If a family member or loved one has died due to the negligent actions of another party, you may be eligible to claim compensation. When an injury results in death, trying to figure out the process of claiming compensation can add more stress to an already difficult situation. That is why we have created a straightforward guide to fatal accident claims. It will assist you with your understanding and help you make the decision whether to take the next steps.

We begin with an explanation of the eligibility criteria for fatal accident claims. Following on from this, we outline the common causes that give rise to claims with examples. You can also learn about who qualifies to make a fatal injury claim.

Additionally, we explain how compensation is calculated and the different damages that could apply. Furthermore, we take a look at the process of starting a claim and how our solicitors could assist you.

Our solicitors work with clients on the basis on No Win No Fee to help them gain their rightful compensation. You can contact our advisors at any point if you would like to enquire. They offer experienced advice free of charge and without any requirement to pursue your case with us afterwards. You can get in touch:

• Via our telephone line on 0800 073 8804
• Using the pop-up chat on this webpage
• Through our contact us page

Select A Section

1. What Is The Eligibility For Making Fatal Accident Claims?
2. The Most Common Causes Of Fatal Accidents
3. Who Can Make Fatal Accident Claims?
4. How Much Fatal Accident Compensation Could Be Awarded?
5. The Fatal Accident Claims Process
6. How Fatal Accident Solicitors Can Help You To Claim
7. Frequently Asked Questions
8. Learn More

What Is The Eligibility For Making Fatal Accident Claims?

Fatal accident claims must meet a set of criteria in order to be valid. This means that:

• A third party must have owed a duty of care to the deceased
• They must have failed to act in accordance with their duty
• This caused the person’s death

You can keep reading our guide to find out who qualifies to claim compensation for a fatal accident. We also invite you to contact an advisor from our team who can assess your eligibility to proceed with the representation of an experienced No Win No Fee solicitor.

Road Traffic Accidents

All road users owe each other a duty of care when on the road. This applies to drivers, motorcyclists, cyclists and passengers. The duty of care means that they must act according to laws that aim to protect people from suffering harm.

Key guidance and laws include the Highway Code and the Road Traffic Act (1988). When these are not followed and a person sustains an injury as a result, they could have a valid road traffic accident claim.

Accidents At Work

You could also seek compensation for an accident at work where the employer failed to carry out their duty of care. This is outlined by the Health and Safety at Work Act 1974 (HASAW), which requires your employer to take reasonable steps to help ensure the safety of workers.

Public Liability Claims

When using a public space, the occupier owes you a duty under the Occupiers’ Liability Act 1957 (OCA). The occupier refers to the person in control of the space, such as a manager or landlord. They must take the necessary steps to ensure the reasonable safety of visitors.

Medical Negligence

Medical negligence occurs when someone suffers unnecessary harm due to a medical professional failing to meet the minimum standard of care. All medical professionals owe you a duty of care when they are treating you.

Criminal Injuries

You could also be eligible to claim compensation for a fatality related to a criminal injury through the Criminal Injuries Compensation Authority (CICA). This is an agency that compensates victims of violent crimes.

Compensation may be awarded to a relative or loved one who found the victim after the incident. You could also claim compensation based on other factors, which we outline later in this guide.

If you have any questions about claiming compensation for a fatal accident, please do not hesitate to contact our team of advisors. They have experience in handling cases of this nature and will approach your enquiry with the empathy it deserves.

The Most Common Causes Of Fatal Accidents

Now that we have outlined some types of fatal accident claims, you may be wondering how these could apply to a case. Read the following list for some examples of situations which could provide grounds for a fatal accident case:

• A speeding driver failed to stop in time for a pedestrian crossing the road, causing them to run over the pedestrian
• A driver fails to look while crossing at a junction, meaning that they collide with another car that had the right of way.
• Crashing a pallet truck into another employee after a manager instructs the person to drive it without adequate training.
• Working in construction without the provision of Personal Protective Equipment (PPE), such as a helmet, which can cause fatal head injuries if debris falls from a height.
• The council is aware of faulty equipment at the park, but does not replace it. While using the equipment in a public park, it collapses under a person’s weight, and they hit their head on the ground.
• A faulty stair railing in a museum that falls apart while someone is using the stairs causing a fall from height.
• An optician’s failure to diagnose a patient with eye cancer. This allows the cancer to spread and reach a terminal stage.
• A pharmacist mixes up a prescription with that of another patient, causing them to prescribe a medication that the patient has a known allergy to.
• An armed robber attacks a victim with a knife, resulting in multiple stab wounds.
• An arsonist sets fire to a building with people trapped inside.

If these examples do not apply to your situation, there is no need to worry. This is not an exhaustive list, so we recommend reaching out to an advisor to discuss the specifics of your case. They can let you know if you could be eligible to claim compensation and advise you of the next steps to take.

Who Can Make Fatal Accident Claims?

There are laws in place that determine who can make fatal accident claims. Keep reading for further details.

The Law Reform (Miscellaneous Provisions) Act 1934

The Law Reform (Miscellaneous Provisions) Act 1934 outlines the rights of the deceased’s estate to make a claim of behalf of the deceased. This applies to a six-month period following the death.

The estate can claim compensation relating to:

• General damages
• Special damages
• Funeral costs
• A dependency claim

We define these terms and provide further details in the next section.

The Fatal Accidents Act 1976

Under the Fatal Accidents Act 1976 (FAA), qualifying relatives can start a claim if the estate has not claimed within 6 months after the death occurred.

This allows the recovery of costs relating to:

• Funeral costs
• A bereavement award
• The loss of financial dependency

These terms will also be outlined in the next section, so please keep reading to learn more about the different types of compensation that apply to fatal accident claims.

How Much Fatal Accident Compensation Could Be Awarded?

Compensation for fatal accident claims can cover a variety of losses. The estate can claim damages on behalf of the deceased. These include general damages, which cover the pain and suffering the deceased experienced due to injury.

We have provided some figures from the Judicial College Guidelines (JCG) below. Legal professionals may use these when assessing general damages. The document pairs different types of injury with compensation guideline brackets.

Please note that these figures provide a guide and do not confirm the amount of compensation you could be entitled to. If you would like a better idea of what your compensation could cover, please contact our helpful team of advisors. They can discuss the specific nature of the case and perform a free case assessment.

The first figure we have listed was not taken from the JCG.

Injury	Compensation Guideline Bracket
Fatality plus add-on claims	Up to £550,000 and over
Paralysis- tetraplegia/quadriplegia	£396,140 to £493,000
Paralysis- paraplegia	£267,340 to £346,890
Brain damage- very severe	£344,150 to £493,000
Injuries resulting in death- full awareness	£15,300 to £29,060

The estate can also claim special damages on behalf of the deceased. These refer to costs the deceased incurred in relation to their injury prior to their death, such as:

• Medical costs
• Expenses made when travelling to/from medical appointments
• Time taken off work due to injury
• Costs for home adjustments required for their injuries

Dependency Claims

Those who qualify to make a dependency claim include:

• The estate of the deceased
• A current or former spouse/civil partner
• A child or descendant of the deceased (including stepchildren)
• A parent or ascendant of the deceased (including a step-parent)
• A person who lived with the deceased as a spouse for two years prior to their death
• An uncle, aunt, sister or brother of the deceased and their children

These individuals could make a claim for:

• Loss of consortium- this can refer to the loss of an important relationship such as one that is familial or romanatic
• Loss of dependency- this covers a dependent for the loss of the deceased’s income
• Loss of services- this covers the services that the deceased provided, such as childcare

Bereavement Damages

The FAA also allows qualifying relatives of fatal accident claims to seek bereavement damages. This is a fixed sum of £15,120 that can be split if multiple relatives claim it. Those who qualify for bereavement damages include:

• A spouse or civil partner
• Parents- this only applies if the deceased was unmarried and under the age of 18. If this is the case and they were also born outside of wedlock, the mother can claim.
• A person who lived with the deceased for two years before their death and lived as spouses

We understand that there are a lot of factors to consider when it comes to compensation for fatal accident claims. Please reach out to an advisor if you have any queries about the different types of damages and losses you could claim.

The Fatal Accident Claims Process

You may be wondering how the process for fatal accident claim works. Keep reading to learn about the evidence that is required to strengthen your claim.

What Evidence Will Be Needed To Support A Claim

Depending upon the type of compensation you are claiming, you will need to provide the following in order to prove your claim:

• A copy of the deceased’s medical records
• Photos or CCTV footage of the injury/incident
• Receipts and bank statements
• Contact details for those who witnessed the incident and could later be called upon to provide a supporting statement
• Inquest results
• Death certificate

You can contact an advisor at any time if you would like to learn more about the process of claiming compensation. They can advise you on what evidence would be appropriate for your claim.

How Fatal Accident Solicitors Can Help You To Claim

Our solicitors are experienced in handling fatal accident claims. We have already helped our clients gain a total of over £80 million in compensation. We understand that this is a difficult process, so our solicitors offer excellent services to help make the process easier for you. These include:

• Assisting you with the gathering of evidence to strengthen your claim (this includes taking witness statements)
• Contacting relevant experts for their opinions
• Negotiating your compensation with the aim of giving you the option to settle outside of court
• Helping you to understand legal processes and detailing anything that you are unsure of
• Approaching your claim with the dignity and empathy that it deserves

They also offer Conditional Fee Agreements (CFA) to eligible claimants. This is a type of No Win No Fee contract, which is a common way for people to seek legal representation without having to pay for their solicitor’s work:

• Prior to the start of the claim
• While the claim is ongoing
• In the event that the claim is unsuccessful

If you do receive compensation, you will then need to pay a success fee. This refers to the percentage of your compensation that you owe to your solicitor. There is a legal cap in place to ensure that most of the compensation stays with you, so you do not have to worry about losing the majority of your compensation.

Please do not hesitate to contact our advisors with any questions you may have about starting a claim. They have experience in handling similar cases, so they can advise you of the next steps if you are eligible to proceed.

• Via our telephone line on 0800 073 8804
• Using the pop-up chat on this webpage
• Through our contact us page

Frequently Asked Questions

Is There A Deadline For Making A Fatal Accident Compensation Claim?

Typically, the legal time limit means that you must start the claim within three years from the date that death occurred or the date that it became clear the death was a result of a party’s negligent actions. For example, the cause of death may not become clear until an inquiry or post-mortem has been performed.

How Can Compensation For A Fatal Accident Help Me?

Compensation can help many people to focus on the grieving process and look forward. It can help people recover from the financial impact they may have suffered. Some lose out on income due to time taken off work, or have to pay funeral costs.

How Long Will It Take Before We’re Paid Our Compensation?

