their damages. Nowadays, in view of fixed costs, they will end with a much lower percentage – maybe only about 50 per cent when factoring in success fees and ATE insurance premiums. This is not fair and undoubtedly affects access to justice”. Quotes from APIL’s survey of employer liability lawyers +42% increase in inflation 0% rise in recoverable costs Since 2013, there has been a 42% rise in inflation, significantly increasing legal costs for victims of negligence. Yet for many injured people, the amount of legal costs they can recover from the wrongdoer has not increased at all. PAGE 19
I have not had a client found to be fundamentally dishonest. However, I have had a client discontinue their claim due to their fear that fundamental dishonesty could be found. A key barrier which prevents us from pursuing EL claims are fundamental dishonesty allegations that the client is petrified of. Quotes from APIL’s survey of employer liability lawyers. Aggressive defendant behaviour makes accessing justice even more difficult Injury lawyers participating in APIL’s research highlighted how more aggressive defendant behaviour is a barrier to justice: Aggressive tactics increase costs More vigorous defence of cases means that claims take longer to settle. This pushes up legal costs for victims. As a result, claims affected by FRCs become even more difficult to pursue. False fundamental dishonesty allegations Defendants’ increased use of unmerited fundamental dishonesty allegations has made victims fearful and intimidated them into not taking their claims forward. The inability to recover costs for work which defendants often make necessary, especially with low-value cases, means that fewer claimants are taken on by firms. We no longer run lower value EL claims, where a disproportionate approach by the defendant may make the claim uneconomic even if it is successful. Quotes from APIL’s survey of employer liability lawyers. PAGE 20
did not approach a PI lawyer as they did “not trust personal injury lawyers” to have their “best interests at heart” 17% did not approach a PI lawyer as they were concerned about how much a lawyer would cost 28% did not approach a PI lawyer as they were focused on their recovery, and “did not think a PI lawyer would be able to help with that” 29% PAGE 21 Misconceptions are preventing victims from pursuing justice APIL’s in-depth research with victims who did not approach a PI lawyer found that negative perceptions about the claims process are deterring them from claiming compensation: Claiming compensation is too expensive A lawyer would not address their key needs Time-consuming and stressful process These victims thought that making a compensation claim would be an expensive process that they could not afford. Ultimately, they felt that claiming would worsen, rather than alleviate, the financial pressures they face. Injured people did not think that PI lawyers could meet their key needs and priorities. This was driven by a lack of awareness that PI lawyers secure rehabilitation, answers and emotional support – not just compensation. Victims perceive the claims process to be a daunting experience which is stressful and time-consuming. This deters them from claiming, particularly when they want to focus their limited time and energy on actions which support their recovery. MISCONCEPTIONS ABOUT THE LEGAL PROCESS DO NOT ONLY PAVE THE WAY FOR DAMAGING ‘REFORMS’ – THEY ALSO DETER INJURED VICTIMS FROM APPROACHING A PI LAWYER AND GETTING THE SUPPORT THEY NEED:
Strained workplace relationships Negative judgement Threats to job security Damage to professional reputation Workplace injury victims who did not approach a PI lawyer feared that claiming compensation would result in: PAGE 22 Victims fear negative repercussions Workplace injury victims fear that claiming compensation would endanger their livelihood. APIL-commissioned interviews with these victims found that these fears act as a powerful deterrent to approaching a PI lawyer. Even after talking to a lawyer, some victims drop their claim because of these fears. Lawyers have also seen these fears increase in recent years, with cost of living pressures and greater economic insecurity driving this. This is widening the justice gap faced by workplace injury victims even further. Quotes from lawyers who work with workplace injury victims In one case highlighted to APIL, an employer even offered money to the victim to dissuade them from making a claim. Despite reassurances, we have lost a number of potential cases because people feel they will lose their job if they claim Claimants are generally less likely to risk jeopardising their employment by bringing a claim Years of austerity have made employees more reluctant to rock the boat
