Author Archives: Patrick Mallon

About Patrick Mallon

Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and head of our EL/PL department, which handles accidents at work and public liability claims, such as slips, trips and falls. He qualified in 2005 and has over 20 years of experience. Patrick is an expert No Win No Fee lawyer and well-known for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor here. Get in touch today for free to see how Patrick and the team can help you.

Types Of Personal Injury Claims | How To Claim Compensation

Have you been injured in an accident that wasn’t your fault? Are you unsure as to whether you may be able to claim compensation? Our guide will explore the most common types of personal injury claims, as well as who may be liable for your injury and how one of our No Win No Fee solicitors could help you with claiming compensation.

We understand that it can be difficult to know what to do after suffering a personal injury, and our helpful advisors are available to discuss your next steps with you. This could include discussing rehabilitation and recovery, or examining whether you may have an eligible claim for compensation.

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If you have any questions about your potential personal injury claim, please contact us.

Warehouse worker accident, with a colleague offering first aid

Select A Section

  1. Are There Different Types Of Personal Injury Claims?
  2. Road Traffic Accident Claims
  3. Claiming For Accidents At Work
  4. What Are Public Liability Claims?
  5. Fatal Accident Claims
  6. Legal Expert’s No Win No Fee Personal Injury Solicitors
  7. Learn More

Are There Different Types Of Personal Injury Claims?

There are different types of personal injury claims. Accidents can take place in a range of different situations and places, and all of these scenarios become different types of personal injury claims. In any case of personal injury, three factors must be established in order for the claim to be deemed valid:

  1. Somebody owed you a duty of care.
  2. The person who owed you this duty has breached it.
  3. The breach led to your personal injury.

If all three components are present, this will amount to negligence. All cases of personal injury must show that negligence occurred.

A personal injury could happen as an accident at work, a public liability accident or a road traffic accident. Below, we discuss how these types of personal injury claims can happen.

Road Traffic Accident Claims

Road traffic accidents are a common way for personal injury to occur; you may have been involved in a car accident, or even as a cyclist or pedestrian. The Department for Transport reports that in 2024, there were an estimated 128,920 casualties of all severities from road collisions.

Whilst on the roads, all users, including pedestrians, drivers and cyclists, are owed a duty of care by all other road users and in turn also owe this duty of care. Per their duty of care, they need to use the roads in a way that avoids causing harm or damage. They also need to abide by the Road Traffic Act 1988 and the Highway Code.

Some examples of when you may be able to make a road traffic accident claim include:

  1. You are cycling on the road. As you indicate to turn left, a car fails to notice as they were distracted by their phone and knocks you off your bike. You hit the floor and fracture your arm as a result.
  2. You are in a taxi as a passenger. Your taxi driver is exceeding the speed limit, causing them to lose control of the vehicle and crash into a bollard. You suffer a whiplash and a back injury from the impact.
  3. You are using the road as a motorcyclist, and a car pulls in front of you abruptly as it fails to check whether it was safe to merge. You drive into the back of the car and come off your bike, sustaining a broken leg as a result.

The New Whiplash Regulations 2021

The Whiplash Reform Programme changed the way claims for whiplash are made in England and Wales. Per this, if your claim meets the following requirements, it will now need to be made via a different route:

  • Have been 18 or over at the time of the accident.
  • Have injuries valued at £5000 or less.
  • Have been injured as a passenger or driver of a vehicle.

Please note that any person claiming whiplash must satisfy the requirements of negligence as well as the above criteria in order to have a successful claim.

The Whiplash Injury Regulations 2021 have also made adjustments to the way that whiplash is calculated. All claims are calculated on a fixed tariff basis.

To learn whether you may need to make your claim via the new aveanue, you can contact our advisors.

An injured cyclist lies on the floor next to broken bike and blood on the floor

Claiming For Accidents At Work

Personal injury can result from an accident at work. The Health and Safety Executive (HSE) reported that 61,663 non-fatal employee injuries were reported by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

Whilst at work, the duty of care owed to you is established in the Health and Safety at Work etc. Act 1974. This outlines that employers owe all employees a duty of care to take all reasonable steps to ensure the health, safety and well-being of their employees.

Some examples of when you may be able to make an accident at work claim include:

  • You might have been walking from your desk to another area in the office when you tripped on a losse computer wire that had not been tidied away or secured down, causing you to suffer a leg and an arm injury.
  • You may have been painting on a ladder when you fall from a height due to the ladder having a known defect, causing you to suffer a head injury.
  • You might have been operating machinery when your finger gets stuck due to the machine malfunctioning, as it had not been regularly maintained. This causes your figner to become crushed and later require an amputation.

If you have had an accident at work, contact us today to see how our solicitors could help you.

What Are Public Liability Claims?

Public liability claims are a type of personal injury claim made following an accident that happened in a public place.

In line with the Occupiers’ Liability Act 1957, an occupier (the person in control) of a public space must take steps to ensure visitors are reasonably safe whilst on the premises.

Some examples of when you may be able to make a public liability claim include:

  1. You are in the supermarket, and slip and fall on a spillage. There was no wet floor sign, and the spillage was left unattended. You suffered a back injury as a result of your slip.
  2. You were in the gym, using a piece of faulty equipment that had not been signposted, warning members to not use this piece of machinery. It malfunctions and you suffer a rib fracture and arm injury.
  3. The railing in the stairwell of a hotel was faulty, causing you to fall down the stairs and suffer a back and head injury.

If your personal injury happened in a public place, call us today to see how our advisors can help you start your claim.

Fatal Accident Claims

Fatal accident claims can be made where the victim has unfortunately died as a result of their injury. This could have occurred in a road traffic accident, an accident at work, or a public liability incident.

The same eligibility requirements must be met when making a fatal accident claim.

Some examples of when a fatal accident claim could be made include:

  • A driver suffered a fatal head injury at the were hit by a drunk driver.
  • Scaffolding on a construction site was not erected properly, causing a construction worker to fall from a height and suffer multiple fatal injuries.
  • The chandelier in a hotel was not installed correctly, causing it to fall, and a customer suffered a fatal crush injury to the chest.

In regard to who can make this type of claim, under the Law Reform (Miscellaneous Provisions) Act 1934, the estate of the deceased is the only party that can make a claim within the first 6 months of death. They can make a claim for the deceased’s pain and suffering as well as their financial losses caused by their fatal injury. They can also make a claim on behalf of the deceased’s dependents.

If no claim has been made on their behalf within these 6 months, the dependents can make a claim for the impact the death has had on them, per the Fatal Accidents Act 1976.

If you have any questions about the different types of personal injury claims that could be made or how we could help you, please contact us today.

Firefighters and police attend a serious car crash, debris scattered on the floor.

Legal Expert’s No Win No Fee Personal Injury Solicitors

Our No Win No Fee solicitors could help you with your personal injury claim. Our team have years of experience working on various types of personal injury claims. Additionally, by offering their services to you under a Conditional Fee Agreement, you could experience the following benefits:

  • Not having to pay anything for your solicitor to begin working on your claims.
  • You will not have to pay for your solicitor’s fees during the claim process.
  • If unsuccessful, you would not have to pay for the work your solicitor provided.

A success fee would be deducted from your compensation at the end of your claim if it is a success. The percentage of this fee is capped in line with the Conditional Fee Agreements Order 2013.

In additiona to working on your claim on a No Win No Fee basis, one of our solicitors could help you with:

  • Ensure your claim is started within the time limit set by the Limitation Act 1980. (This is generally 3 years).
  • Explain legal jargon.
  • Advise you on the best course of action.
  • Advocate on your behalf to get the best settlement.
  • Gather evidence on your behalf to support your case.
  • Organise an independent medical assessment.
  • Arrange rehabilitation for you and your injuries.

Contact Us

We hope that our guide on the different types of personal injury claims that we could help you with has been useful. If you are wondering how our solicitors could help you or would like to discuss your specific case with one of our advisors, contact us today:

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Thank you for reading this guide on the types of personal injury claims we could help you with.

How Can I Claim Chemical Burn At Work Compensation?

Welcome to our guide on claiming chemical burn at work compensation. Experiencing a chemical burn at work can be a painful experience. In some instances, the injured person may experience permanent scarring. Therefore, a person who has suffered chemical burns may also suffer psychological trauma because of their appearance. Moreover, severe chemical burns can lead to a permanent disability that forces the injured person to leave their job.

Chemical burn at work

Chemical burn at work

Workplaces should protect their employees from hazards, such as corrosive chemicals. Have you experienced a chemical burn in the workplace due to employer negligence? Then your employer may owe you compensation for your injuries.

Legal Expert can help you to claim compensation for chemical burns. We can connect you with a skilled personal injury lawyer. And we can offer free legal advice about claiming compensation for a workplace accident.