Unfortunately, we cannot provide a time frame for your claim. Many factors could impact the length of time taken to claim, such as:

• Whether or not your claim goes to court
• How busy the court schedule is
• The nature of the fatal injury
• The amount and type of evidence that you need to provide
• Whether the defending party admits liability

Will Our Family Have To Go To Court?

A solicitor will typically aim to settle your claim outside of court as this is a much quicker process. However, there is a chance that your claim could go to court. If this were the case, your solicitor would discuss the details with you prior to court proceedings. You can also speak with one of our advisors if you would like more information about this. 

Learn More

You can also read our other fatal accident guides:

• Learn about manslaughter claims
• Find out how to claim for death due to dangerous driving
• Visit our guide on claiming for death due to a motorcycle accident

External resources

• Follow the NHS guidance for dealing with grief
• Visit the government webpage for bereavement support
• Report a death to the government

Thank you for reading our guide on fatal accident claims.

Pressure sores, also known as bed sores or pressure ulcers, are painful injuries that affect the skin and the surrounding area. In certain cases, they are entirely preventable with prompt diagnosis and the correct standard of care. Pressure sore claims happen when medical professionals fail to meet that standard, causing their patients unnecessary harm.

Our guide aims to discuss:

• Who is eligible to claim compensation
• The common reasons why pressure sore claims happen
• How the severity of bed sores can affect compensation
• How to claim, including what evidence you may need
• How our No Win No Fee solicitors could help you start your claim

At any point in our guide, you can contact our advisory team to get a free case assessment. If you’re ready to find out whether you could claim compensation, please use the details below:

• Call us on 0800 073 8804
• Use our built-in live chat feature
• Fill out our contact us form

Frequently Asked Questions 

1. Who Can Make Pressure Sore Claims?
2. The Average Bed Sore Claims Compensation Amounts
3. Is There A Time Limit To Make Pressure Ulcer Claims?
4. What Pressure Sore Negligence Claims Evidence Is Needed?
5. The Common Pressure Sore Compensation Claims Causes
6. Claiming For Bed Sore Compensation On A No Win No Fee Basis
7. More Information

Who Can Make Pressure Sore Claims?

In order for somebody to be eligible to make a pressure sore claim, 3 things must be proven:

• You were owed a duty of care, such as from a medical professional
• They breached this duty
• The breach directly caused you to suffer unnecessary harm

Essentially, a duty of care means that medical professionals must provide patients with a standard of care that meets the minimum expected of them. If you suffer avoidable harm as a result of those standards not being met, you may have the basis of a valid medical negligence claim. We’ll discuss how a healthcare provider could fall short of standards later on in this guide.

However, before we continue to the next section, we want to note that not all bed sores will be the result of medical negligence. In some cases, factors like pre-existing medical conditions may mean that the sores are unavoidable, even when medical professionals follow appropriate prevention strategies.

What Happens If An Individual Is Unable To Claim For Themselves?

Where someone suffering from pressure sores is unable to claim for themselves, certain adults have the option of becoming their litigation friend. This role is usually occupied by a parent, but can also be filled by others, including solicitors. Litigation friends are responsible for various duties, including:

• Acting in the best interests of the claimant
• Signing documentation and undergoing the claims procedure on their behalf

In medical negligence claims, litigation friends are used when an individual is either a minor or has diminished mental capacity. Both groups cannot legally claim in their own right unless they meet certain conditions.

If you would like to discuss those conditions or being a litigation friend, call us today to connect with one of our advisors.

The Average Bed Sore Claims Compensation Amounts

Pressure sore claims can compensate for the harm you suffered (general damages) and related financial losses (special damages). To help value general damages, solicitors may refer to the Judicial College Guidelines (JCG). This publication outlines compensation guidelines for various forms of harm, both physical and psychological.

The table below outlines some of the document’s guideline amounts. Please note that these brackets are suggestive, and the first figure has not been taken from the JCG.

Harm	Compensation
Multiple Severe Forms of Harm + Special Damages	Up to £1,000,000+
Very Severe Brain Damage	£344,150 to £493,000
Moderately Severe Brain Damage	£267,340 to £344,150
Loss of Both Arms	£293,850 to £366,100
Loss of One Arm (i)	Not Less Than £167,380
Loss of Both Legs	£293,850 to £344,150
Above-Knee Amputation of One Leg	£127,930 to £167,760
Kidney (i)	£206,730 to £256,780
Kidney (ii)	Up to £78,080
Kidney (iii)	£37,550 to £54,760

How Is Pressure Sore Compensation Calculated?

Generally, compensation is calculated by considering things like:

• The severity of your pressure sores
• The expected length of your recovery
• The impact the sores have had on your body, mental health, and quality of life

Moreover, the compensation you might receive may be influenced by how your pressure sores are graded. Keep reading for more information about this classification system.

Bed Sore Classifications

There are 4 grades of bed sores:

• Grade 1: Redness and tenderness to the affected area, but no open wound
• Grade 2: Partial-thickness skin loss, with the top layers of skin damaged, such as the epidermis and the dermis. Abrasion or blistering on sight
• Grade 3: Full-thickness skin loss, with both necrotic (dead) tissue and pus present. It may appear like a hole or crater in the skin
• Grade 4: The wound and surrounding area have become totally necrotic, exposing muscular tissues and bone of the affected area

The more serious the grade, the higher the likelihood that there will be lasting health issues and a longer recovery. For instance, grade 4 bed sores may lead to chronic pain and amputations. This impact can have far-reaching consequences for a person’s health, quality of life, and finances, which may affect the amount of compensation they receive.

We understand that all pressure sore claims are different, and our team can work with you to assess your specific situation. Contact us today to learn more about pressure sore negligence compensation and how we can help you.

Could Financial Losses Be Compensated?

Yes, financial losses can be compensated under special damages. If you’ve suffered from pressure sores, you may already be aware of the lasting impact they can have on finances. Special damages aim to reimburse you for your losses, and they will consider things like:

• Loss of earnings as well as future income
• Medical costs, including treatments and prescriptions
• Travel expenses, such as those incurred while attending medical appointments
• Care costs if your pressure sores left you in need of assistance
• Rehabilitation and physiotherapy to support your recovery

In order for you to be able to claim special damages, you must be able to prove your financial losses. Depending on what losses are claimed for, you could use evidence like payslips, medical invoices, and receipts.

As part of the services on offer, our expert solicitors can help you gather this evidence to support your claim. Contact our advisors today to be connected with one of our solicitors.

Is There A Time Limit To Make Pressure Ulcer Claims?

For pressure sore claims, you will usually have 3 years from the date you suffered unnecessary harm or became aware someone’s negligent actions caused it. This time limit is in line with the Limitation Act 1980.

There are exceptions to this time limit for minors and individuals whose mental capacity is diminished. As we’ve mentioned, both groups are unable to legally start a claim by themselves, meaning time limits are paused unless certain certain conditions are met.

Specifically, the 3-year limitation period will not apply to minors until the day they are 18. For mentally incapacitated individuals, time limits are frozen unless they make a recovery. If there is a recovery, then the standard 3-year window will apply from the point that their ability to claim independently returns.

As we’ve also discussed, both groups can be represented by a litigation friend while time limits are frozen. You can learn more about time limits and their exceptions by reaching out to our helpful advisory team.

What Pressure Sore Negligence Claims Evidence Is Needed?

In order to maximise your chance of having a successful claim, you need evidence proving medical or hospital negligence and how it caused you to suffer unnecessarily. We recommend using evidence like:

• Photographs of your bed sores, showing their severity and development over time
• Descriptions of the wound, any drainage dates, or differences noted
• Contact details for anyone who might have seen you receiving negligent care
• Copies of relevant correspondence, such as a complaint about your treatment

Moreover, your GP or medical records could help demonstrate whether you were particularly at risk of developing pressure sores or highlight shortcomings in the care you got. In addition, your records may detail when you were diagnosed, the grade of your sores, and what treatments you received.

Our professional solicitors can help you gather evidence and advise on what evidence might be most beneficial for your claim. You can speak to our team if you’d like more information about evidence or the work of our solicitors.

The Common Pressure Sore Compensation Claims Causes

Below, you will find some of the more common causes for pressure sore claims:

• Prolonged exposure to moisture: Constant exposure to moisture can quickly cause the skin to weaken, further increasing the risk of pressure sores. A nurse may negligently contribute to a person suffering unnecessarily from sores if they fail to check urinary catheters, stoma bags, or a patient’s perspiration
• Inadequate use of medical devices: Specialist equipment, such as mattresses or cushions, can be applied to areas at greater risk of pressure sores. A carer who does not use these devices when required may worsen existing ulcers or leave a patient suffering from otherwise preventable pressure sores
• Infrequent patient monitoring: Patients’ skin conditions should be monitored frequently, and they should be repositioned often enough to prevent the development or worsening of pressure sores. A nurse may be at fault if they fail to regularly move an immobile patient, thereby allowing sores to develop

These are not the only situations where pressure sores can develop, so please don’t worry if you don’t see your specific situation here. Keep reading as we discuss the impact pressure sores can have on those affected by them.

How Can Pressure Sores Cause Complications?

Without prompt diagnosis and appropriate treatment, pressure sores can quickly deteriorate. If left untreated, patients may find that the sores affect the surrounding muscular tissue and bones. Serious cases can also lead to life-threatening complications such as:

• Sepsis, or blood poisoning from the infection
• Bone or joint infections
• Necrosis of other tissues
• Amputation
• Brain damage
• Organ failure

Medical professionals may contribute to these issues if they provide substandard care or negligent treatment. For instance, a doctor who fails to listen to your symptoms may delay a diagnosis, leaving your sores to deteriorate to a more severe grade.

This delayed treatment could result in you developing long-term health issues that would otherwise have not happened. In turn, you may be at increased risk of infections and face a longer road to recovery.

However, as we’ve already mentioned, not all pressure sores are preventable. You may still suffer from them even if your healthcare provider provides you with the correct standard of care.

If you’d like to discuss your specific circumstances, please use the contact details listed in this article for free, confidential advice from our team.

Claiming For Bed Sore Compensation On A No Win No Fee Basis

If you choose to work with our solicitors, you could make a claim under the terms of a Conditional Fee Agreement (CFA). This type of No Win No Fee claim means that:

• You won’t pay solicitors’ fees at the start of the claim
• You won’t face additional solicitor fees during the process
• You won’t pay any fee for your solicitor’s work if you don’t receive compensation

Only if your claim succeeds would a fee be deducted from your compensation. This success fee is payment for your solicitor’s work, and the percentage taken is capped in accordance with the Conditional Fee Agreements Order 2013.

Contact Legal Expert’s Solicitors

Here at Legal Expert, we are here to help and support you every step of the way. Our medical negligence solicitors have years of experience advocating on behalf of clients and have already secured more than £80 million in compensation.