IMPACTS OF THE JUSTICE GAP APIL’s opinion polling demonstrates the vital importance of being able to access justice and legal support. For example, of those who approached a PI lawyer: The support provided by PI lawyers is hugely valued by victims of negligence who receive it. However, the growing justice gap means that more victims are deprived of this essential support. I. The growing justice gap is robbing victims of the vital support provided by PI lawyers 86% would recommend that other people injured due to negligence should approach a PI lawyer for help. This rose to 90% among those who received compensation. 69% said that their PI lawyer helped them to achieve a sense of justice. This increased to 79% among those who received compensation. 64% said their PI lawyer was caring and compassionate. This rose to 67% among those who received compensation. 60% said the support provided by their PI lawyer was crucial in helping them deal with the consequences of their injury. This rose to 66% among those who received compensation. PAGE 23
Compensation is a crucial financial lifeline. APIL-commissioned opinion polling found that, among those who received compensation for their injuries, 82% said this was important in helping them to purchase equipment such as wheelchairs or other mobility aids, deal with reduced or no income, or fund care and treatment. Breaking this down: II. Victims of negligence are denied the vital compensation needed to rebuild their lives 67% said compensation was important in allowing them to deal with reduced or no income. 63% said compensation was important in helping them fund the care and treatment of their injuries. 48% said compensation was important in allowing them to purchase equipment they needed due to their injuries, e.g. mobility aids. Securing compensation helps victims to deal with the damage caused by negligence. Without it, they lack the means to address the ripple effects of their injury. However, the growing justice gap robs an increasing number of victims of this crucial lifeline. PAGE 24
III. The justice gap impacts wider society - not just victims of negligence The NHS is also harmed - where no claim is made it cannot recover the victim’s treatment costs from the wrongdoer. This is having a significant impact - APIL has found that, since 2021, NHS finances have been hit by almost £300 million because of the collapse in motor injury claims. AT-FAULT CAR INSURERS’ CONTRIBUTION TO ROAD INJURY VICTIMS’ NHS TREATMENT COSTS HAS HALVED SINCE 2019 % OF TREATMENT COSTS RECOVERED IN 2019 In 2024 alone, the collapse in road injury claims cost the NHS £119 million. As a result, the growing justice gap is shifting the costs of negligence from the wrongdoer to wider society. The growing justice gap does not just harm victims of negligence – it has a significant financial impact on wider society too. For example, a drop in compensation claims increases the amount the government spends on benefits. This is because more people do not have access to the rehabilitation, financed by compensation, that could help them return to work. Fewer injured victims in work also means that tax receipts fall, affecting us all. % OF TREATMENT COSTS RECOVERED IN 2024 PAGE 25
OUR WORK The findings highlighted in this report are drawn from the following key sources: APIL’s Industry Report, which features opinion polling of victims of negligence (opinion polling undertaken by Opinium) APIL’s research report on the ‘whiplash reforms’ Data, obtained by APIL, from the Compensation Recovery Unit, Criminal Injuries Compensation Authority, and NHS Resolution APIL-commissioned research involving interviews with workplace injury victims who did not approach a PI lawyer (interviews undertaken by Ipsos) Health and Safety Executive figures on the scale of workplace injury and illness An APIL survey of experienced employer liability lawyers Data from the Institute and Faculty of Actuaries on periodic payments An APIL survey of serious injury lawyers which looked at the barriers to obtaining periodic payments For a full list of the research highlighted in this report, or for further information about the research findings, please contact APIL’s research team. All data is correct at time of publication. For the most up to date figures, please always contact us. PAGE 26
APIL’s research team are dedicated to advancing the interests of our members and the people they represent. Through evidence-based research, we aim to challenge misinformation and support a fairer system for victims of negligence seeking justice. If you would like to learn more, please reach out to us using the contact details below. 3 Alder Court, Rennie Hogg Road, Nottingham NG2 1RX Senior Research Manager [email protected] (0115) 943 5400
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