To see if you can begin your chemical burns accident claim, please call us on 0800 073 8804. Or you can use our claim online form today and we can get back to you.

Select A Section

  1. Introduction: What Is A Chemical Burn?
  2. How To Make A Valid Personal Injury Claim
  3. When Could I Claim Chemical Burn At Work Compensation?
  4. What Treatment Do Doctors Recommend?
  5. Potential Consequences Of Chemical Burns
  6. Where Could An Accident Take Place?
  7. Statistics For Personal Injury Claims At Work
  8. What Evidence Could Prove My Chemical Burn At Work Compensation Claim?
  9. The Initial Steps After Suffering Burns In The Workplace?
  10. How Much Could My Chemical Burn At Work Compensation Be?
  11. How Could A No Win No Fee Solicitor Help Me?
  12. Use Legal Expert For Your Injury Claim
  13. Further Information On Claiming Chemical Burn At Work Compensation

Introduction: What Is A Chemical Burn?

Chemical burns are burn injuries that occur if we come into contact with hazardous chemicals. A person can suffer a chemical burn on the skin or other places that aren’t protected, such as the eyes, lungs or lips.

Contact with the following chemicals can create chemical burns:

  • Ammonia
  • Sulphuric acid
  • Nitric acid
  • Sodium hydroxide

A minor chemical burn can be uncomfortable and painful but will heal over time. However, a severe burn can have permanent scarring effects. Moreover, in the facial area particularly, it can lead to disfigurement. Likewise, if hazardous chemicals get into a person’s eyes, they can become blind. Or the chemicals can damage the person’s vision. Therefore, a chemical burn can be a life-changing injury.

If you have suffered a chemical burn from work due to employer negligence, it’s only right that you can claim compensation. This guide will explain how to claim chemical burn at work compensation. We will also look at how burn injuries can happen. And what chemical burn treatments doctors recommend. To see if you can begin your claim, please get in touch with Legal Expert today. Or continue reading this guide to learn more.

How To Make A Valid Personal Injury Claim

Employers owe their employees a duty of care, which means providing a safe and hygienic working environment. There is legislation to protect people in the workplace, such as the Health and Safety at Work etc. Act 1974, which states that employers are responsible for their worker’s health, safety and welfare when they are on their premises. Our guide to your rights after an accident at work has more information.

Moreover, there is specific legislation relating to chemicals at work. The Control of Substances Hazardous to Health Regulations 2002 requires employers to conduct risk assessments and apply measures to avoid accidents relating to hazardous substances.

So, it could be seen as negligence for an employer not to carry out proper chemical burn work safety practices. By doing so, an employer could be putting their workers at risk.

Claiming Compensation For A Chemical Burn At Work

It’s important to note that you don’t need to use the services of a solicitor to claim. However, we believe that the support of a legal professional can make a difference. Your solicitor must be able to prove the following for your chemical burn at work compensation claim to be successful.

  • First of all, your employer owed you a duty of care.
  • Furthermore, your employer breached their duty of care, which caused an accident or incident.
  • Finally, you experienced chemical burn scars or injuries as a direct result of the accident.

You may feel unsure about whether or not you qualify for compensation. You are welcome to call us and an advisor can assess your case. Then we can advise you on the best course of action to take.

When Could I Claim Chemical Burn At Work Compensation?

You might be owed compensation if your employer failed to reasonably protect you from chemical burns at work.

What chemical burn at work safety precautions should an employer take?

Employers should carry out regular risk assessments to identify hazards, such as those that can cause chemical burns at work. And employers should apply control measures to remove or minimise the risk a hazard poses to employees.

For example, an employer should ensure that containers are appropriate to avoid spillages that can cause chemical burns. Moreover, workplaces should check equipment regularly to ensure that chemicals do not leak and injure an employee.

Employers should also ensure that they provide workers who use chemicals with the correct PPE where necessary, including protective goggles and gloves. The Personal Protective Equipment at Work Regulations 1992 requires employers to do so as a last resort.

Additionally, employers must record injuries at work, such as chemical burns.

Chemical Burn At Work Compensation

So, if your workplace unreasonably fails to protect you from chemical burns, you may be eligible to claim chemical burns at work compensation. To begin your claim, please get in touch with us today.

What Treatment Do Doctors Recommend?

A chemical burn can be a serious injury. If you or someone else experiences a chemical burn, you could do the following to help:

  • Remove the chemical from the skin. But be careful not to spread the chemical, or this could burn more of the skin.
  • Remove any clothing that has been contaminated with the chemicals. Cut away the clothing to prevent chemicals from spreading elsewhere onto the body.
  • Rinse the skin with clean, cool water. Do not rub or wipe the chemicals.
  • Call an ambulance and follow instructions from the telephone operator.

If you can, please wear disposable gloves while helping the casualty. The gloves can protect your hands from being burned.

Hospital Treatment For Chemical Burns

A patient who has experienced chemical burns may receive the following treatment in hospital:

  • The medical practitioners may continue to clean the chemical substance off the burn until removed.
  • The wound may be cleaned and dressed. The dressing may have to be changed regularly to prevent a chemical burn infection.
  • If necessary, the patient will get a tetanus jab.
  • And the patient may be given chemical burn pain relief.

If your compensation for chemical burns at work claim is successful, you could recover the cost of prescriptions and bandages.

Potential Consequences Of Chemical Burns

Chemical burn injuries vary in terms of severity. Let’s look at the consequences of experiencing a chemical burn below.

Consequences Of Minor Chemical Burn Injuries

Minor burns injure the top layer of the skin. The burns may need to be treated at the hospital. If the patient experiences second-degree burns, the patient may experience chemical burn blisters. As a result, the patient may experience minor scarring.

Consequences Of Severe Chemical Burn Injuries

Severe burns may need to be treated with a skin graft and other plastic surgery techniques. The patient can still be left with chemical burns scarring even with treatment.

What’s more, if a patient has chemical burns on their eyelids or in their eyes, they may lose their sight.

Unfortunately, chemical burns can also damage the muscles and cause nerve injuries. Therefore, the patient may lose feeling or movement in the affected area. The patient may experience ongoing mobility issues. Consequently, the injured person may have to leave their job or struggle to live independently.

If you find yourself in such a situation, and your injuries were caused by employer negligence, you may be able to recover the financial losses if you make a claim.

Where Could An Accident Take Place?

You could claim compensation for chemical burns at work if your employer caused them through negligence. The following types of incidents are examples of how chemical burns can happen because of an employer’s negligence.

  • A leisure centre could fail to take proper precautions to ensure the chlorine they use to treat their pool water is safe. Therefore, the off-gas or byproducts of pool chlorine could cause burns.
  • A lab technician may not have been provided with the right personal protective equipment (PPE) by their employer for working with hazardous chemicals. Subsequently, the technician may experience avoidable chemical burn injuries.
  • A hairdresser could experience a chemical burn from bleach if they are not provided with gloves to protect their hands.

Statistics For Personal Injury Claims At Work

There are regulations to protect workers who may encounter hazardous chemicals at work. However, despite these regulations, people are burned at work each year.

The Health and Safety Executive (HSE) is a government body that records injuries in the workplace as reported under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

HSE statistics show how many employers reported reported non-fatal burns at work, as we demonstrate in the chart below. It’s important to note that not all of these burns will be chemical; they’ll include water and steam burns too. What’s more, these burns will only be those that can be reported, meaning they:

  • Cover over 10% of the body; or
  • Cause eye damage, respiratory system damage or damage to other vital organs; or
  • Cause the sufferer to be absent for 7 consecutive days (including non-working days).

chemical burn at work compensation statistics graph

As you can see, employers must take special chemical burn work safety precautions to protect their workforce. Even in 2020/21, when much of the population was unable to access workplaces due to lockdown, there were 983 reported burn injuries.

What Evidence Could Prove My Chemical Burn At Work Compensation Claim?

As part of your chemical burn at work compensation claim, you will need to provide some evidence. This evidence will be used to show both that your employer failed in their duty of care, but also what injuries you sustained.

Some examples you could use following a chemical burn at work can include:

  • Medical evidence such as notes of examinations, test results, copies of any scans that were performed.
  • A copy of your incident report from the workplace accident book.
  • Other workplace documents such as training records, maintenance logs and PPE paperwork.
  • Keep any articles of PPE that were defective.
  • If available, you can request CCTV footage of the incident taking place.
  • If any of your colleagues were present when you were injured, they could provide a witness statement. Make sure you have their up to date contact information.

To learn more about how you can prove employer liability in your chemical burn at work claim, contact our advisors using the number given below. Our team can also provide a zero obligation assessment of your eligibility for free.

The Initial Steps After Suffering Burns In The Workplace?

If you experience chemical burns after an accident at work, your safety comes first. Therefore, you should seek the appropriate medical treatment. However, you can also take steps to support your chemical burn at work compensation claim.