If you are ready to get started or have any questions about the claims process, you can contact us by:

• Call us on 0800 073 8804
• Use our built-in live chat feature
• Fill out our contact us form

More Information

For more information, read our guides on:

• How to claim if you have contracted MRSA in a hospital
• Our medical negligence claims calculator
• What is classified as medical negligence in the UK

Useful external resources:

• Guidance on how to manage pressure sores from the NHS
• How to claim statutory sick pay from GOV.UK
• Information on the prevention of pressure sores from NICE

Thank you for reading our guide on pressure sore claims.

Any accident at 35,000 feet, even a minor one, is unwelcome. While flying is considered to be the safest form of travel, you could be entitled to flight accident compensation if you experienced an injury mid-flight. This guide explains how to claim against the airline responsible.

Key Takeaways

• The Montreal Convention 1999 was a treaty signed by multiple countries (including the UK) to set the rules for airlines regarding passenger accidents and fatalities.
• The Civil Aviation Act 2012 establishes a regulatory framework for responsibilities to protect users of air transport services, including passengers.
• If successful, your personal injury claim could compensate you for the physical harm of an in-flight injury, as well as the monetary damages the injuries created.
• A time limit of two years applies in which to commence a personal injury claim for an inflight injury.
• You could qualify to start your claim with support from our expert solicitors, who offer a No Win No Fee agreement to fund their services.

Please carry on reading our guide to learn more about No Win No Fee flight accident compensation claims. You can also reach out to advisors at any point to ask questions or access a free assessment on the merit of your claim. To find out more:

• Call the team on 0800 073 8804
• Contact us to start a claim online.
• Open the live discussion portal below for an immediate response.

Frequently Asked Questions 

1. Can I Get Flight Accident Compensation?
2. How Much Compensation Could I Get For An In-Flight Injury?
3. Examples Of Accidents That May Happen On a Plane
4. Who Is Responsible For Flight Accidents?
5. What Is The Flight Accident Compensation Claims Time Limit?
6. Do I Need Evidence To Support My Claim?
7. Can I Claim With A No Win No Fee Solicitor?
8. More Information

Can I Get Flight Accident Compensation?

As we mentioned in the introduction, Article 17 of the Montreal Convention 1999 states that up to a certain value, the carrier is regarded as ‘strictly liable’ for injury or death mid-flight or for injury when getting on or off the plane.

This allows an injured passenger to initiate a compensation claim upon return to their home nation without needing to prove the airline was negligent. You will need to show:

• That the accident was an ‘unexpected’ or ‘usual event’.
• The injury was not prompted by the passenger’s internal reaction to flying.
• That the injury was caused by an accident that occurred on the aircraft mid-flight, while grounded, or while taking off or landing.

The Montreal Convention sets a capped limit to the airline’s liability using a universal currency called Special Drawing Rights (SDR), set by the International Monetary Fund (IMF). The cap is currently 151,880 SDR, which is approximately £157,300. This helps deal with claims of this value (or less) in a way that reduces time and expense. There is no limit to claims above this amount, but the airline does then have the right to contest the liability by proving it wasn’t negligent or otherwise at fault.

If you’d like to check your eligibility to start a claim for flight accident compensation, please call the team for further personalised guidance.

Am I Able To Claim For My Child?

It is possible to launch a personal injury claim for an injury that occurred during a flight on behalf of your injured child. 

What If The Accident Happened To A Vulnerable Person?

Similarly, a person without the capacity to manage their own affairs can have a personal injury claim started for them by a family member or other concerned party. 

Can I Claim On Behalf Of A Deceased Loved One?

Yes, you can claim if a loved one died while embarking, disembarking or during a flight.

If you suffered the loss of a loved one in or after an airline accident, speak to our advisors. You and your family could be owed flight accident compensation.

How Much Compensation Could I Get For An In-Flight Injury?

In cases of mid-flight injury, the airline is considered strictly liable up to £157,300 (approximately) and you do not need to prove negligence. However, each flight accident compensation claim will differ, and no routine amount of compensation will be awarded. Furthermore, in-flight accident claims may be compensated anywhere between a few hundred pounds and millions. 

How Is Compensation For Plane Accidents Calculated?

Compensation for inflight injuries may consider:

• The severity of the injuries sustained.
• The duration of the injuries.
• How they have damaged the quality of a person’s life (loss of amenity).
• What the future prognosis indicates.
• Loss of earnings.
• Medical flight home.
• Loss of enjoyment of the holiday.
• Mobility aids and home adaptations.

One of our advisors can discuss how much flight accident compensation you might be able to claim. Please speak to a team member to discuss the incident that caused your injuries and what impact they had on your holiday as well as your daily life.

Examples Of Accidents That May Happen On a Plane^^

Like any form of public travel, there can be a wide range of potential hazards that might cause injury if others are negligent, and we explore some examples:

Slips, Trips And Falls

Obstacles or spillages on an aircraft have the potential to cause injury. For example, if the cabin crew neglected to ensure that all hand-held luggage was correctly stowed. Because of this, a passenger could trip on a bag strap, fall and hit their head on an armrest. They could also suffer injury getting on or off airline shuttle buses or other transportation by slipping on an unattended wet surface.

Technical Issues

An example of this is when the seatbelt light was faulty and did not alert the passenger to fasten their seatbelts. This resulted in the passenger being thrown forward and hitting the seat in front during turbulence, suffering a minor head injury as a result.

Scalds And Burns

In-flight refreshments can be hot, so cabin crew need to take care not to spill drinks or food onto passengers while serving. An example accident is a passenger being scalded by hot coffee after colliding with a drinks trolley. Food poisoning on a flight may also be grounds to start legal action for flight accident compensation.

Falling Luggage

Most heavy luggage is in the hold, but hand luggage can also cause injury if it falls from the overhead compartments. A passenger could suffer a serious head or neck injury if luggage falls, or they might trip on any item that cabin crew have allowed to be left in gangways.

Faulty Seating

A broken seatbelt can present an immediate risk to passenger safety, but there can also be other issues with internal fittings. For example, a broken armrest can leave a piece of exposed metal on which an unwitting passenger cuts their arm or hand. Also, a sudden movement by a broken seat could create serious back injury, especially in an elderly traveller.

Turbulence

Turbulence may be unavoidable, but it is essential that the cockpit and cabin crew alert passengers to it as soon as it is detected. Failure to return passengers to their seats during turbulence can result in someone losing their footing and falling against the seat or landing on other passengers.

Assault By Another Passenger

Some passengers become intoxicated and rowdy. You could have a viable personal injury claim if you were assaulted on a plane and the airline failed to contain the problem correctly.

The Montreal Convention covers acts of assault, and your right to claim is covered. A solicitor can assist with the personal injury claims process, so get in touch to see if they can help you.

Who Is Responsible For Flight Accidents?

Under the Montreal Convention, the airline is usually considered responsible for flight accidents. An airline accident is defined as something ‘unusual’ or ‘unexpected’ and not the result of injuries such as deep vein thrombosis or ear damage that might be caused to the person by the act of flying itself.

For cases where more than one aircraft was involved, the Air Accidents Investigation Branch (AAIB) can investigate the circumstances and provide recommendations to prevent it from happening again.

Please contact the advisory team to discuss your potential flight accident compensation claim.

What Is The Flight Accident Compensation Claims Time Limit?

For aviation accidents, the Montreal Convention lays out a 2-year time limit for claims. The exceptions for minors and those without mental capacity that we looked at above may alter this. Please connect with the team for precise guidance.

Do I Need Evidence To Support My Claim?

In cases of mid-flight injury, the airline is considered strictly liable up to £157,300 (approximately) and you do not need to prove negligence. However, it is important to gather evidence that might help further boost your compensation calculations, such as:

• Copy of your ticket.
• Photos of the injuries and their cause.
• Witness contact details (so that a supporting statement can be gathered from them later).
• Duplicates of medical records that detail your injuries.

Should the airline contest liability and you choose to appoint one of our solicitors, they can help you collect evidence like this. Get in touch with the team to learn more.

Can I Claim With A No Win No Fee Solicitor?

Our solicitors offer their services under a No Win No Fee arrangement, which includes supporting eligible claimants with a case for flight accident compensation. They usually offer a version of this type of arrangement called a Conditional Fee Agreement (CFA), you can access unlimited legal advice and take advantage of the following benefits:

• No requirement to pay initial solicitor’s fees to get going.
• No solicitor’s fees for their work as the claim unfolds.
• No fees are applicable to the solicitors for completed services if the claim fails.
• In outcomes that are successful, a nominal success fee will be taken from the compensation.
• The law restricts this percentage.
• Because of the cap, you can expect to receive virtually the entire amount from a successful flight injury claim.

Contact Legal Expert

Are you ready to see if you could be owed flight accident compensation? It takes just a moment to find out if our specialist solicitors can act on your behalf today:

• Call the team on 0800 073 8804 to discuss the flight accident claims process.
• Contact us to start a claim online.
• Open the live discussion portal below for an immediate response to air accident claims.

More Information

This guide focused on flight accident compensation, and these other resources from our website might be of further use:

• This guide looks at airport accident claims at Gatwick.
• Here we discuss claiming for medical costs in a personal injury claim.
• Also, read about flight delay compensation.

External resources to help:

• Here is information on how air transport companies should comply with health and safety laws.
• Read more on how to report an air accident.
• This link looks at dealing with a host of travel problems from the Civil Aviation Authority (CAA).

To close, we value your interest in our guide about flight accident compensation. If you’d like to learn more about how our solicitors use a No Win No Fee agreement, speak with our advisory team now.

An amputation can be a life changing injury.  Whether you have been involved in a traumatic road traffic accident or have suffered medical negligence, a successful compensation claim could make readjusting after your injuries an easier process. 

We understand that amputation claims can be difficult, but our solicitors work closely with a range of specialists who can support you throughout your recovery process. Whether this involves clinical psychology or physical therapy, our team are here to help you take the next steps.

Our guide will discuss:

• Who can make amputation claims
• The different types of compensation you could be eligible to receive
• The different scenarios and amputation may be suffered
• How our No Win No Fee solicitors could help you start your claim

Contact Us

If you have any questions about your potential amputation claim, please contact us today to learn how we can assist you.

• Use our built in live chat feature
• Fill out our contact us form
• Call 0800 073 8804

Jump To A Section

1. Who Can Make Amputation Claims?
2. The Common Types Of Amputation Injury Claims
3. What Payouts Can You Get For Amputation Compensation Claims?
4. Can Compensation Cover Non-Physical Impacts From Amputations?
5. What Evidence Will Be Needed For Amputation Claims?
6. Is There A Time Limit For Making An Amputation Compensation Claim?
7. Legal Expert’s No Win No Fee Amputation Claim Specialist
8. More Information

Who Can Make Amputation Claims?

