fbpx

YOU MAY HAVE A CLAIM FOR COMPENSATION

Claim Compensation for Personal Injury

If you have suffered a personal injury that was not your fault, you may be able to claim compensation. Your case will be reviewed by our panel of legal firms who will be able to tell you how much you could be owed.

Home E Personal Injury Claims

What is a personal injury claim?

A personal injury claim is a legal process aimed at recovering compensation because you suffered injury or illness that was someone else’s fault. The compensation is recovered from the other person or company (often their insurance company) and is designed to compensate you for the effect the accident had on your life. Most personal injury claims can be made using a no win, no fee agreement which means you don’t have to pay anything up front and if you are unsuccessful you don’t pay anything at all.

How to qualify

To make a claim the injury you suffered had to be someone else’s fault. Sometimes knowing who’s fault it was can be difficult to work out, but don’t worry, that’s the job of trained legal advisors who have the experience to investigate who is liable for your injury and establish if you could have a successful claim for compensation. Even if you think the injury wasn’t that bad or have now recovered, it’s important to not dismiss the claim, just let us know and we’ll let the legal experts make the final decision.

If any of these types of cases sounds familiar, you may have a claim for compensation.

Remember:

In order to bring a successful claim, the following must apply:

  1. The accident must have happened in the last three years
  2. You suffered financially as well as physically
  3. The injury was caused by someone else

Did you know?

Even if you can’t identify the person at fault, you can still claim compensation from organisations such as the Motor Insurers’ Bureau (MIB) and the Criminal Injuries Compensation Authority

How to make a successful claim

In simple terms you need to be able to prove the following:

Duty of Care

The person (or company) owed you a legal duty of care. e.g. A tyre fitter is duty bound to put your wheel back on your car safely after replacing a tire.

Breach of Duty

The person (or company) breached their duty of care e.g. the tyre fitter forgot to put the locking nut back on your wheel, consequently endangering the safety of the vehicle.

Causation

The breach of duty resulted in your injury e.g. the missing locking nut caused the wheel to become unstable, resulting in the vehicle crashing.

Damages

It is the job of the legal team to build a case that shows beyond doubt the negligence of the third party was responsible for your injury. Claims can often be settled before getting to court, saving significant time in the claims process.

Don’t worry if this all sounds too daunting, that’s the job of the legal experts to sort.

Types of personal injury claims

Listed below are the most common forms of accidents that result in personal injury claims.

Slips, trips and falls

According to the HSE slips, trips and falls account for 33% of all workplace accidents. Accidents like this can result in damage to joints, bones or muscles and spinal or head injuries can be very serious or even life threatening. If your accident was in a public place like a supermarket or restaurant, the owner has a duty of care to keep the area safe. If they didn’t, you may have a personal injury claim caused by their negligence.

Road traffic accidents

Accidents on the roads can be caused by many different factors. Some accidents are caused by other road users, and others, by poor maintenance of the road. Drink driving and speeding account for the majority of accidents caused by other road users, but the local council or National Highways have a duty to keep the roads in good condition.

If you’ve been in an accident that was someone else’s fault, their insurance covers the cost of fixing or replacing the car, but doesn’t cover the cost of personal injury or additional expenses such as treatment costs or lost earnings. It doesn’t matter if you weren’t the driver, you can still claim if you were injured as a passenger, pedestrian or cyclist.

Did you know?

85,000 people are convicted of drink driving offences each year and every 5 minutes someone is caught speeding in the UK.

Workplace accidents

Employers in the UK have a duty of care under the Management of Health and Safety at Work Regulations 1999 , to keep you safe while you work. This includes carrying out risk assessments and providing you with the necessary training and equipment you need to carry out your job safely. Some people are concerned about claiming against their employer. Employers are required by law to take out liability insurance to cover the cost of employee accidents. Others are concerned that bringing a claim could result in them being fired and these are common concerns. If your employer fires you or makes your life so difficult, you resign, you can pursue a claim for unfair dismissal or constructive dismissal . Either way, you’re safe to claim without any comeback from your employer.

Medical negligence claims

Personal injuries caused by medical negligence can be very serious or even life threatening. Despite rigorous training, medical professionals still make mistakes which can cause your injury or make an existing condition worse. There are many different types of medical negligence, if you have experienced any of the following you may have a personal injury claim:
  • You were prescribed the wrong medicine or wrong treatment for your specific condition that made your condition worse or delayed your recovery.
  • Your condition was missed, or misdiagnosed.
  • A surgical mistake injured you or made your condition worse.

The evidence you need

Collecting evidence is often the last thing on your mind or not even possible if you’ve been involved in a serious accident. If you haven’t managed to collect details or evidence try not to worry, a solicitor will be able to help.

l

Make notes

Write a written account of the accident in your own words as soon as possible. We can remember events differently after a period of time.