  • Firstly, report the accident and ask the person responsible to accurately record the information in an accident log book.
  • Secondly, you can gather evidence to support your claim, including photographing your injuries.
  • What’s more, you should seek the appropriate medical treatment for your chemical burn injuries. Entries in your medical record can also be used when claiming compensation.
  • And finally, you could get in touch with Legal Expert today to see if you can begin your accident at work compensation claim.

How Much Could My Chemical Burn At Work Compensation Be?

If you wish to claim chemical burns at work compensation, you may be interested to know how much compensation you could receive. You can use the table below to estimate how much compensation you may be paid in general damages.

General damages are compensation for the pain, suffering and loss of amenity caused by your injuries. Special damages compensation is not included in the table. However, it is compensation for the financial losses caused by the injuries.

Legal Expert has based the amounts in the compensation table above on figures from the Judicial College Guidelines for personal injury compensation. (The guidelines are used by legal professionals when valuing claims.)

Compensation Table

Please note that the first entry is not a JCG figure and that this information has been provied for guidance only.

Type Of Harm CausedSeverityGuideline Amount
Multiple Very Serious Injuries plus Special DamagesVery SeriousUp to £1,000,000 +
Eye InjuriesTotal BlindnessIn the region of £327,940
Eye InjuriesLoss of sight in one eye and reduced sight in other eye (i)£117,150 to £219,400
Eye InjuriesLoss of sight in one eye and reduced sight in other eye (ii)£78,040 to £129,330
Eye InjuriesCompletes loss of sight in one eye (e)£66,920 to £80,210
Facial Disfigurement (Scarring)Very Severe (a)£36,340 to £118,790
Facial Disfigurement (Scarring)Less Severe (b)£21,920 to £59,090
Facial Disfigurement (Scarring)Significant (c)£11,120 to £36,720
Facial Disfigurement (Scarring)Less Significant (d)£4,820 to £16,770
Scarring of Leg(s)/Arm(s)/Hand(s)One Noticeable Scar or Several Superficial Scars£9,560 to £27,740

Special Damages

Special damages are compensation to reimburse you for any expenses associated with your injuries. For example, you can claim these costs if you need to buy camouflaging make-up to reduce your chemical burns scarring. Here are some examples of special damages you could claim:

  • Medical expenses
  • Mobility equipment expenses if you suffer a disability as a result
  • Car or home adaptation expenses where necessary
  • Travel expenses (to and from the hospital, for example)
  • Loss of income reimbursement.

Make sure you retain copies of your payslips, as well as other documents such as receipts, invoices and travel tickets as proof of these costs.

Total compensation payouts can vary greatly depending on your particular circumstances. To learn more about how much compensation you can claim, please call our advisors today.

How Could A No Win No Fee Solicitor Help Me?

A No Win No Fee solicitor could help you claim chemical burn at work compensation. Because a No Win No Fee claim involves less financial risk when it comes to funding the services of a solicitor, you may find it the less stressful way to claim compensation.

How does a No Win No Fee claim work?

You will sign a conditional Fee Agreement (CFA), otherwise known as a No Win No Fee agreement. Under this, you will agree to pay a success fee if you are paid compensation. However, if your claim is unsuccessful, you will not have to pay your solicitor’s fees at all.

Before you begin your claim, your solicitor will assess how likely you are to win. So, you know that you should be likely to win your claim if your solicitor chooses to take on your claim. And, you don’t have to pay an upfront solicitor’s fee. Furthermore, the success fee will be lawfully capped if you win your claim. So, the majority of your compensation payout will go straight to you.

Why not read our online guide if you would like to learn more about making a No Win No Fee claim? Or get in contact with Legal Expert today to see if you can begin your claim.

Use Legal Expert For Your Injury Claim

Have you experienced chemical burn injuries in the workplace that were not your fault? Then you could consider claiming compensation for your injuries. Get in touch with us today using the information below.

  • Call us on 0800 073 8804 to see if you can begin your accident at work claim
  • Use our Live Support widget to speak with an advisor
  • Or contact us via our website

And if you would like to know about the service we provide, you can read our online solicitor reviews here.

Further Information On Claiming Chemical Burn At Work Compensation

We hope this guide to claiming compensation for chemical burns caused by a workplace accident has been helpful. Please feel free to read these guides to learn more about claiming compensation.

Cosmetic Surgery No Win No Fee Personal Injury Claims – How to claim compensation after being injured by cosmetic surgery negligence.

Accident At Work Claim – How to claim compensation if you have been injured in an accident at work.

£5,750 Compensation For Hair Salon Bleach Burn Claim – A guide to claiming compensation for a chemical burn from hair dye.

An NHS guide to treating acid and chemical burns.

A guide to burns and scalds from the NHS.

Victim Support could help you if you were the target of an acid attack.

Thank you for reading our guide to claiming chemical burn at work compensation.

Written by Chelache

Edited by Victorine

How Long Does A Dental Negligence Claim Take?

By Megan Black. Last Updated 6th Marcgh 2025. In this guide, we will answer the question, “How long does a dental negligence claim take?”

Has a dentist harmed you because they provided you with substandard care? Then you may be eligible to claim compensation. If your dental negligence claim is successful, you will receive compensation for the pain, suffering and loss of amenity you went through. Moreover, you could also receive compensation for the financial losses caused by your injuries.

You may be anxious to know how long your potential claim will take. The idea of a long and drawn-out claims process may even put you off from making a claim. This guide will look at how long the dental negligence claim process can take.

To see if you can begin your dental negligence claim, please get in touch with Legal Expert today. our solicitors could help you claim compensation for your injuries. Please use the details below to contact us:

  • Call our medical negligence claims helpline on 0800 073 8804
  • Or start your dental negligence claim online via our website
  • Alternatively, use our live chat to get answers now

A dentist with a patient

Select A Section

  1. How Long Does A Dental Negligence Claim Take?
  2. How Do Lawyers Define Dental Negligence?
  3. What Is The Medical Negligence Claim Criteria?
  4. When Could Dental Negligence Occur?
  5. How Long Does A Dental Negligence Claim Take – Initial Steps
  6. How Much Compensation Could I Claim?
  7. Defining General Damages And Special Damages
  8. No Win No Fee Dental Negligence Claims
  9. How Long Does A Dental Negligence Claim Take – Further Resources

How Long Does A Dental Negligence Claim Take?

How long a claim takes to settle depends on several factors. For example, the claims process may only take six months with a straightforward case that doesn’t need to go to court. However, a complex dental negligence court case may take a lot longer.

The following factors can affect how long your dental negligence claim takes:

  • The length of time your claim will take to settle depends on the severity of your dental negligence injuries and how long your recovery time will be. If the effects are ongoing, your claim may take longer as you need to see how your health and finances are impacted.
  • What evidence your solicitor will need to make a successful dental negligence claim. Some types of evidence will take longer to collect than others.
  • Whether or not the defendant admits liability for your injuries.
  • How easy it is to prove which party was at fault.
  • Whether or not a claim goes to court. A dental negligence court case could take longer to settle. (However, most claims are settled out of court.)

Determining how long dental negligence claim cases take to settle can be complex. Please feel free to call our claims helpline, and an advisor can let you know how long your claim may take.

How Do Lawyers Define Dental Negligence?

Dental negligence occurs when a dentist fails to meet the required standard of care owed to a patient. Consequently, the poor care the patient receives can be harmful.

Any dental practitioner can be negligent, including a dentist, dental nurse or oral hygienist. For example, a dentist may misdiagnose a patient because they failed to carry out a necessary X-ray. Alternatively, a dentist may negligently give a patient a prescription for the wrong dose of medication and, consequently, the patient suffers from harmful side effects.

We will explain how to make a dental negligence compensation claim in this guide. Moreover, we will look at how long a dental negligence claim takes. And we will look at factors that may extend the length of a claim.

Our solicitors could help you claim compensation for dental negligence. Please call Legal Expert now to see if you can begin your claim.

What Is The Medical Negligence Claim Criteria?

To make a successful dental negligence claim, you must provide evidence to prove the following:

  • Firstly, the dental practitioner owed you a duty of care. (All legitimate medical practitioners owe their patients a duty of care.)
  • Secondly, clinical negligence occurred, which breached their duty of care. You may use medical records and eyewitness accounts to prove this.
  • And finally, you suffered an injury (whether mental or physical) as a result.

Please get in touch with Legal Expert today, and a claims advisor will be happy to let you know if you have legitimate grounds to claim.

There is a time limit for making a medical negligence compensation claim. Under the Limitation Act 1980, the dental negligence claim time limit is generally three years. Therefore you must begin your compensation claim within this time. However, there are some exceptions to this rule. Please call us to see if you still qualify to claim.

Can You Sue An NHS Dentist?

As stated, all medical professionals must meet a minimum standard of care. This includes all dentists, including those who provide NHS services. The same legal rules would apply, such as the dental negligence claim time limit.