You can make an amputation claim if you can prove that negligence occurred. Negligence occurs when:

1. Someone owed you a duty of care
2. The person who owed you this duty breached it
3. The breach led to your amputation or injuries

This forms the basis of your claim as it demonstrates how your injuries happened and why they were the fault of someone else.

Continue reading to learn who owes you a duty of care in different scenarios.

Can Claims Be Made For Children Or Vulnerable Adults?

Claims can be made on behalf of children or vulnerable adults. These cases will utilise a role known as a litigation friend.

A litigation friend is an individual who acts on behalf of another person in the claims process, such as someone who was:

• Under 18 at the time of the injury
• Lacking the mental capacity to claim

Litigation friends can sign documents and make decisions for the claimant. They also have the responsibility to act in the claimant’s best interests.

You can apply to act in this role, or alternatively, the courts have the power to appoint a litigation friend.

If you have any questions about acting as a litigation friend, please contact us today to learn how our team can help you.

The Common Types Of Amputation Injury Claims

Amputations are considered a serious injury and can occur in a variety of situations. The most common types of amputation injury claims include:

Medical Negligence

Amputation claims can arise from medical negligence. This could be due to a surgical error or a misdiagnosis.

You are owed a duty of care by all medical professionals. This means that they must provide care to meet the expected standard. All healthcare professionals are bound by their specific code of ethics and practice, but they all owe the same duty of care to all patients.

If, for example, you were scheduled for an amputation on your left leg, your surgeons should perform adequate pre-operative checks. If they fail to do this and mistakenly operate on your right leg, you could have the basis for an amputation claim.

Accidents At Work

The Health and Safety Executive reported that between 2023 and 2024, there were 508 reported amputations suffered by employees resulting from work-related accidents (per reports made by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)).

In line with the Health and Safety at Work etc. Act 1974 all employers owe their employees a duty of care to do all that is reasonable to prevent injury and ensure their health and wellbeing while at work.

If, for example, your employer made you work with known defective machinery, which resulted in your hand being traumatically amputated when the machine malfunctioned, you may be eligible to make an amputation claim.

Public Place Accidents

You may wonder who is at fault when you have an accident in a public place. In these cases, the person responsible is the occupier. An occupier is the person or party in control of a public space.

Under the Occupiers’ Liability Act 1957, you are owed a duty of care. This means that the occupier must take any and all steps to ensure that visitors to the premises are reasonably safe when visiting.

If, for example, an overhead sign in a supermarket was not secured properly, causing it to fall on you and suffer a severe crush injury to your arm that later required an ampution, you may be able to make a public liability claim.

Road Traffic Accidents

All road users owe each other a duty of care. This means they need to avoid causing harm or damage to one another by using the roads safely and responsibly. This is achieved by upholding the rules set in the Road Traffic Act 1988 and the Highway Code.

For example, if you are hit by a driver who is speeding over the limit and this causes a severe road traffic accident, crushing you against the car, resulting in the loss of your leg in a traumatic amputation, you may be able to make a road traffic accident claim.

These examples are not the only ways in which you could have suffered an amputation injury, so if your claim specifics are different, you can contact us today to see how our team could help you.

What Payouts Can You Get For Amputation Compensation Claims?

The compensation amount you could be entitled to depends on things like:

• The severity of your injuries
• The impact they continue to have on your life
• Whether you have suffered additional injuries also

Following a successful compensation claim, you will receive general damages. This compensates you for the physical and psychological suffering you have endured due to your injury.

Those calculating this head off loss may refer to the Judicial College Guidelines (JCG). This is a document that contains compensation guideline brackets for different injuries.

The table below uses some of these entries regarding amputations. Please note that the first figure has not been taken from the JCG, and these are just guideline figures.

Injury	Compensation
Multiple Serious Injuries and Special Damages (such as loss of earnings)	Up to £1,000,000+
Loss of Both Arms	£293,850 to £366,100
Loss of One Arm (i)	Not Less Than £167,380
Loss of One Arm (ii)	£133,810 to £159,770
Loss of One Arm (iii)	£117,360 to £133,810
Loss of Both Legs	£293,850 to £344,150
Below-Knee Amputation of Both Legs	£245,900 to £329,620
Above-Knee Amputation of One Leg	£127,930 to £167,760
Below-Knee Amputation of One Leg	£119,570 to £162,290
Total or Effective Loss of Both Hands	£171,680 to £245,900
Total or Effective Loss of One Hand	£117,360 to £133,810

Contact us today to learn more about how compensation may be calculated in amputation claims.

Can Compensation Cover Financial Losses Caused By Amputation Injuries?

Compensation can cover financial losses caused by amputations. These are compensated under special damages.

These damages aim to financially compensate you for any difficulty or loss you have suffered as a result of your amputation injury. This can include things like:

• Medical costs, such as prosthetic limbs or mobility aids like wheelchairs
• Home adjustments
• Travel costs
• Loss of earnings
• Care costs
• Rehabilitation fees

In order for you to be able to claim special damages, you have to prove that your injury has caused financial loss. This could be through providing evidence like:

• Payslips
• Medical invoices
• Receipts
• Bank statements

We understand that the impact of an amputation can have lifelong effects, not only on your physical and mental health but also on your financial stability.

Our solicitors are experienced in amputation claims and can help you gather evidence to support your case. Contact us to learn how we can assist you.

How Interim Payments Can Assist With Amputation Claims

During your claim, you may incur immediate costs. You might now be facing significant medical expenses, and you may worry about how to cover these costs. This is where interim payments can benefit you.

Interim payments are advance payments taken out of your final compensation amount.

Interim payments could be used for things like:

• Immediate care costs
• Medical procedure costs
• Home adaptations

These types of payments are only awarded in cases with a high chance of a successful claim.

Contact our advisors today to determine if you may qualify for these payments.

What Evidence Will Be Needed For Amputation Claims?

The type of evidence you will need depends on where your accident happened. Usual cases of amputation claims will need evidence like:

• Time and date of the accident
• Dashcam or CCTV footage of the incident
• Details of anyone who is happy to provide a witness statement at a later date
• Medical records
• Any relevant reports, such as police reports or reports from an accident book

Evidence is needed in amputation claims to prove that your injury was caused by someone else’s negligent actions.

Our solicitors can assist you in gathering this information and determining what evidence will be most useful for your claim. Contact us today to learn how we could help you.

Is There A Time Limit For Making An Amputation Compensation Claim?

Yes, the time limit to make a claim is 3 years from the date of the injury.  This is set out in the Limitation Act 1980.

There are exceptions to this time limit that apply to minors and those lacking the required mental capacity. So, if you’re unsure whether your claim still falls within the time limit, please contact us today. One of our advisors will be happy to assist you with any questions you may have.

Legal Expert’s No Win No Fee Amputation Claim Solicitors

Our solicitors work with their clients on a No Win No Fee basis under the terms of a Conditional Fee Agreement, meaning you would not be expected to pay for their services upfront or during the claims process. You also will not need to pay for their completed work, should the claim fail.

If you are successful, a success fee will be deducted at the end of the claim. The percentage of this fee is capped in line with the Conditional Fee Agreements Order 2013.

Our solicitors have decades of experience and can offer assistance in many ways, such as:

• Compiling supporting evidence
• Ensuring that your claim is started within the time limit
• Explaining legal language
• Advocating on your behalf to get the best settlement
• Connecting you with professionals to assist in your rehabilitation

Contact Us Today

We hope that our guide regarding amputation claims has been useful, but if you have any questions or would prefer to speak with one of our friendly advisors about your case, you can contact us by:

• Using our built-in in live chat feature
• Filling out our contact us form
• Calling 0800 073 8804

More Information

Read our other guides on:

• What to do if you’ve had an accident at a theme park
• How to start a dental negligence claim
• How to claim for Whiplash

Useful External Resources

• NHS advice on amputations
• When to report a workplace accident from the Health and Safety Executive
• When to call 999 from the NHS

Thank you for reading our guide on amputation claims.

Have you suffered unnecessary harm due to a prescription error caused by a medical professional failing to provide the correct standard of care? You could be eligible to start a medical negligence claim. We understand that many people want to know how to get started or what is involved in the claims process. That is why we have created this medication error claims guide to break down the key information and make things more straightforward.

We start by outlining the eligibility criteria for starting a claim and the different factors that can influence how much compensation someone might receive. Additionally, we explain how medical error compensation can help support you and take the next step in your recovery process.

Furthermore, we explore how medication errors can occur and the impact they can have on those affected. Then, we detail how to start a claim and what evidence you might need. Finally, we outline how one of our experienced medical negligence solicitors could support you and help secure compensation.

At any point while reading our guide, you can get in touch with our team for free, no-obligation advice. Get started by:

• Calling us on 0800 073 8804
• Enquiring online
• Using the live chat pop-up box

Frequently Asked Questions

1. Who Can Make Medication Error Claims?
2. How Much Medication Error Compensation Could I Get?
3. What Can Compensation Help With After A Prescription Error?
4. How Do Medication Errors Happen?
5. What Impacts Can Incorrect Medication Have?
6. How Can I Prevent Being Given The Wrong Prescription?
7. How To Start My Medication Error Compensation Claim
8. Can I Claim With A No Win No Fee Solicitor?
9. More Information

Who Can Make Medication Error Claims?

Medication error claims can be made by anyone so long as they meet the following criteria:

1. A medical professional owed you a duty of care
2. Their failure to meet their duty caused the medication error
3. This meant that you suffered unnecessary harm

All healthcare professionals automatically owe you a duty of care when they treat you. In short, this duty means that they must provide patients with a level of care that meets the minimum expected standard.

Am I Able To Claim On Behalf Of A Loved One?

Yes, you could claim on behalf of a loved one who cannot legally claim for themselves, namely minors and those with a mental incapacitation. To do so, you would need to take on the role of a litigation friend to act on behalf of the person who cannot represent themselves.

If you have any questions about how to apply to become a litigation friend or would like to assess the eligibility of your claim, please contact our advisory team.

How Much Medication Error Compensation Could I Get?

A medication error that leads to very severe brain damage may result in someone being awarded between £344,150 and £493,000. This compensation range comes from the Judicial College Guidelines (JCG), a document that legal professionals can use in order to assess general damages. These damages compensate for the pain and suffering associated with the harm someone experiences.

We have included a list of compensation brackets below, which come from the JCG. It is important to note that these brackets are not a guarantee of compensation since every case is assessed on an individual basis. Moreover, the first figure is a combination of general damages and financial losses and isn’t sourced from the JCG.