Take details

Collect contact details from anyone who witnessed the incident. The more people who can corroborate your side of events, the better.

Collect evidence

Take photos (or even better videos) of the scene of the accident. Collect CCTV that captured the accident on camera. Keep all receipts for treatment relating to your injury.

File a report

Report to the Police anyone who is involved in an accident but fails to stop. You have a deadline of just 14 days after the event to do this.

How much compensation will you receive?

Your personal injury solicitor will first need to collect medical evidence and negotiate with the third party’s insurance company. After this you will know a rough idea what your claim is worth.

No two accidents are the same which means it’s difficult to say how much your personal injury claim could be worth. It’s the job of a solicitor to understand the severity of your injury and how it’s affected your life. The Judicial College is responsible for setting the guidelines for personal injury compensation levels. Arriving at a final figure can be very complex and take into account many different factors often categorised into ‘general’ and ‘special’ damaged, these including:
  • Medical expenses
  • Lost earnings due to time off work
  • Emotional stress
  • Physical injuries
  • Lost earnings
  • Rehabilitation prescribed to you by a medical professional
  • Alterations made to your car or vehicle
  • Travel and accommodation costs
  • Future impact on your earning capability
  • Any additional expenses incurred as a result of the accident
Type of InjuryCompensation Guide
Head/Face£1.5k – £300k
Deafness£10k – £80k
Whiplash£300 – £5k
Shoulder Injury£6k – £10k
Back Injury£10k – £20k
Hip or Pelvis Injury£3k – £100k
Wrist Injury£3k – £40k
Hernia Injury£2.5k – £20k
Ankle Injury£11k – £50k
PTSD£3k – £80k

Once your claim has been reviewed by a member from our panel of legal experts, they will be able to tell how much you could be entitled to.

How long will a claim take?

Personal injury claims take anywhere from a few months to three years or more to settle. The length of time varies depending on a number of factors, for example:

  • How many people were involved
  • How badly you were injured
  • How long it takes gather medical evidence
  • How much compensation you are claiming
  • If the other part admits they are guilty
  • If the other part is willing to settle out of court

A straightforward accident with non-serious injuries that involves just one other party could be settled in a few months. If the other party does not admit liability or their identity isn’t known, or if the injuries were serious, it can take significantly longer to settle.

You can only claim compensation three years from the date of the accident or when you were first diagnosed (or when you first realised you were injured).

In cases involving children, a claim can be made by a parent or guardian at any time until the eighteenth birthday. If no claim is made, the person has three years from their twenty-first birthday.

Extensions can also be granted for personal injury cases involving brain trauma where the injury led to mental health problems.

Did you know?

More common cases like non-complex road accidents can take a few months to settle, workplace accidents up to eight months, slips, trips and falls up to ten months and negligence cases anywhere up to four years.

What is the claim process?

Here is a summary of what you can expect to go through for a typical personal injury claim.

Step 1: Evaluation

The first stage is to discuss your case with a personal injury solicitor who will evaluate your case to see if you have a valid claim.

Step 2: Examination

Your personal injury solicitor will look at the facts and collect medical evidence to see how the injury has affected your life.

Step 3: Notification

The third party will be officially notified by your solicitor who will submit your claim and the details regarding your injury to them.

Step 4: Negotiation

‘The defendant’ will at this stage either accept or deny liability. If an agreement cannot be met at this stage the case may be set before a judge in court. If the other side accepts liability, your solicitor will negotiate a settlement on your behalf out of court.

Step 4: Completion

Compensation will be agreed either by negotiation with the other party, or in court, if your case goes before a judge. For no win, no fee claims, your solicitor’s fee comes out of your compensation, which is usually around 25%. If you lose, you don’t pay anything as your ATE (After The Event) insurance will cover the costs. This is special insurance taken out by no win, no fee solicitors to cover the court costs if you lose.

Our panel of legal experts are on hand to discuss your claim and support you every step of the way.

Common questions

How much can I get?

Each personal injury case is decided on its merits, and the payout depends on the type of injury suffered and the severity. Read more in the section “How much compensation will you receive?”

How long does it take?

Depending on the case, anywhere from three months to four years plus. Read more in the section “How long will a claim take?”

Is there a time limit?

Yes. The general time limit (Statute of Limitations) for filing personal injury cases is three years from the date of the alleged negligence.

Can I calculate my compensation myself?

Yes, you can calculate how much you can get as a settlement with a claims calculator. Why not try our personal injury claims calculator (coming soon).

Don’t Delay. Check Now.

Don’t miss out on £100’s or even £1,000’s in compensation you could be entitled to. Starting a claim only takes 5 minutes, so why not do it now?