If you have any questions about starting a medical negligence claim, please get in touch with our team of advisors. They can explain anything you are unsure of and offer a free initial consultation to estimate what your compensation could cover.

Dental Negligence Time Limit – What Are The Exceptions?

If you are making a dental negligence claim in the UK, you might be wondering if there are any exceptions to the time limit. The limitation period, which is how long you have to bring forward a claim, may sometimes be extended or suspended.

Exceptions to the dental negligence time limit may be granted under certain circumstances, such as:

  • When the claimant is a minor: Claimants have from when they turn 18 to their 21st birthday to take action if they suffer harm from dental negligence as a child. Before this point, the time limit is paused which can allow a suitable person to apply to act as a litigation friend and make the claim on their behalf.
  • When the claimant does not have the mental capacity to claim themselves: The time limit is suspended indefinitely and only begins if the claimant regains the mental capacity to put forward the claim themselves. Similarly, while the time limit is paused, a litigation friend could make a claim on their behalf.

We can offer you free guidance if you are unsure whether you are still eligible to start a claim. Additionally, we can put you in touch with our expert medical negligence solicitors, provided you have a valid claim that has a chance of success, and they could help speed up the claims process to ensure you take action in time.

When Could Dental Negligence Occur?

Let’s look at some of the ways that dental negligence can happen. The following errors and mishaps can lead to dental negligence related injuries.

  • A dentist can make a negligent surgical error. For example, a dentist may extract the wrong tooth and leave the bad one. Or a dentist may negligently fit a patient with an implant that is too large, causing dental nerve damage.
  • A dentist can misdiagnose a patient’s condition. For example, a dentist can fail to spot the signs of oral cancer, even though the symptoms are clear, meaning that the cancer would worsen unnecessarily.
  • The dentist may negligently administer the patient’s anaesthesia. As a result, the patient may suffer complications, leading to an illness or even wrongful death.
  • Dentists, dental nurses and oral hygienists may administer poor patient care. For example, a dentist may not sterilise their tools properly, causing their patient to suffer an infection.

As a patient, you are owed a duty of care by your dentist. If your dentist has breached the duty of care and harmed you, you may be eligible to claim compensation. Please call our claims helpline today and an advisor can let you know if you are eligible to claim.

How Long Does A Dental Negligence Claim Take – Initial Steps

When we look at how long a dental negligence claim takes, we must consider the first steps of making a claim.

You don’t have to use the services of a solicitor to make a claim. However, there can be some benefits such as:

  • Legal expertise
  • Someone to negotiate on your behalf
  • Someone who is familiar with the claims process
  • A professional who can accurately value your claim

Your Initial Consultation

The first step in the claims process may be an initial consultation with your solicitor. You can meet with your solicitor in person or speak to them over the phone, for example. During the consultation, the solicitor will consult you on the exact details of your dental negligence claim case. They’d assess how likely your claim is to be successful.

Once you’re ready to proceed with your dental negligence claim, your solicitor would request information from you.

Your solicitor may help you access the following:

  • The time, date and place of your accident.
  • Information about how the accident happened.
  • Contact details belonging to witnesses (for statements).
  • And photographs of any visible injuries.
  • Medical records and information about your diagnosis, and prescriptions to show what medication you took.
  • Proof of any monetary expenses and losses that were caused by your injuries.

Our advisors could connect you with an experienced solicitor to handle your claim.

How Much Compensation Could I Claim?

You can refer to the table below to see how much compensation your dental negligence claim could be worth. The table estimates how much compensation you can claim in general damages. General damages compensate you for the injury itself.

The amounts of compensation in the table are based on guidelines from the Judicial College. These guidelines are used by solicitors when valuing injuries. However, it’s important to note that the amount of dental negligence compensation can vary on a case-by-case basis, depending on your circumstances.

Type of InjurySeveritySettlement Bracket
Multiple severe forms of harm with special damagesMultiple dental injuries with special damagesUp to £100,000+
JawMultiple serious fractures requiring extensive treatment£37,210 to £55,570
Serious fracture with long-lasting impact£21,920 to £37,210
Simple fracture with recovery£7,880 to £10,660
Damage to the teethSignificantUp to £46,540
Loss or serious damage to multiple front teeth£10,660 to £13,930


Damage to or loss of two front teeth£5,310 to £9,310
Loss of significant damage to a single front tooth£2,690 to £4,820

Damage to or loss of teeth in the back of the mouth£1,330 to £2,080

Please call Legal Expert, and an advisor can estimate how much compensation you are owed for your injuries.

Defining General Damages And Special Damages

If your dental negligence compensation claim is successful, you can receive up to two heads of claim. Firstly, you can claim general damages, compensation for the injuries you experienced. Injuries can include psychological injuries.

Secondly, you could claim special damages. Special damages repay you for any financial expenses or losses you have experienced that are related to the injury. For example, if you need dental treatment to repair the damage you suffered, you could claim these costs as medical expenses.

Here are some examples of special damages you could claim:

  • Medical expenses, including additional dental treatment you needed
  • Travel costs
  • Care costs
  • Reimbursement for loss of income

No Win No Fee Dental Negligence Claims

If you are eligible to seek compensation for dental negligence, you may wish to have a legal professional help you with your case. One of our No Win No Fee solicitors may offer to represent your case under the terms of a Conditional Fee Agreement (CFA).

When you work with a solicitor under a CFA, you will not have to pay them anything upfront for them to begin working on your dental negligence compensation claim. You also won’t be expected to pay them any ongoing service fees. Furthermore, should your claim be unsuccessful, your solicitor won’t ask you to pay for the services they have provided.

Alternatively, you will pay your solicitor a success fee should they succeed with your claim. This success fee is a legally capped percentage that is directly deducted from your compensation settlement.

To see whether you could be eligible to work with one of our dental negligence solicitors on a No Win No Fee basis, you can contact our advisors.

What Experience Do Your Experts Have?

Since we have addressed the query, ‘How long does a dental negligence claim take?’, you may now be wondering why you should seek the representation of one of our solicitors.

We can assure you that our solicitors are experts in their field, as they have years of experience dealing with dental negligence claims. They can also consult with medical experts to provide external assessments and resources for your compensation claim.

We take an empathetic and client-focused approach to law. If eligible, one of our solicitors will talk you through the process of making a claim and explain anything that you are unsure of. 

You can speak with our advisors today to find out more. No matter how big or small your question is, they are there to help and could potentially connect you with one of our No Win No Fee solicitors:

How Long Does A Dental Negligence Claim Take – Further Resources

If you would like to learn more about claiming compensation for dental negligence, please feel free to read the resources below.

Dental Abscess Claims – If you have received negligent treatment for a dental abscess, you may be eligible to claim compensation.

NHS Negligence Claims – If you have been injured because of NHS negligence, see if you can claim compensation.

Cosmetic Surgery No Win No Fee Personal Injury Claims – How to claim compensation for injuries caused by negligent plastic surgery.

How to complain about negligent treatment from a dentist. A guide from Citizen’s Advice.

And more information about how to complain about NHS dental treatment.

How to make a complaint to your dental professional. A guide from the General Dental Council.

We hope we’ve answered the question, “How long does a dental negligence claim take?” If you need anything else, get in touch.

Claiming Compensation After A Rail Crash

Last Updated 17th July 2025. In this guide, we’ll explore whether you’re eligible to claim compensation after a rail crash. An incident of this nature could impact several people including passengers and staff on board the train. Furthermore, the injuries could prove to be both physically and psychologically life-changing.

A stationary train at a platform.

It’s important to understand whether you hold a valid claim to seek compensation. We will explore the steps you might take to put forward your claim as well as ways to strengthen your case.

This guide will also offer information and guidance on what your settlement may comprise and how it’s calculated.

Furthermore, we will provide information on No Win No Fee agreements which you could use as a way to fund legal representation. It’s not legally required to have a solicitor represent your claim, but you may find it beneficial.

If you need any additional information on anything of which you’re unsure, please contact our team. To get in touch, you can:

  • Call us up on 0800 073 8804
  • Speak with an advisor using the live chat function below
  • Or contact us via our online form.

Select A Section:

An Introduction To Rail Crash Claims

A rail crash occurs when a train collides with a forceful object or another train. There are various types of rail crashes that could cause injuries of varying severities to those involved. This guide will provide examples of train accidents that could be caused by someone else’s negligence. It will also explore the injuries you could sustain.

Following an accident on a train, you could seek compensation for the harm you sustained. However, there are certain criteria that must be met in order to seek compensation for injuries sustained in a train crash. In this guide, we’ll explore the criteria your claim will need to meet.

Please remember, you can call our team if you have any questions whilst reading our guide.