Type of Harm	Compensation
Multiple forms of very severe harm alongside financial losses, such as lost earnings	Up to £1,000,000+
Very severe brain damage	£344,150 to £493,000
Moderate (i) brain damage	£183,190 to £267,340
Serious, permanent damage (or loss) of both kidneys (a)	£206,730 to £256,780
Loss of one kidney (c)	£37,550 to £54,760
Total loss of natural bowel function (b)	Up to £183,190
Complete loss of bladder function	Up to £171,680
Seriously impaired bladder control	£78,080 to £97,540
Severe toxicosis in the digestive system (i)	£46,900 to £64,070
Loss of spleen and ongoing risk of infection (a)	£25,380 to £32,090

Would you like to know more about how medical negligence compensation is calculated? You can speak to a team member for further information and confidential advice.

What Can Compensation Help With After A Prescription Error?

Compensation for the harm suffered due to a prescription error can also help you recover related financial losses under special damages. For instance, you may need long-term rehabilitation to support your recovery journey. So long as there is evidence like payslips or statements, medical negligence claims can include costs concerning:

• Medical treatment
• Travel to and from medical appointments
• Lost earnings due to time taken off work
• Adjustments made to your home, such as a stairlift
• Professional care or support provided by a family member

If you have any questions about how compensation for medication error claims is calculated or would like a free case assessment, don’t hesitate to contact our advisory team.

How Do Medication Errors Happen?

There are many reasons why medication errors occur. Keep reading as we discuss some of the most common, from dispensing errors to medication being incorrectly prescribed.

Dispensing

A medication error may occur while your medication is being dispensed. For example:

• A pharmacist mixes up your prescription with that of another patient while dispensing medication. As a result, you experience kidney damage after taking the wrong medication
• A nurse incorrectly instructs you to take more than the recommended amount of codeine. Due to this failure, you suffer an overdose that causes serious harm
• A pharmacist does not review what other prescriptions you are taking and give you a dose of penicillin that reacts badly with another medication

Prescription

Medical negligence can also result in errors when prescribing medication. That can lead to scenarios like:

• A doctor fails to read your medical records, which would have shown you have a number of allergies. Subsequently, they wrongly prescribe antidepressants, causing you to go into anaphylactic shock
• A medical professional misdiagnoses your condition by mistaking common bladder cancer symptoms for a urinary tract infection. Consequently, they wrongly prescribe antibiotics and delay a correct diagnosis, allowing the disease to spread before you get the right treatment
• While being treated in the hospital, a nurse misreads your medical records and prescribes the wrong dosage for your medication. As a result, you suffer permanent damage to your liver

These examples cover many common types of medication errors, but please don’t worry if they aren’t similar to your experience. You can talk to one of our advisors about your circumstances and find out whether you could claim medical negligence compensation.

However, before we continue with our guide, it’s important to remember that not all harm is avoidable. There is always some degree of risk in any medical setting, and you may experience side effects from a medication even when you receive the correct standard of care.

What Impacts Can Incorrect Medication Have?

Incorrect medication can have serious short-term effects, but there is also the potential for lasting, avoidable harm. Keep reading for more information.

Short-Term Effects

Short-term effects of medication errors may include:

• Skin rashes
• Vomiting
• Diarrhoea
• Dizziness
• Headaches

Long-Term Effects

In some cases, the impact of a medication error can be long-term. You may experience:

• Chronic kidney impairment
• Liver failure
• Brain damage
• Epilepsy
• Stomach ulcers
• Bowel failure
• Infertility

We understand that these and other health issues can be life-changing. You can reach out to our team at any time to find out how successful medication error claims have helped others move forward with their recovery.

How Can I Prevent Being Given The Wrong Prescription?

No matter what prescription you might get, there are some steps you can take to avoid suffering unnecessary harm due to a medication error. These include checking:

• The name on the prescription
• The name of the medication (if unsure, always ask whether it is correct)
• The leaflet inside the box that describes what it treats and the symptoms
• If it contains ingredients that you are allergic to

Although these measures can be helpful, it is the responsibility of the medical professional to treat you with the appropriate standard of care. To discuss how these standards relate to medication error claims, feel free to speak with one of our advisors.

How To Start My Medication Error Compensation Claim

When starting a medication error compensation claim, you will need to consider factors like evidence and time limits. Read on as we look at the process of claiming for medical negligence.

What Evidence Will I Need?

You must provide evidence to prove that medical negligence occurred and that it caused your suffering. Evidence may include:

• A copy of your medical records
• Photos of the harm
• Contact details of those who may have witnessed the negligence.
• A diary of your symptoms

Our solicitors have years of experience gathering evidence for medical negligence claims. That expertise has ensured our clients have never needed to face this vital task alone.

What Is The Time Limit For Medication Error Claims?

The time limit for medication error claims is typically 3 years from the date that negligence occurred or when you became aware of it. This is in line with the Limitation Act 1980, but there may be exceptions in cases where the person impacted is unable to legally claim for themselves because:

• They are under the age of 18
• Incapacitated and therefore unable to make decisions for themselves

In such cases, the time limit is frozen. As stated earlier in this guide, another person may be able to act as their litigation friend during this pause. Alternatively, they may be able to claim once they are 18 or if they regain capacity. In the latter case, the 3-year time limit would apply from the date that capacity is regained.

You can speak with our team of advisors to find out what evidence you will need and how the time limit applies to your case.

Can I Claim With A No Win No Fee Solicitor?

If you are eligible, you may be able to claim with one of our No Win No Fee solicitors. Through a Conditional Fee Agreement (CFA), a solicitor from Legal Expert would not require you to pay for their work on your case:

• Before it starts
• While it is underway
• If you do not receive medical negligence compensation

However, when our clients do receive compensation for medical error claims, they pay a success fee. This comes out of their compensation, but the fee is small, and the percentage has a legal cap in place that ensures you get the vast majority of what you receive.

Besides the advantages of using a CFA, working with our experienced medical negligence solicitors offers many other benefits. These include:

• Handling negotiations with the aim of securing a fair settlement for you. Our team have already secured over £80 million in compensation for our clients
• Arranging for an independent medical assessment, if appropriate
• Explaining any legal terms or processes that you are unsure of
• Connecting you with specialists, including physiotherapists and psychologists

Contact Legal Expert

You can contact our team of advisors for more information about any topic discussed in this guide. We take a client-focused approach at Legal Expert, so there is no pressure to follow up with us after your enquiry. Get started by:

• Calling us on 0800 073 8804
• Enquiring online
• Using the live chat pop-up box

More Information

You can read our other guides below:

• Find out how to claim compensation for a retained foreign object
• Learn about claiming for breast cancer negligence
• Discover how to claim for midwife negligence

Some external resources:

• Read about the work of NHS Resolution, which is the body responsible for handling claims against the NHS
• Follow NHS guidance on first aid
• Get to know the General Pharmaceutical Council, which provides guidance for pharmacists

Thank you for reading our guide on medication error claims.

Anyone paying rent for social housing expects their landlord to keep the property in a safe and well-maintained condition. However, failure to do so may result in homes becoming hazardous and dangerous, which is why some people make social housing complaints.

By reading this guide, you can learn how to make a complaint against your landlord and how you can potentially claim compensation for any injuries caused by the condition of your social home and the disrepair itself. You can also learn how a solicitor can help with your housing disrepair claim on a No Win No Fee basis.

If you want to speak to our advisors about making a social housing complaint or learn more about claiming compensation, please get in touch with them by:

• Visiting our ‘contact us’ page
• Calling on 0800 073 8804
• Messaging them on our live chat

Jump To A Section 

1. What Is Classed As Social Housing?
2. How Can Tenants Make Social Housing Complaints?
3. What Types Of Issues Can You Complain About?
4. What To Do If Your Landlord Isn’t Responding
5. Can You Take Legal Action Against A Landlord?
6. Get Help From Legal Expert
7. Learn More

What Is Classed As Social Housing?

Social houses are rented from local councils or housing associations at lower rates than houses on the open market. They are rented properties managed by social landlords, offering more affordable housing for those in need.

With the rising cost of living, more people are seeking safe and affordable rental homes. The GOV released accredited statistics regarding social housing lettings in England, showing that between April 2021 and March 2022, 17% of households lived in social housing, and 1.21 million people were on the waiting list for it.  

Council Or Local Authority Housing

Council housing has been fundamental in helping low-income or vulnerable people gain access to a home. It is a form of housing that is owned by landlords within local councils.

Different landlords offer varying tenancy agreements that are binding documents outlining the terms and conditions of the rented property. However, it is the landlord’s responsibility to ensure the house is safe and free from hazards. 

When applying for council housing, you must meet the eligibility criteria. However, each council has a different one. For example, with some councils, you may apply for council housing from the age of eighteen, while with others, you may be aged sixteen.

After sending off an application for council housing, you must join the waiting list and wait to be contacted by the council when a property is available.

Housing Associations

Housing associations are not-for-profit organisations. This means that they are socially charitable and offer houses to those on a lower income who cannot afford private housing.

You may apply for social housing through a housing association if you are:

• Living in bad conditions
• Living with a disability
• Caring for a relative
• Leaving care or armed forces housing
• Homeless

When the housing association gives you a home, your rights within it depend on the type of tenancy agreement you have. However, like with council housing, it is the landlord’s responsibility to ensure the house is kept to a safe standard.

If you are living in social housing that your landlord is neglecting, you are able to make a complaint against them. For more information on how to do this, please continue reading this guide or contact one of our helpful advisors.

How Can Tenants Make Social Housing Complaints?

If you are a tenant of social housing, you have the right to make a complaint regarding the condition of your home to your social housing landlord.

If you notice that the condition of your social housing is not safe, you should first report it to your landlord through their complaints form. This is typically found on their website.

If you do not receive an adequate response or no action has been taken, you should then make a complaint to your landlord. For specific details on how to do this, visit your landlord’s website. However, landlords typically have a 2-stage complaints procedure:

• Stage 1: They must respond within 10 working days of the complaint being logged.
• Stage 2: They must respond within 20 working days of the complaint reaching this stage.

It is your landlord’s responsibility to respond to the complaint and fix the defect within your social home.

What To Do If Your Landlord Isn’t Responding

If you have addressed problems with your landlord through the social housing complaints process they have in place and have not received a response, there are further steps you can take to resolve the issue.

For example, you can escalate this situation to the Housing Ombudsman. If the complaint is referred to them, they will review it and investigate the matter. You can submit a complaint to the Housing Ombudsman by completing their complaint form.

Once a complaint has been made, the following 3-step procedure may take place:

• They will check if they can review the complaint, if so,
• They will explore a possible resolution
• If a resolution is not possible, they will complete a thorough investigation of the complaint

Depending on the outcome of the investigation, the housing ombudsman may send out orders and recommendations to your landlord. This will ensure that your social housing reverts to a safe condition.

If you would like more advice or support in making a complaint against your landlord, please do not hesitate to contact our advisors.

What Types Of Issues Can You Complain About?

