Should I accept a 'without prejudice' offer on my injury claim?

Updated: 17 Oct, 2025
By Chris Salmon

An early without prejudice offer can settle a work injury claim quickly, but there is a real risk of under settling and receiving less compensation than you are entitled to once full evidence is available.

At a glance

  • Without prejudice offers are not admissions of liability and are usually not admissible in court
  • Do not accept before there is medical evidence, a clear prognosis and a schedule of loss
  • Acceptance is a full and final settlement and you cannot return for more later
  • Consider whether the offer is a formal Part 36 offer because this has costs consequences
  • Interim payments may reduce pressure to accept a low offer

What does 'without prejudice' mean?

A without prejudice offer allows the insurer to explore settlement without harming its formal legal position. It cannot usually be shown to the court as evidence of an admission of fault. The purpose is to encourage frank negotiation while the formal dispute continues.

A without prejudice offer is off the record. You can consider it, but don't rush to accept. Consult with your solicitor, and use our injury calculator to get an idea of the appropriate compensation for your injury.

John Kushnick

Legal Operations Director
National Accident Law

How negotiations usually work

Under the Pre Action Protocol for Personal Injury Claims, your solicitor sends a letter of claim to your employer who passes it to their insurer. The insurer then has up to three months to investigate and admit or deny liability. Settlement discussions can happen at any time. Early offers are common, especially before medical evidence is complete.

See also: What is the process for claiming for a work injury?

How to assess a 'without prejudice' offer

Value depends on evidence. Your solicitor will compare the offer against:

  • General damages for pain, suffering and loss of amenity, guided by the Judicial College Guidelines
  • Special damages for past and future financial losses such as earnings, care, treatment and travel
  • The medical report and prognosis, including any need for future treatment or aids and adaptations
  • Your schedule of loss and supporting documents such as payslips, receipts and invoices

Pre medical offers should be treated with caution because the true value of your claim is not yet known.

Two parallel positions

Defendants often keep two positions. The formal defence that would be used in court and the private without prejudice position used in negotiations. The private position cannot usually be relied on in court as proof of liability.

Should I accept

Acceptance may be appropriate if the figure fairly reflects your injuries and losses and you want early closure. Decline if the sum is too low, your prognosis is uncertain, or future losses have not been valued. Remember that acceptance creates a full and final settlement and you cannot claim more later if your condition worsens.

Part 36 offers

A Part 36 offer is a formal offer under the Civil Procedure Rules. It has specific costs consequences if you refuse and then fail to beat the offer at trial. It is different from an informal without prejudice offer. You should obtain specific advice before responding to any Part 36 offer.

Interim payments

If you have urgent financial needs, your solicitor may be able to secure an interim payment. This is an advance from your final compensation that can reduce pressure to accept a low early offer.

Read more: Can I get an interim payment with a work injury claim?

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Can I make a without prejudice offer

Yes, although it is less common. If your losses and prognosis are clear, your solicitor may draft a without prejudice proposal. It should always be drafted by a solicitor to avoid weakening your position.

What happens next

Your solicitor will confirm liability status, obtain medical evidence, prepare your schedule of loss and advise whether to accept, negotiate or proceed toward court. The goal is the right settlement at the right time, not the earliest settlement at any price.

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About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed October 2025 by Chris Salmon