Criteria For All Personal Injury Claims

There are key points to meet for all personal injury compensation claims, including rail crash claims. For instance, you must be able to demonstrate that:

  • A third party owed you a duty of care
  • They breached their duty of care
  • You were physically or psychologically injured as a result.

Only by meeting each of these points could you viably make a personal injury claim. If you’re unsure whether you hold a valid claim, you can get in touch with our team. An advisor could assess your case to determine whether you’re eligible to claim.

What Is A Rail Accident?

A rail crash involves a train colliding into something with force, such as:

  • A tunnel wall
  • Another train
  • An obstruction on the train tracks

In some instances, the train itself could come off the tracks ending up on its side and causing an obstruction on the tracks.

A train crash could happen while the vehicle is moving or it could be hit by another train while stationary. As you can see, there are various types of rail crashes and several ways in which a train accident could happen.

We have provided examples of train accidents that could be caused by someone else’s negligence in the section below.

How Could A Train Crash Happen?

As per the Health and Safety at Work etc. Act 1974 and the Railways Act 1993, train operators have a duty of care to passengers to provide safe rail operations. If they are in breach of their duty, it could lead to accidents occurring, such as:

  • Speeding: A train driver might fail to adhere to the speed limits and when pulling up at a station they might collide with another stationary train on the tracks.
  • Poor weather conditions: The driver might have failed to take caution when operating the train during icy conditions. As a result, the train may have come off the tracks.
  • Collision with another train: In some cases, a train driver may not being paining attention and the train collides with another train.
  • Poor training: An employer may have provided inadequate training to the train driver. As a result, the driver may have misread the signals telling them when to stop the train.

If you have experienced a similar incident, you may be able to make a rail crash compensation claim. Call our team to find out whether you’re eligible.

What Injuries Could I Suffer In A Train Accident?

A rail crash could cause a plethora of physical injuries, such as:

  • Broken bones: This might include a forearm fracture, a broken wrist, a foot injury and other fractures or breaks to different parts of the body.
  • Head injuries: This might include brain injury or a minor head injury.
  • Internal damage: Injuries might include organ damage or internal bleeding.
  • Lacerations: Injuries might include minor cuts or deeper wounds.
  • Whiplash injuries: These might include injuries affecting the neck.

In addition, a rail crash could result in a fatal accident. Or a person could experience a psychological injury in the form of travel anxiety or post-traumatic stress disorder.

If you have evidence to prove that your injuries were caused by an accident that resulted from someone breaching the duty of care they owed you, you could potentially make a rail crash claim.

Providing Evidence For A Rail Crash Claim

There are various pieces of evidence that you could obtain to support your claim, such as:

  • CCTV footage
  • Photographs of the accident and your injuries
  • Witness contact details

Additionally, you could obtain medical evidence to provide details on your injuries. For instance, doctor or hospital records that highlight the treatment or diagnosis you received.

Furthermore, you may be required to undergo an independent medical assessment to produce a report on the full nature of your condition. The report may outline the severity of your injuries and how badly they will impact you in the future.

If you’re claiming a while after the accident, the report can show the long-term impact the injuries have had on your quality of life.

For more information on the evidence you could provide in support of your rail crash claim, call our team on the number above.

How To Calculate Compensation For A Rail Crash Claim

In general, your settlement may consist of general and special damages. General damages provide compensation for your physical and psychological injuries. Due to the unique nature of each claim and the injuries sustained, your settlement for general damage will vary.

In order to accurately calculate how much you’re owed, medical evidence may be used to consider the severity and extent to which your quality of life has been impacted. Also, a document called the Judicial College Guidelines (JCG) may be used to help value your claim. The JCG sets out compensation brackets for injuries.

The table below has been created using figures from the JCG. Please note, this is not an exhaustive list of injuries. If you can’t see your injury listed, please get in touch with our team. They can offer a free valuation of your claim.

Also, please only use the figures in the table as a guide as your actual settlement will vary. Please note that the top figure is not from the JCG.

InjuryNotesGuideline Compensation
Multiple Severe Injuries and Financial LossesMore than one form of serious injury with special damages such as loss of earningsUp to £1,000,000+
ParaplegiaThe award given will depend on various factors such as the person's age and life expectancy, the extent of their pain and the psychological impact they face.£267,340 to £346,890
Leg Injury(a) Amputations: Where both legs have been amputated above the knee or the person has had one leg amputated above the knee and the other below the knee. £293,850 to £344,150
Post-Traumatic Stress Disorder (PTSD)(a) Severe: The person will be unable to work or function at a level they did before the trauma occurred. £73,050 to £122,850
Traumatic Injury To The Digestive System(i) Damage that causes pain and discomfort that is severe and ongoing.£52,490 to £75,550
Chest Injury (c) Lung and chest damage that causes an ongoing disability. £38,210 to £66,920
Neck Injury (a) Severe: (iii) Injuries might include a fracture, dislocation, severe soft tissue damage or a ruptured tendon. The injuries might lead to a chronic condition and a permanent disability. £30,500 to £46,970
Pelvis And Hip Injury (b) Moderate: (i) The injury may be significant and cause a permanent disability that isn't major. £32,450 to £47,810
Arm Injury(d) A forearm fracture that is simple in nature.£8,060 to £23,430
Shoulder Injury(c) Moderate: A frozen shoulder that makes movement limited and causes discomfort. The symptoms may continue for around two years. £9,630 to £15,580
Back Injury(c) Minor: (i) The person may fully recover without requiring surgery and within five years.£9,630 to £15,260

Explaining General Damages And Special Damages

As discussed, general damages provide compensation for your physical and psychological injuries. However, the amount you receive will vary depending on factors unique to your case.

Special damages provide compensation for any future or past financial losses that were directly incurred as a result of your injuries, such as:

  • Medical expenses, such as medication you’ve been prescribed
  • Loss of income during the recovery period
  • Transportation costs when travelling to and from doctor or hospital appointments
  • Care costs

You must provide evidence to support your claim for any monetary losses, such as receipts or payslips.

The Steps To Take After A Rail Crash

Should you be involved in a rail crash, the immediate priority is for you to receive appropriate medical attention. After that, you should begin to gather the evidence for your potential claim, including witness contact details.

Additionally, you may find it beneficial to contact a personal injury solicitor for legal advice. An experienced solicitor could help you gather relevant evidence to build a strong claim. Also, they could arrange for you to attend an independent medical assessment in your local area.

If you’re apprehensive about seeking legal representation due to the costs associated, you should be aware that you don’t have to claim with a solicitor. However, an experienced solicitor could help you through each step of your claim and keep you up to date throughout the process.

Furthermore, if you want to hire a solicitor, you could do so under a No Win No Fee agreement. This agreement can help you fund legal representation. See below for more information.

What Are The Time Limits For Making A Rail Crash Claim?

3 years is the time limit to claim if you’ve been injured in a rail crash. As per the Limitation Act 1980, the time limit runs from the date of the accident.

However, there are two exceptions to this time limit, such as the following:

  • If the claimant is a child, they cannot claim independently. Instead, they will be required to wait until their 18th birthday. From this date, they will have until their 21st birthday to start their claim.
  • If the claimant is lacking in mental capacity, the time limit will be paused indefinitely. If their mental capacity is regained, the 3 year claims time limit will begin.

You could also apply to become a litigation friend in the above scenarios, allowing you to claim rail crash compensation on a loved one’s behalf. In doing this, you could work alongside a solicitor and ensure that the claimant’s best interest is prioritised throughout the process. Litigation friends are usually parents, guardians or close family members who are trusted to act fairly and competently on a loved one’s behalf.

To learn more about how you could make rail accident claims as a litigation friend, please contact one of our friendly advisors today.

No Win No Fee Agreements

A No Win No Fee agreement allows you to hire a solicitor without paying an upfront cost or paying ongoing costs while your claim proceeds. It also means that if your claim fails, you won’t pay a success fee to your solicitor.

If your claim is successful, you will pay a success fee from your compensation. However, the fee is subject to a legal cap.

For more information about working with a No Win No Fee solicitor, please get in touch with our team. They could connect you with one of our solicitors who works on this basis.

The Advantages Of Working With Legal Expert

There are several benefits of working with our team of advisors and solicitors. For instance, all of our solicitors offer No Win No Fee agreements meaning they could start working on your claim and you won’t need to pay any fees upfront.

Additionally, they have experience handling various types of claims, including for road traffic accidents, workplace accidents, public place accidents and incidents of medical negligence.

For more information, you can check our reviews to find out more about the way in which we work with claimants.

Communicate With Us About Your Train Crash Claim

If you’d like one of our solicitors to represent your rail crash claim, please contact our team of advisors. They can assess the validity of your claim and if it has a chance of success, could appoint a solicitor to begin working on your case.

However, there’s no requirement for you to pursue a claim with us. Instead, our advisors can provide free legal advice and answer any questions of which you’re unsure.