As landlords are responsible for keeping homes in a well-maintained condition, there is no limit to the types of social housing complaints you can make against them. The list below provides some examples of the most common disrepairs that residents typically complain about if their landlords fail to address them.

• Damaged or missing roof tiles
• Structural cracks within walls or floors
• Penetrating damp or condensation mould
• Water leaks or roof leaks
• Faulty electrics
• Rotten doors or window frames
• Blocked drains
• Damaged belongings due to disrepair
• No running water
• Faulty boilers

Regardless of the type of disrepair in your home, you should address this with your landlord. It is their responsibility to take action and fix the issue to ensure you are living in a safe house.

If you have any problems with your social housing, you can always contact our advisors to discuss your options. They can explain the best way to address this with your landlord and determine whether you may be eligible to make a claim against them.

Can You Take Legal Action Against A Landlord?

If your landlord failed to fix your damaged social home, you may be able to take legal action against them and claim compensation for the condition of your home.

Under Section 11 of the Landlord and Tenant Act 1985, landlords have a legal obligation to carry out repairs and ensure the maintenance of the drains, gutters and external pipes. They must also ensure that the supplies of water, gas and electricity are kept in proper working order. This includes basins, sinks and baths. They must also ensure that installations for heat and hot water are also in proper working order. 

Therefore, if a landlord fails to fix a disrepair, tenants may make a housing disrepair claim against them to be compensated for the damage to their home and property. 

Can I Claim Compensation For My Injuries?

If a disrepair in your home caused you to suffer an illness or injury, you may be eligible to make a personal injury claim against your landlord if they failed to take sufficient action to fix it.

Under Section 4 of the Defective Premises Act 1972, your landlord may be held responsible for the disrepair and any harm this caused you. However, to be eligible to start a claim against them, you must meet the following claims criteria:

• Your landlord must have known about the housing disrepair
• Your landlord failed to fix it within a reasonable timeframe
• This resulted in you suffering an injury or illness

If the disrepair caused you to move into a new social home, and you meet the eligibility criteria, you might still be able to start a claim against your previous landlord. Please call our advisors for more information about this and to discuss any social housing complaints you made prior to moving.

Claim Time Limits 

Social housing disrepair claims typically have a 6-year time limit under the Limitation Act 1980. This period normally begins from the date you recognise the disrepair.

Our helpful advisors can provide you with more information on the time limit for your housing disrepair claim.

Evidence To Support Your Claim 

When making a housing disrepair claim against your landlord, you must obtain evidence to prove they failed to carry out a repair they were responsible for. If this disrepair then caused personal injury and you are also claiming you this, you will need to prove how your landlord was liable for the injury or illness you suffered.

You can support your claim by collecting the following evidence:

• A copy of your tenancy agreement or any social housing documents
• Copies of your medical records that show how the housing disrepair affected your health (if making a personal injury claim against them)
• Photographs of your injuries, such as a broken leg and photographs of the housing disrepair, such as a leaking roof
• Copies of correspondence between you and your landlord discussing the disrepair, such as copies of any social housing complaints you made along with your landlord’s response
• Witness contact details if they saw the housing disrepair or the effect this had on you

If you are struggling to obtain evidence, we have an experienced team of solicitors who can use their expertise to help you obtain evidence and build your case.

If you wish to start a housing disrepair claim against your landlord, please contact our advisors today. They can explain how you can make a complaint and claim compensation for the damage to your house and the harm it caused you.

Get Help From Legal Expert

At Legal Expert, our solicitors may help you take action against your landlord for the unsafe condition of your social housing. You can also instruct one of our personal injury solicitors to work on a claim for any injuries you suffered due to the disrepair.

We understand that the idea of seeking legal representation may be financially worrying. However, our solicitors offer their services on a No Win No Fee basis, through a Conditional Fee Agreement (CFA). This means that you do not have to pay upfront costs for your solicitor’s work.

If your claim is successful, you must pay your solicitor a success fee. However, this will be taken as a legally capped, small percentage of your compensation. If your claim is unsuccessful, you do not need to pay this. Our solicitors will utilise their professional expertise to ensure that you are awarded the compensation you deserve.

Contact Us

Our advisors are available 24/7 to give you advice on making a social housing complaints or help you start a housing disrepair claim. You can get in touch with them by:

• Visiting our ‘contact us‘ page
• Calling them on 0800 073 8804
• Messaging them on our live chat

Learn More

If you would like to read more information on making a complaint or compensation claim for social housing, you can access the helpful links below:

• A guide on how to make a complaint
• A guide on tenants’ rights to compensation for social housing repairs
• A guide on housing association disrepair compensation

References:

• Information on housing benefits, GOV.UK
• Information on housing disrepair legal obligations, GOV.UK
• Contact NHS mental health services, NHS.UK

We appreciate you taking the time to read this guide that explains how you can make social housing complaints against your landlord and how you may be eligible to claim compensation.

Wherever you take your holiday in the world, being sick is the last thing you want to experience. Unfortunately, food poisoning can turn a dream holiday into a nightmare. What you may not know is that you could make a claim for food poisoning on holiday.

If you’re seeking personal injury compensation after food poisoning on holiday, this guide can help. We will detail what food poisoning is and the most common types (and causes) of food poisoning abroad. Additionally, we explain how making a claim can help compensate for the pain, suffering, and financial impact of getting sick on holiday due to food poisoning.

We also detail the proactive steps you can take to build a strong compensation case and the time limits you have to launch a claim. The final section details how our solicitors could help by providing No Win No Fee terms to launch a compensation claim with no initial or ongoing legal fees.

Are you interested in discovering whether you have a valid claim for food poisoning on holiday right now? You can speak to our dedicated team of advisors for a no-obligation review of your claim:

• Call us on 0800 073 8804.
• Connect with us via our Contact us page.
• Open the small tab below to ask a question about how to claim for food poisoning on holiday.

Frequently Asked Questions

1. Am I Able To Claim For Food Poisoning On Holiday?
2. What Is Food Poisoning?
3. What Types Of Food Poisoning Are Most Common Abroad?
4. How Is Food Poisoning Caused?
5. What Package Holiday Food Poisoning Compensation Can I Get?
6. Can I Claim For Any Financial Losses Caused By The Food Poisoning?
7. What Should I Do If I Think I Have Food Poisoning On Holiday?
8. Am I Able To Start My Claim Whilst Still On Holiday?
9. What Can A Conditional Fee Agreement Do For Me?
10. More Information

Am I Able To Claim For Food Poisoning On Holiday?

Yes, you could claim if someone else was at fault for you suffering food poisoning while on a package holiday. On package holidays, providers have an obligation to provide reliable, safe, and correctly described services to those paying for them. These responsibilities are detailed in the Package Travel and Linked Travel Arrangements Regulations 2018.

To have a valid food poisoning on holiday compensation claim, you need to be certain that you meet certain eligibility requirements, namely:

• You were owed a duty of care by the package holiday tour operator at the time and place of illness.
• The tour operator failed to adequately meet their duty of care to you.
• The food poisoning was the result of this breach.

The claim may not be made against the hotel, restaurant, or food establishment that made you ill but rather the tour operator who vouched for them. So, if you feel that you have valid grounds to proceed with a claim for food poisoning on holiday, please keep reading.

Will The Country I Visit Affect My Claim?

A compensation claim could be different if you were made ill by a service that wasn’t part of the package deal. However, if food is included, the onus is very much on the package holiday provider to provide services that meet the required safety standards. 

So, if you suffer food poisoning from an excursion that was part of the package holiday, the tour operator could be liable for your food poisoning injuries. Call if you’re unsure, and the team will clarify your options.

What Is Food Poisoning?

Food poisoning is when food or drink contaminated by bacteria, parasites, or viruses makes a person ill. According to the NHS, food poisoning is not often serious and can be recovered in a matter of days with rest and plenty of fluids. It can be more concerning in babies and small children, and it’s important to monitor symptoms carefully.

How Can I Know If I Have Food Poisoning?

You might know you have food poisoning if you start to suffer symptoms such as:

• Nausea
• Vomiting
• Fatigue
• Chills or raised temperature
• Significant abdominal discomfort
• Altered bowel function
• Stomach cramps
• Diarrhoea

It is possible to experience a combination of these symptoms with varying degrees of severity. If you suffered food poisoning on holiday, you could have solid grounds to seek compensation from the tour operator responsible, so chat with our team to learn more.

What Types Of Food Poisoning Are Most Common Abroad?

Different types of food poisoning are more common abroad due to variations in climate and food safety standards. We explore the most commonly encountered:

• Salmonella: Commonly found in raw eggs and undercooked poultry.
• Norovirus: A common form of foodborne illness that causes stomach pain, diarrhoea and vomiting.
• Giardiasis: A parasitical infection that causes diarrhoea and abdominal cramps.
• Campylobacter jejuni: A bacterial infection that can cause illness for a prolonged period of weeks.
• Shigella: Transmitted through uncooked vegetables, salads and shellfish.
• Enterotoxigenic E. coli: A bacteria that causes the stomach to produce toxins which irritate the small intestinal tract.

There can be other forms of food poisoning, some of which might become life-threatening if not treated promptly. It’s important to seek medical attention for sudden and prolonged illness after eating and drinking. You can think about your claim options as you recover, and we can assist you with that if you get in touch.

How Is Food Poisoning Caused?

Food poisoning can be caused by several factors, including preparation issues and inadequate hygiene standards. The following are some examples of food poisoning causes:

• The hotel staff fails to clean a surface where both raw and cooked food is being prepared, allowing cross-contamination to occur.
• The poultry and meat at an outdoor barbecue are not cooked through properly, causing a holidaymaker to suffer nausea and vomiting.
• Whilst hosting a buffet at a Spanish restaurant, a tour operator leaves food uncovered for too long in the hot weather. Flies and insects land on the food, and several guests develop symptoms of norovirus.
• Refrigerated food on a tour-operated boat trip is left at room temperature for over 4 days. This failure to properly store the food allows bacteria to flourish, leaving several guests with serious gastrointestinal issues.
• Hotel staff do not follow appropriate hygiene standards and handle food without washing their hands. Consequently, multiple guests are left with food poisoning and long-term kidney damage.
• A hotel allowed a fast food van to serve kebabs and burgers on its premises that were not prepared, cooked, or stored correctly, and several people contracted food poisoning as a result.

Your example may differ, but the premise is the same. If you were made ill by food or drink provided as part of the holiday package you paid for, the tour operator could be liable to compensate you for the harm caused. 

What Can I Do To Avoid Becoming Sick?

There are several steps you can take to reduce the chances of contracting food poisoning while on holiday, such as:

• Regularly washing hands and eating from clean surfaces.
• Checking that the food is cooked thoroughly before eating.
• Using a food thermometer to check food temperatures are safe.
• Making sure it is safe to drink the tap water or use ice cubes.
• Carrying medication for sickness and diarrhoea.
• Avoiding sharing utensils or containers.
• Telling staff about any concerns you have regarding food hygiene or preparation. 

However, it’s important to remember that taking precautions may not be enough to offset negligent standards. You can discuss your experiences and how to claim food poisoning on holiday with our advisory team.

What Package Holiday Food Poisoning Compensation Can I Get?

You could get two types of compensation if your claim is successful: general and special damages. General damages consider the physical and psychological impact of your food poisoning injuries, including damage to the digestive system. Special damages, meanwhile, factor in any related financial losses. 

Solicitors sometimes calculate general damages using a publication called the Judicial College Guidelines (JCG). This document provides suggested guideline figures for a variety of injuries.

We’ve put together a table using JCG entries for food poisoning below (except for the first line). It’s essential to stress that every claim for food poisoning is different, meaning this table does not represent a guarantee of how much compensation you could receive.

Award Brackets

Harm	Severity	Compensation
More than one form of very severe harm and special damages, awarded for lost earnings, medical treatments, and ongoing care.	Severe	Up to £1,000,000 plus
Brain	Very severe	£344,150 to £493,000
	Moderately severe	£267,340 to £344,150
Kidney	Both kidneys seriously, permanently damaged or lost	£206,730 to £256,780
	Total loss of natural kidney function	Up to £78,080
Bowels	(a) Double incontinence	Up to £224,790
	(b) Complete loss of function	Up to £183,190
Digestive system	Severe (i) illness from non-traumatic injury, such as food poisoning or allergic reaction	£46,900 to £64,070
	Serious (ii)	£11,640 to £23,430
	Significant (iii)	£4,820 to £11,640

Our team are here to help, so feel free to get in touch if you have any questions about compensation.

Can I Claim For Any Financial Losses Caused By The Food Poisoning?

As mentioned, you claim for special damages if you experienced financial harm after suffering from sickness on holiday. You will need evidence such as:

• Proof of medical costs for any treatments and medicines.
• Wage slips showing the impact on your ability to earn.
• Receipts for amounts paid to others for domestic support.
• Travel expenses to essential appointments.
• Additional costs for childcare arrangements.

Evidence like this can be used to calculate special damages compensation both now and any costs or losses predicted in the future. Get in touch to see how our expert solicitors could calculate the compensation owed to you.

What Should I Do If I Think I Have Food Poisoning On Holiday?

If you think you have suffered food poisoning on holiday, the first thing to do is seek medical attention. Whilst over-the-counter remedies are sometimes sufficient, food poisoning can often start as mild nausea or raised temperature and worsen over a short period of time.

You should also inform your tour operator and others, such as hotel staff, as soon as possible. Whenever practical, try to gather evidence showing how others may have caused the food poisoning. This proof could include:

• Photographs of the meal, serving area, or menu.
• A small sample of the food that you believe made you ill.
• The contact details of anyone who could support your version of events. 
• A confirmation that the restaurant, bar, or buffet was part of the package holiday deal.
• Copies of the tour operator’s terms and conditions.
• The findings of any medical professional who treated you.

Our solicitors can help you gather supporting evidence, including witness statements, to strengthen your claim. If you’d like to find out how they could help your claim for food poisoning on holiday, feel free to speak to our advisory team.

Am I Able To Start My Claim Whilst Still On Holiday?

Yes, you can initiate a personal injury claim for food poisoning, even on holiday. In the UK, there is a time limit for starting a claim of 3 years, as detailed in the Limitation Act 1980. This time frame typically starts from either the date of the initial injury (immediate sickness) or the date that you fell ill and connected food poisoning with negligent standards (date of knowledge).

However, as we touched on, time limits can vary by country, so it’s best to seek legal advice concerning your specific circumstances. Moreover, time limits do not apply to those under 18 and individuals who lack sufficient mental capacity since they cannot legally launch personal injury claims by themselves.

In either case, the time limit is paused unless certain conditions are met:

• Minors have 3 years to initiate a claim from the date of their 18th birthday.
• Individuals with a mental incapacity are only subject to the 3-year time limit if their ability to launch a claim returns independently. This time limit will start to run down from the date of recovery.

Alternatively, a litigation friend can be appointed to claim on their behalf while the limitation period is paused. This role can be filled by a parent or another concerned party, such as a solicitor.

For further details about litigation friends and time limits, please contact the advisory team using the options below.

What Can A Conditional Fee Agreement Do For Me?

A Conditional Fee Agreement (CFA) is a type of Win No Fee contract which helps you use the services of a solicitor without the prospect of mounting fees for their work. Under a CFA, you can access legal representation without upfront or ongoing solicitor fees. Furthermore, no fees are owed to the solicitor for finished work if the claim fails.

If the claim outcome is in your favour, a CFA solicitor only deducts a small and pre-agreed percentage from the compensation as their success fee. This fee is agreed upon at the start, and the percentage is subject to a legal cap, ensuring you benefit the most from any compensation payout.

Legal Expert’s No Win No Fee Solicitors

If the case qualifies, you can expect a wealth of excellent legal services such as:

• Immediate legal representation to start your claim within the time limit.
• Solid calculations of exactly what is owed to you now and potentially in the future.
• A robust defence of your best interests at all times.
• Total control of the communication with the other side.
• A professionally represented claim at all times.

Additionally, they will explain legal jargon and guide you through the personal injury claim process. You don’t have to use the services of a solicitor to launch a claim for food poisoning on holiday, but we always recommend seeing how you could benefit.

Why not take a moment to speak with our advisors about how to claim compensation with the help of our specialist solicitors? You can:

• Call us on 0800 073 8804 for a free initial consultation.
• Connect with us via our website and Contact us online.
• Open the small tab below to ask a question about how to claim for food poisoning on holiday.

More Information

The focus of this guide was how to claim for food poisoning on holiday. These others explore other topics:

• Discussing public liability claims more broadly.
• Looking at abdominal injury claims.
• Claiming for an injury on day trips.

External resources to help:

• Government guidance for businesses concerning linked travel obligations.
• Food Standards Agency advice about food poisoning.
• Getting treatment for illness abroad.

We hope this guide on making a claim for food poisoning on holiday has been useful.

 

Have you suffered from whiplash, and possibly other injuries, as a result of being in a car accident that wasn’t your fault? If so, please continue reading this guide, as we talk about the Whiplash Injury Regulations 2021 and how it affects the way car accident claims are made. 

Key Things To Know About Whiplash Claims:

• The Whiplash Injury Regulations 2021 may affect your road traffic accident claim if you are over the age of 17, have sustained whiplash injuries, and were injured as a driver or passenger of a vehicle.
• Road traffic accident compensation can cover your physical and mental suffering, as well as any money you have lost as a result of this suffering. 
• Our specialist solicitors could help you claim for whiplash on a No Win No Fee basis. 

Whiplash is one of the most common car accident injuries and can be very uncomfortable and long-lasting. If you are suffering due to someone else being negligent on the road, please have a chat with us today. We can talk with you about your situation and give you clear advice on what you can do next. You could also be potentially connected with our specialist No Win No Fee solicitors, who have years of experience and have already won over £80 million in compensation for their clients.

Our contact services are completely free to use, and live 24/7:

• Call 0800 073 8804. 
• Fill out the form on our ‘Contact Us’ page. 
• Send a message into our live chat box feature on the screen.

Jump To A Section:

1. The Whiplash Injury Regulations 2021
2. How Much Whiplash Compensation Could I Get Under The New Reforms?
3. The Reason Why The Whiplash Regulations Were Introduced
4. How Are The New Reforms Different To The Old Process?
5. How Can I Make A Claim For The Whiplash Injury Regulations 2021?
6. Get Legal Expert’s Help With Your Whiplash Claim
7. More Information

The Whiplash Injury Regulations 2021

The way certain road traffic accident claims in England and Wales are made were recently changed by the Whiplash Reform Programme. 

Now, if you match this criteria, the whiplash injuries you have are valued by the fixed tariffs set out in the Whiplash Injury Regulations 2021:

1. You were a driver or passenger of a vehicle when you were injured. 
2. You are over the age of 17. 
3. Your injuries (such as whiplash) have a value of £5,000 or less.
4. The accident occurred in England or Wales.

If you have sustained any injuries that are not covered in the above tariffs, they will be valued in the traditional way. Additionally, if your injuries combined have an overall value of more than £5,000, then your claim will be made in the traditional way, but the above tariffs may still apply. 

How Do I Know If I Can Make A Whiplash Injury Claim?

You may be able to make a whiplash injury claim if you meet this eligibility criteria:

1. You were owed a duty of care on the roads. 
2. This duty of care was breached because a road user was negligent. 
3. You sustained an injury, such as whiplash, as a result of this breach. 

All road users owe one another a duty of care while they are on the roads. To comply with their duty of care, all road users must ensure one another’s safety by following the rules set out in the Road Traffic Act 1988 and The Highway Code. 

Here are a few ways a road user could breach their duty of care and potentially cause another road user to suffer an injury, such as whiplash:

• A drunk driver fails to realise the distance between their vehicle and the traffic ahead, leading to a rear shunt collision with the car in front. 
• A driver fails to abide by the traffic lights, and runs through a red light. This leads to a T-bone collision with another car at the 4-way junction. 
• A driver is speeding. So, when the car in front of them starts braking, they cannot slow down in time, leading to a rear-end collision. 

If you believe you meet the above road traffic claims eligibility criteria, we encourage you to contact us today. It is absolutely free to do so, and after having a quick chat about your circumstances, we will be able to confirm your compensation claim eligibility. 

How Much Whiplash Compensation Could I Get Under The New Reforms?

Under the new Whiplash Injury Regulations 2021, whiplash injuries that last between 18-24 months are generally valued at £4,345 if psychological damage has been suffered as well. 

However, a whiplash injury claim could be worth more if additional injuries and losses are taken into consideration, such as loss of amenity and financial losses. So, for a more accurate idea of how much you could be eligible to claim for whiplash, it is best to have a chat with us.

All car accident claims are valued differently depending on two heads of claim:

• General damages – the physical and psychological injuries you have suffered as a result of the car accident. 
• Special damages – the financial losses you have suffered as a result of your physical and psychological injuries, such as loss of earnings.

The Judicial College Guidelines (JCG) is a document often used by legal professionals to help value the worth of general damages. This document contains different physical and psychological injuries, with guideline compensation brackets for each.

For the table below, we have included some whiplash injuries from the Whiplash Injury Regulations 2021, plus some additional injuries from the JCG, which you may have suffered alongside whiplash. 

Please note that the top figure is not from either of these documents, and keep in mind that all of these figures are a guideline and cannot be guaranteed. 