Either way, please get in touch by using any of the following methods:

  • Call us on 0800 073 8804;
  • Fill out the contact form;
  • Or use our live chat service for instant advice.

Further Research For Rail Crash Claims

We hope this guide has provided you with the information you need to make a rail crash claim. However, we have provided some additional external resources and links to our other guides below.

We hope this guide exploring how you could make a rail crash claim has helped. If you need any further assistance, please contact our team on the number above.

Writer Armstrong

Editor Mitchell

Explaining The Personal Injury Claims Process

Whether you have been injured at work, in a public place or a road traffic accident, you could be entitled to claim compensation. But, with legal jargon, time limits and processes, making a personal injury claim may seem complicated. However, it does not have to be. In this guide, we discuss the personal injury claims process.

We will take you through the different steps that a personal injury claim may go through. Next, we explain the purpose of each step and how a specialist personal injury solicitor could help you. We then look at whether there are other ways to resolve disputes and what happens if a claim has to go to court. Finally we look at when and how you could claim on a No Win No Fee basis.

If after reading our guide you still have any questions about the personal injury claims process or are ready to begin your claim, you can contact us for free using the details below;

  • Call our team on 0800 073 8804.
  • Find out how to make a ‘claim online’ using our online form.
  • Use our online live support.

A solicitor advises a client on the personal injury claims process.

Browse Our Guide

What Is The Personal Injury Claims Process?

A personal injury claim is a way to claim compensation from a party who was liable for an accident in which you were injured. Examples of personal injury claims could include;

Our team understands that making a compensation claim could seem like a daunting prospect. The personal injury claims process may seem complicated, with lots of steps to go through. Prior to the steps we will look at below, your solicitor may help you to gather evidence which supports your claim, ask you to attend a medical assessment and request witness statements from anyone who saw the incident take place.

Below we will explain the Pre-Action Protocol for personal injury claims and show how a solicitor could help you.

Letter Of Notification

The first step a claim will need to go through (having secured evidence) is to notify the party you are claiming against (known as the defendant) that you intend to make a claim against them. The notification may be the first knowledge that the defendant has of a claim being made. They may also have limited or no knowledge of the incident in which you were harmed.

The letter will advise the defendant and their insurance provider any information they need to know and help to determine if they are liable as well as whether it may be suitable for an interim payment to be made.

The defendant (or their representatives) have 14 days in which to acknowledge receipt of the letter of notification.

Rehabilitation

At this stage, the parties should consider the claimant’s (reasonable) medical needs for either treatment or rehabilitation. The parties should address how any such costs will be funded. If the defendant accepts liability, an interim payment could be made to cover the costs of needed medical treatment.

Letter Of Claim

Next, a claimant should send the defendant the letter of claim. They should send two copies. One is for the defendant and the other for their insurance provider. The letter of claim should include the following information;

  • A summary of the case and any facts the defendant needs to know.
  • Information about the injuries the claimant sustained and how this has impacted them.
  • Details of their medical needs and details or estimates of financial losses.
  • Information on the heads of damages being claimed for.

The letter of claim should provide the defendant and their insurer with enough information to assess whether they should accept liability or deny liability and estimate the size of the heads of claim (general damages for pain and suffering and special damages for financial losses).

The defendant then has 21 days to acknowledge receipt of this letter.

Disclosing Documentation And Evidence

The purpose of this stage of the personal injury claims process is to exchange relevant information to clarify and resolve any disputed issues as early as possible. This should be disclosed to the defendant and the courts (if necessary).

As part of the claim you will need to supply evidence detailing the nature and extent of injuries (or illness) suffered and what impact they have had on you. Evidence could include medical reports and records either from your GP, a hospital or those covering other medical treatment.

If the defendant denies liability, they will need to disclose any documentation supporting this. Evidence supplied by the defendant may include witness statements or video footage (such as from a CCTV camera).

Expert Reports

Both parties involved in the dispute can instruct relevant experts to provide testimony on points of claim. At this stage of the personal injury claims process, you may be asked to submit medical reports and disclose these to the defendant. Additionally, you may need to see an independent medical expert who may need access to your medical records.

Reaching A Settlement

If the defendant does admit liability the two parties may be able to resolve the personal injury case and agree upon a settlement without the need to go to court. Once a defendant admits liability the two parties can enter into a negotiation over the compensation settlement. If you agree to the compensation settlement offered by the defendant the claim will be finalised.

The other side’s insurance company will then disperse the funds to you.

Throughout the personal injury claims process your personal injury solicitor will keep you fully informed on the progress of your claim. You will also be consulted before an offer is accepted.

What Is Alternative Dispute Resolution?

Section 9.1 of the Pre-Action Protocol states that litigation and court proceedings should be the last resort when resolving a personal injury claim. Prior to this, parties should attempt alternative methods of dispute resolution.

Examples of alternative dispute resolution could include;

  • Joint settlement meetings,
  • Mediation,
  • Arbitration,

These methods could enable the parties to resolve their dispute. If one or both or the parties refuse to participate in alternative dispute resolution, they may be penalised by the courts.

A solicitor explains options for alternative dispute resolution.

Will My Personal Injury Claim Need To Go To Court?

In the majority of personal injury cases a settlement can be reached without the parties needing to go to court. As such, the chances of you needing to go to court to resolve your case are quite small. If your claim does need to go to court, a personal injury solicitor from our team could be with you every step of the way. A solicitor can guide and support you through the personal injury claims process. They will be able to make sure that you know what to expect.

For more information and support on the personal injury claims process if your claim goes to court, please contact our team.

Can A No Win No Fee Solicitor Help With The Personal Injury Claims Process?

Our specialist team is experienced in helping people to make a wide variety of different personal injury claims. Our advisors are on hand to listen to your case and if they think we could help you, they could connect you to one of our specialist personal injury solicitors.

At Legal Expert one of our solicitors could help you claim by using a Conditional Fee Agreement. This is a way to claim on a No Win No Fee basis. It means that if your claim is not successful, there will be nothing to pay your No Win No Fee solicitor for their services. You also won’t be asked to pay any upfront or ongoing fees for your solicitor’s work on your claim.

If you are awarded a personal injury compensation settlement you will be charged a success fee. This fee is an agreed percentage. The maximum percentage which can be charged is limited by law.

For more information on how the personal injury claims process works, please contact us using the channels below.

  • Talk to a member of our team 0800 073 8804.
  • Use our form to start your ‘claim online’.
  • Speak to our team using the live support below.

A solicitor works on a personal injury claim.

More Resources About Claiming Personal Injury Compensation

Below we have included further helpful guides to personal injury claims from across our site. These resources could provide further guidance on making a compensation claim.

Additional references

Thank you for reading our guide to the personal injury claims process. Our team is ready to help you claim compensation.

DVLA Data Breach – Can You Get Compensation?

Last Updated 8th May 2025. Any organisation that holds our personal information must take steps to protect it. The same is true of the Drivers and Vehicles Licensing Authority, also known as the DVLA. A data breach committed by an organisation of this size could impact significant numbers of people.

It may be that your personal data has been exposed, and it has harmed you financially or caused distress.

After all, the consequences of a data breach could be that someone gains access to enough personal data to steal from you. Even if they don’t, the stress and anxiety surrounding the exposure could leave you psychologically harmed.

The DVLA, like all data controllers and data processors, should take steps to protect your personal data. If you can prove that it acted wrongfully, thereby exposing your data, you could be eligible to claim compensation for the resulting harm you suffer.

How This Guide Could Help

We have created this guide to explain what you may need to know before claiming compensation.

We also take a look at recent reports of the UK’s data protection watchdog, the Information Commissioner’s Office (ICO) taking action against the DVLA for sharing data with private parking firms.

If you’d like to ask us anything about this or get a free eligibility check, don’t hesitate to call our advisors.

a man suffering from a DVLA data breach on his computer

Select a Section

  1. DVLA Data Breach Compensation Claims
  2. How Could The DVLA Breach Data Protection Rules?
  3. How Many DVLA Data Breaches Have Been Reported?
  4. What Personal Information May Have Been Exposed?
  5. Calculating DVLA Compensation Claim Payouts
  6. When Will I Get My Compensation?
  7. No Win No Fee Data Breach Claims Against The DVLA
  8. Start Your Claim For A DVLA Data Breach
  9. More Help On DVLA Compensation Claims After A Data Breach

DVLA Data Breach Compensation Claims

If you have been the victim of a DVLA data breach, and you have evidence of a valid claim, you could be eligible to seek compensation for material and non-material damages if you could prove positive wrongful conduct. We look at these damages later in the guide.

All data controllers and data processors in the UK must abide by the data protection legislation in place. In March 2018, the EU brought into force the General Data Protection Regulation (GDPR). This strict data security and privacy law has effects worldwide.

The UK enshrined its application of GDPR via the Data Protection Act 2018 (DPA). It sits alongside an amended version of the UK GDPR.

Under this legislation, those that suffer financial and/or psychological damage because of a data breach that exposes their personal data could be eligible to claim compensation. To make a compensation claim, they would need to evidence that the data controller or data processor had done something wrong, and this has led to the exposure of their personal data and the harm they suffered.

This guide explains what could constitute a breach, and how a person who suffers due to a data breach could go about getting the compensation they deserve. We also look at the Data Protection Act and an example of a DVLA data breach reported in the media.

Click Here To Learn More About Claiming Data Breach Compensation

How Could The DVLA Breach Data Protection Rules?

A breach of data protection could happen in several ways. The Information Commissioner’s Office (ICO) defines personal data breaches as incidents of unlawful or unauthorised:

  • Loss of personal data
  • Disclosure of personal data
  • Destruction of personal data
  • Access to personal data
  • Alteration of personal data

Personal data or personal information is any information that can be used to identify you, whether directly or indirectly.

Breaches could be accidental or deliberate. They could relate to cyber criminality or could be a result of human error. Some examples could include:

  • Sending identifying documents, including driving licences or passports to the wrong address, even though the correct one is on file
  • Selling personal data without authorisation
  • Disclosing your data to an unauthorised third party without a lawful reason
  • Sending personal data to the wrong email address or fax number even though you have the correct information to do this, and the recipient doesn’t have a lawful reason to access it

Let’s take a look at recent reports of action taken by the ICO against the DVLA.

DVLA Breached Data Protection Law Over Sharing Driver Details

When the Data Protection Act 2018 was introduced, the DVLA wrote to the ICO asking for advice on how to share personal data with the likes of private companies.

The DVLA relied upon a lawful basis for sharing which removes the need to obtain individual consent. This basis was a “legal obligation” but the ICO deemed this to be wrong. Instead, it stated that the sharing of data should be classed as a “public task.”

Despite reports in The Guardian of potential claims for compensation for a DVLA data breach, the ICO does not believe that the licensing authority has done anything wrong and that the risk to data subjects is very low.

The issue of claims all centres on whether someone has suffered damage, either financially or psychologically.

If you can prove that you have suffered financial losses or distress or anxiety caused by a DVLA data breach, get in touch to discuss your case with us in more detail.

Source: https://www.theguardian.com/money/2022/jun/25/parking-fines-dvla-law-drivers-details-claims

How Many DVLA Data Breaches Have Been Reported?

In response to a Freedom of Information request, 14 departments within the government disclosed that they’d reported breaches of personal data to the ICO from April 2019 to July 2020. 17 departments in total received the Freedom of Information requests.

The DVLA reported having made 181 breaches of personal data notifications to the ICO during this period. During this period, in contrast, the Home Office reported just 25 breaches, and the NHS only 4.

Source: https://www.infosecurity-magazine.com/news/dvla-submits-200-breach/

What Personal Information May Have Been Exposed?

The DVLA requires personal data to issue driving licences and also to process applications for changes of registered vehicle owners. With that in mind, they could hold and process a vast amount of personal data. After all, when applying for a driving licence, you could have sent the DVLA important documents including driving licence application evidence such as old driving licences, passports and even your birth certificate or marriage certificate.

Such documents could contain all a thief needs to steal money from you or commit identity fraud. Whether this happens or not, you could still suffer psychological injury, somewhat akin to mild Post-Traumatic Stress Disorder (PTSD) due to the worry.

This guide aims to help you understand what to do following a DVLA data breach. If you need any legal advice, however, get in touch.

Calculating DVLA Compensation Claim Payouts

If you make a successful data breach claim, the settlement you receive would depend on factors such as the nature and severity of the damage the breach causes. Generally speaking, you could have the right to claim:

  • Material damage – compensation for financial losses caused by the breach. These could recompense you for stolen money or the unrecoverable costs that are associated with restoring a credit file for example.
  • Non-material damage – compensation for mental harm the breach causes. This could include a worsening of a pre-existing condition such as anxiety.

To give you a rough idea of the compensation that could be paid out for such damages, we can look at the Judicial College Guidelines. The compensation table below contains figures from this publication that solicitors use to value injuries, except for the figure in the first row.

 

Injuries (Type Of)Compensation Bracket
Multiple Severe Injuries and Significant Financial LossesUp to £250,000 plus
Severe Psychiatric Damage£66,920 to £141,240
Moderately Severe Psychiatric Damage£23,270 to £66,920
Moderate Psychiatric Damage£7,150 to £23,270
Less Severe Psychiatric Damage£1,880 to £7,150
Severe PTSD£73,050 to £122,850
Moderately Severe PTSD£28,250 to £73,050
Moderate PTSD£9,980 to £28,250
Less Severe PTSD£4,820 to £9,980
 

To prove non-material damage, you’d attend a medical assessment as part of the claims process. An independent medical professional would check your psychological injuries and create a report that aims to:

  1. Establish if the data breach caused, worsened or wasn’t connected to the data breach.
  2. Assess the severity of the injuries.

What’s more, if you used the services of a solicitor to claim, they could use the report as evidence. They could also use it when valuing your injuries.

Click Here To Check Out Our Data Breach Compensation Calculator

When Will I Get My Compensation?

Once your DVLA data breach claim has been successfully settled, you may receive a compensation payout for the psychological injuries and financial losses you suffered.

Unfortunately, at an early stage of the claims process, we cannot specifically state when this will be. This is because the time it takes for all data breach claims to reach a settlement varies on a case-by-case basis.  

However, some factors that may determine how long it will take for you to receive your compensation include:

  • How many people were affected by the data breach 
  • Whether you are still receiving treatment for your psychological injuries 
  • Whether you know who the controller or processor responsible for the data breach is
  • Whether you have obtained enough evidence
  • Whether the data controller or processor has admitted or disputed liability 
  • The amount of time it takes to calculate your compensation 
  • How complex settlement negotiations are
  • Whether your claim needs to go to court, however, our solicitors will try to avoid this

Having your data breached can have a financial and psychological impact on you. Therefore, we at Legal Expert understand that you want your claim settled as quickly as possible. So, no matter how complex your data breach claim is, our solicitors will utilise their legal skills to ensure you receive your compensation within a reasonable amount of time.  

If you want to know more about when you will receive your compensation payout, please get in touch with our helpful advisors. 

No Win No Fee Data Breach Claims Against The DVLA

Are you concerned about the upfront costs of funding a solicitor? If so, No Win No Fee claims could benefit you.

If you make a No Win No Fee claim, you don’t pay your solicitor their fee until such time as your compensation comes through.

At the start of your claim, before your data breach lawyer starts work, you’ll need to sign a Conditional Fee Agreement. This document, also known as a No Win No Fee agreement explains what level of success fee you’d pay your lawyer in the event of a successful claim.

If your claim isn’t successful, you don’t pay your lawyer the success fee at all.

Can I Claim Compensation From The DVLA On A No Win No Fee Basis?

For you to make a compensation claim on a No Win No Fee basis, your lawyer would have to make sure it had a favourable chance of achieving compensation. They’d need to assess:

  • Whether a breach took place
  • What caused the breach – was it due to wrongdoing on the part of the data controller?
  • Did you suffer harm (emotional, financial or both)?
  • Is your claim within the correct time limits (usually 1 year for claims against public bodies or 6 years for other data breaches)?

Here at Legal Expert, we would be happy to ascertain whether you could have a good chance of claiming on a No Win No Fee basis.

Click Here To Learn More About Working With No Win No Fee Solicitors

Start Your Claim For A DVLA Data Breach

Do you have evidence of a valid data breach claim? Either way, we’d be happy to help you. Our solicitors’ service has great reviews and we’d be glad to help you get the compensation you deserve. To reach our advisors, simply:

More Help On DVLA Compensation Claims After A Data Breach

Below you can find some other guides on data breach compensation claims that you may find useful:

Can Someone Share My Data?– The ICO explains more about data sharing here.

Data Breaches By Fax – Find out if you could claim for a fax data breach here.

University Data Breach – Find out if you can claim if your data was breached at university

BCC Data Breach Claims– Find out how a failure to BCC people into an email could constitute a data breach.

Thank you for reading this guide on how to make a claim if you’ve been impacted by a DVLA data breach. We hope you have found it useful.

Advice On Whether Sharing An Email Address Is A Breach Of GDPR

By Cat Way. Last Updated 7th May 2025. Is an email address personal data? You might be wondering if you could make a personal data breach claim if your email address has been exposed or compromised in a breach. The personal data of all UK residents is protected under the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).

In this guide, we’ll explore how these legislations protect your email address and other personal data. We’ll also explore the criteria that your case must meet in order to form the basis of a valid personal data breach claim.

A personal data breach can cause significant harm to both your mental health and your finances. Our guide will discuss how you could pursue compensation for harm to both these areas and how this compensation is calculated by professionals.