Injuries	Severity	Guideline compensation
Multiple serious road traffic accident injuries plus special damages	Serious	Up to £500,000+
Chest	Traumatic injury to chest or lungs (b)	£80,240 to £122,850
	Simple injury that causes some permanent tissue damage (d)	£15,370 to £21,920
Arm	Injuries that result in permanent and substantial disablement (b)	£47,810 to £73,050
	Simple forearm fracture (d)	£8,060 to £23,430
Whiplash injuries with psychological damage	Lasts between 18-24 months	£4,345
	Lasts between 15-18 months	£3,700
Whiplash injuries	Lasts between 18-24 months	£4,215
	Lasts between 15-18 months	£3,005

If you don’t see the injuries you suffered on the table, why not give us a call? An advisor from our team will be happy to discuss the potential value of your injuries as well as provide advice on what items you could be reimbursed for under special damages.

The Reason Why The Whiplash Regulations Were Introduced

The reason why the Whiplash Injury Regulations 2021 were introduced was to save a significant amount of money for insurance companies, which then allows them to invest that money back into their customers. 

According to the Association of British Insurers (ABI), over 1,500 whiplash claims are made every day in the UK, which used to cost the insurance industry more than £2 billion each year. This added about £90 to the average annual motor insurance premium. 

By introducing the Whiplash Injury Regulations 2021, the Government hoped to decrease the volume and costs of exaggerated claims as well as reducing annual motor insurance premiums.

How Are The New Reforms Different To The Old Process?

Here are differences between the old process and the new Whiplash Reform Programme:

• The small claims limit for general damages has risen now from £1,000 to £5,000 for road traffic accident injuries.
• Whiplash injuries and soft-tissue injuries now have a fixed compensation tariff, banded by severity. 
• Low-value small claims for motor vehicle accidents are now made in a different manner.
• In a low-value claim, people can no longer recover their legal costs, which is now deducted from settlements up to £5,000. 
• Some minor injuries are now classed as low-value, such as simple fractures where there are no complications. 
• Whiplash claims cannot be settled unless there is medical evidence of the injury.

However, as we have previously stated, not all road traffic injury claims are affected by these changes. 

If you have suffered whiplash and want to learn more about how the Whiplash Injury Regulations 2021 may affect your compensation claim, please have a chat with us today about your circumstances.

How Can I Make A Claim For The Whiplash Injury Regulations 2021?

The first step to begin a claim under the Whiplash Injury Regulations 2021 is to contact us. Simply tell us how you suffered your whiplash injuries, and we can evaluate whether you’re eligible for compensation.

After that, you don’t need to worry, as you will be guided through each step of the claims process and will be told what you need to do next. Simply leave it to us, and we will do the complicated legal work for you so that you can focus on recovery. 

However, you must contact us about starting a claim within the claim’s limitation period. This limitation period is 3 years, running from the accident date, as per the Limitation Act 1980. 

This 3-year time limit to begin a whiplash claim applies to all claimants, except for those who:

• Are younger than 18. 
• Do not have their full mental capacity.  

This is because the above claimants are unable to make their own claim. 

In these cases, a litigation friend can be appointed to start a whiplash claim on the claimant’s behalf. But, a litigation friend can only step in up until the claimant can make a claim for themselves, which happens when the claimant either:

• Turns 18 (meaning they will have 3 years to claim from their 18th birthday).
• Gains their full mental capacity (meaning they will have 3 years to claim from the date of recovery).

If you would like to know more about making a whiplash claim on someone else’s behalf, please feel free to contact us about this today. 

What Evidence Do I Need To Make A Whiplash Claim:

Having evidence is a crucial part of the whiplash claims process.

Here are the types of evidence that can prove you have suffered negligence and can best support your whiplash claim:

• Dash-cam footage of the incident.
• CCTV footage of the incident. 
• Contact and vehicle details from the negligent driver, including their insurance details. 
• Contact details from potential witnesses to the accident. Your solicitor can ask them to give a statement later on in the claims process. 
• Copies of your medical records that show what injuries you have sustained from the accident, and how severe they are. 
• A diary where you have recorded your symptoms and what treatment you’re receiving. 

If you connect with one of our solicitors to help you with your whiplash injury claim, they will be able to help collect your evidence for you. This is just one of the many things provided in our solicitors’ services. 

Get Legal Expert’s Help With Your Whiplash Claim

Our No Win No Fee solicitors at Legal Expert can help you in numerous ways with your whiplash claim. They can:

• Help collect your evidence. 
• Set you up with rehabilitation specialists. 
• Negotiate to ensure that all of your suffering is covered within the compensation. 
• Send any correspondence on your behalf. 
• Guide you through each step of the claims process without the complex legal jargon. 
• Help you no matter where you are based in the country. 
• Use their years of high-level training and knowledge to ensure that the claims process gets handled as smoothly as possible. 
• Find legal representation for you if the case gets sent to court (which will be unlikely, as most whiplash claims are settled out of court).

Because all of our solicitors work on a No Win No Fee basis (specifically through a Conditional Fee Agreement), this basically means you pay nothing for your solicitor’s services unless the claim is successful. Even when the claim is successful, your solicitor’s service charges will just get taken out of your compensation as a ‘success fee’. The ‘success fee’ is a percentage, which is always legally capped to ensure that the majority of the whiplash compensation goes to you.

Contact Our Solicitors

Contact us today to find out whether you’re eligible to make a whiplash claim and connect with our specialist solicitors. Our solicitors strive to give you the best customer service and to ensure that the claims process is as easy as possible for you. Please feel free to discuss your circumstances with us at any time:

• Call 0800 073 8804. 
• Fill out the form on our ‘Contact Us’ page. 
• Send a message into our live chat box feature on the screen.

More Information

For similar information regarding compensation claims, please browse a few of our other guides below:

• Read some FAQs about personal injury claims.
• Everything you need to know about car accident law.
• How to claim compensation on behalf of a child.

Additionally, it may be useful for you to browse through these other pages:

• Gov.UK – information about vehicle insurance.
• Motor Insurers’ Bureau (MIB) – information about making a car accident claim against an uninsured or untraceable driver.
• NHS – how to treat whiplash.

Thank you for reading our guide all about the new Whiplash Injury Regulations 2021 and its changes. If you want to make a claim enquiry after suffering whiplash in a car accident, please feel free to contact us at any time. Our friendly advisors are here to help 24/7.

Patrick’s Qualifications

Patrick is a Grade A personal injury solicitor. He qualified in 2005 with a local Liverpool firm and has over 20 years of experience as a lawyer.

Patrick holds a Bachelor of Arts (BA) and a Post Graduate Diploma (PgDl) in Law and has successfully pursued hundreds of cases in his career.

Career Highlights

Patrick was the driving force behind the well-known case, Billie Mae Smith v McDonalds. The case focused on the applicability of costs recovery in a No Win No Fee case relating to pre-action disclosure. It was a complex and technical issue and Patrick achieved a successful outcome.

Meet Patrick Mallon

I enjoy all aspects of employer and public liability claims. We deal with a whole range of public liability claims here at JF Law including trips and slips, injuries caused by defective products and during beauty treatments.

I joined the law firm in 2018 after having worked as head of the EL/PL department at another well-known local firm. No matter how big or small your claim is I place a great emphasis on client care to ensure that whoever represents you at JF Law you are sure to receive excellent customer service.

Away from the office, my young children take up most of my time but if I ever do get time to myself, I like to spend it running and then relaxing with a beer.

Find Out More About Patrick

• SRA Profile
• Law Society Profile
• LinkedIn Profile

With Britain’s overcrowded prisons hitting record levels last year, concerns over the safety of both staff and inmates have grown.

The latest published prison population statistics show there are only just over 1,000 spaces left in men’s prisons, prompting former justice secretary David Gauke to release his Independent Sentencing Review (ISR) earlier than expected. 

In the interim report, Mr Gauke says he is confronting ‘the consequences of decades of haphazard policy-making and underinvestment in the criminal justice system – bringing it to the brink of collapse.’

Mr Gauke says he is confronting ‘the consequence of decades of haphazard policy-making and underinvestment in the criminal justice system – bringing it to the brink of collapse.’

In September, the government’s SDS40 (standard determinate sentencing) scheme saw prisoners released just 40 per cent of the way through their sentence. 

In the time frame, for every 100 people released from prison, 67 were recalled. Although Mr Gauke’s report does acknowledge that ‘factors including the introduction of a mandatory supervision period for shorter sentences, and heightened probation officer risk aversion… have contributed to this increase.’

But while the prison system undergoes review and reform, costs continue to be incurred – including compensation payouts to prisoners for injury claims.

To gain a full understanding of the scope of the issue, Legal Expert set out to uncover the true cost of prisoner injury claims

How Legal Expert Can Help

Here at Legal Expert, we can help anyone who has suffered a personal injury through no fault of their own. If you have suffered harm as a prisoner conducting work tasks, if you’ve been injured by staff, or suffered harm caused by another inmate, get in touch today for free advice.

How We Conducted Our Research

We sent out Freedom of Information (FOI) requests to the Ministry of Justice (MoJ) asking for the number of prisoner injury claims lodged in the last three years, broken down by UK prison and by year.

We also asked how many of those claims were settled and the total amount of damages awarded each year as well as the number of refused claims and the top injuries cited.

Results: Statistics On Prisoner Injuries and Claims

Prisoner injury claims in the UK have cost the MoJ an eye-watering £9.8m in the last five years. 

The most common injuries were from prison bunk beds – resulting in £4.5m being paid to inmate claimants since 2022. 

Some £2.8m was paid in damages settling claims related to slips, trips and falls and a further £446K was paid for asbestos-related injuries. 

HMP Aylesbury

HMP Bedford

HMP Belmarsh

HMP Berwyn

HMP Birmingham

HMP Brinsford

HMP Bristol

HMP Brixton

HMP Buckley Hall

HMP Bullingdon

HMP Cardiff

HMP Channings Wood

HMP Chelmsford

HMP Coldingley

HMP Durham

HMP Elmley

HMP Mallet

HMP Humber

HMP Exeter

HMP Featherstone

HMP Frankland

HMP Full Sutton

HMP Garth

HMP Guys Marsh

HMP Haverigg

HMP Hewell

HMP Highdown

HMP Highpoint

HMP Holme House

HMP Lancaster Farms

HMP Leeds

HMP Leicester

HMP Lewes

HMP Lindholme

HMP Littlehey

HMP Liverpool

HMP Norwich

HMP Nottingham

HMP Pentonville

HMP Preston

HMP Swansea

HMP Wandsworth

HMP Wayland

HMP Wealstun

HMP Wetherby

HMP Woodhill

HMP Wormwood Scrubs

HMP Wymott

HMP Isle of Wight

HMP Isis