Finally, we will explore how working with a solicitor could benefit your claim. Our solicitors work on a No Win No Fee basis, and are on hand to help. To learn more about the UK GDPR and email addresses, read on. Alternatively, you can contact our team of advisors to get started:

You can also watch our video which explains the key takeaways from this guide:

Select a Section

  1. Is Sharing An Email Address A Breach Of GDPR?
  2. Data Breach Claim Eligibility
  3. In What Circumstances Can Your Email Address Be Shared?
  4. Data Protection Breach Examples In The UK
  5. What Compensation Can I Receive For An Email Data Breach
  6. What To Do If Your Email Address Has Been Breached
  7. How Could No Win No Fee Solicitors Help You?
  8. More Help On Is Sharing An Email Address A Breach Of GDPR?

Is Sharing An Email Address A Breach Of GDPR?

You may find yourself asking, ‘Is sharing an email address a breach of GDPR?’. Organisations must follow data protection laws, including the UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018 (DPA). These aim to prevent people from suffering harm due to data misuse. 

The Information Commissioner’s Office (ICO) is responsible for ensuring that data protection laws are followed. The ICO defines personal data as information that could be used to identify you, including your email address. Therefore, your email address should be protected in accordance with the law. 

The DPA and UK GDPR outline data protection principles. These state that personal data must be:

  • Used with accountability
  • Kept up-to-date and accurate
  • Stored for the correct amount of time
  • Used minimally and with purpose
  • Handled in a confidential manner

When an organisation does not control or process your data in accordance with these principles, they have failed to follow the law. For example, you may be able to claim against an organisation for sharing your email address without your permission

Keep reading to find out more about the eligibility criteria. Alternatively, you may find it more helpful to call one of our advisors, who can explain anything you are unsure about.

an infograph showing different ways Sharing an Email Address could Breach GDPR

Data Breach Claim Eligibility

In order to make an eligible claim for data breach compensation, you will need to meet the following eligibility criteria:

  1. The data breach was caused by the organisation’s failings.
  2. The breach compromised your personal data.
  3. You suffered financial losses or mental harm due to the personal data breach.

Any organisation that processes your personal data must adhere to the rules and regulations found in the UK GDPR and the DPA 2018, as together, these form data protection laws. If they fail to comply with data protection laws, this could result in your personal data being breached. It is a breach of the UK GDPR for email addresses to be shared without a lawful basis for doing so. You must have also suffered either psychological injuries or financial harm as a result of the email sharing.

To see whether you may have a valid claim, you can contact our advisors. They may also be able to connect you with one of our solicitors who could assist you with your case.

 In What Circumstances Can Your Email Address Be Shared?

Sometimes, if you sign up for products and services, enter competitions or request information from an organisation, you could give out some of your personal data to do so. If you did in the past, prior to 2018 when the UK GDPR was implemented and the Data Protection Act 2018 updated alongside it, your personal data may not have been as well-protected.

Now, under the UK GDPR, giving out email addresses could be considered unlawful in some instances. However, in other instances, it may not be a breach of GDPR. In addition to this, under GDPR, sending personal data by email could be considered a data breach. So too could an email data leak, having personal information sent to the wrong email address, and this could have a number of unwanted consequences.

Organisations can lawfully share your personal information if:

  • You consent to it; or
  • They need to do so to fulfil a contract with you; or
  • They need to do so to comply with the law; or
  • Your life or someone else’s life is in danger and it’s, therefore, necessary; or
  • They’re using it to fulfil a task that’s in the public interest; or
  • They have legitimate business interests

Data Protection Breach Examples In The UK

Now we’ve answered the questions “is sharing an email address a breach of GDPR?this section examines a few examples of how your email address could be exposed in a personal data breach and cause you to suffer harm.

Examples can include:

  • A failure to use blind carbon copy (BCC) when sending workplace documents.
  • Inadequate staff training meant hard copies of client mailing lists were not properly secured and subsequently lost.
  • Administrative errors resulted in your contact information being sent to the wrong address.

There are many other circumstances in which our specialist data breach solicitors could help you to seek compensation. Reach out to our advisory team today for a free eligibility assessment. If your potential claim is deemed valid, then you could be connected with a highly experienced solicitor. The team are available 24 hours a day via the contact information given below.

What Compensation Can I Receive For An Email Data Breach

If you’ve suffered a personal or work email address data breach that has affected your personal data, you may want to know more about your data rights and the potential compensation you could receive.

A UK GDPR email breach resulting from an organisation’s failings that affects your personal data and causes you financial damage or psychological harm, could result in you receiving compensation.

Non-material damages relate to the psychological trauma you may have experienced from your personal data being breached. Psychological injuries you may be able to claim for include anxiety, depression, distress and post-traumatic stress disorder.

Below is a list of compensation brackets from the Judicial College Guidelines based on past cases. These figures are taken from the latest guidelines, except for the top figure.

It’s important to remember that these figures are guidelines only. Every claim is unique, so you are likely to receive a different amount from the ones listed below.

Type of HarmNotesAmount
Multiple injuries and financial lossesSevereUp to £500,000+
Psychological HarmSevere (a)£66,920 to £141,240
Moderately Severe (b)£23,270 to £66,920
Moderate (c)£7,150 to £23,270
Less Severe (d)£1,880 to £7,150
PTSD Severe (a)£73,050 to £122,850
Moderately Severe (b)£28,250 to £73,050
Moderate (c)£9,980 to £28,250
Less Severe (d)£4,820 to £9,980

What Else Can I Claim For After A GDPR Email Breach?

Material damage relates to the financial losses you’ve suffered as a result of the UK GDPR email breach of your personal data. Potential financial losses you could incur from such a data breach include:

  • Healthcare costs – For instance, you may require medication to treat stress caused by the breach.
  • Travel costs – If, for instance, you’ve had to drive to the hospital for health appointments related to this, you may be able to claim for the expenses caused, such as the cost of petrol.
  • Loss of earnings – You could lose money because you’re unable to work as a result of stress caused by the breach. If this is long-term or permanent, you may also be able to claim for future loss of earnings.

However, this is not an exhaustive list of the losses you could claim for. You could potentially claim for other financial loss relating to the data breach. However, you would need financial evidence highlighting these losses such as receipts, invoices and bank statements. To learn more about claiming for a GDPR email breach, please contact us for free legal advice using the details above.

What To Do If Your Email Address Has Been Breached

As we have explained, in some circumstances, your email address can be shared without your permission, but the purpose for sharing must meet a lawful basis.

Unfortunately, you could be unaware for some time that a personal data breach has happened. In the time period where you’re unaware, cybercriminals have the opportunity to commit fraud or even identity theft. If you are thinking about making a claim after a personal data breach, the checklist below can help to minimise the damage:

  • Ensure all passwords are changed, and enhance your security on your devices.
  • Raise a complaint and contact the data controller or data processor responsible for the data breach about the extent of the breach and how it happened. 
  • If the responsible party in question does not provide a satisfactory response you could then report the data breach to the ICO. The ICO can then choose to investigate the breach, and their findings can be used as part of your evidence. However, the ICO cannot help you obtain compensation for a data breach. So, you should contact us to potentially be connected with one of our expert data breach solicitors who can help you claim compensation. 
  • Begin to collect evidence of your financial losses.
  • Begin to collect evidence of your emotional damage, such as accessing your medical records.

It’s also important to keep in mind that the personal data breach compensation claims time limit is usually 6 years. Although this might seem like a long time, it is better to begin a claim as soon as possible after the breach, because the details of the claim will be fresh in your mind.

How Could No Win No Fee Solicitors Help You?

If you have a valid claim for email data breach compensation, you could claim with one of our No Win No Fee lawyers.

No Win No Fee means you would not pay legal fees to your lawyer until your claim ends, and compensation comes through. A No Win No Fee solicitor would need to have you sign a Conditional Fee Agreement prior to taking your claim. (This is a formal term for No Win No Fee agreement.)

This would denote the percentage of the success fee you’d pay from your settlement to your lawyer at the end of your claim. You’d only pay this if the claim is successful. Additionally, the fee is capped by law.

If your solicitor doesn’t achieve compensation, you wouldn’t need to pay them any solicitor fees at all.

Contact Our Team

Here at Legal Expert, we would be happy to assist you if you want to have a free claims assessment or you’re ready to begin a No Win No Fee claim. Our service comes highly recommended, as you can see from our reviews. All you need to do to get started is:

A client asks a solicitor 'Is sharing an email address a breach of GDPR?

More Help On Is Sharing An Email Address A Breach Of GDPR?

The ICO Guide To Sharing Personal Data By Email – As well as learning the answer to ‘is sharing an email address a breach of GDPR?’, you can find out what the ICO says about sending personal data by email here.

What Are Personal Data Breaches? – More information about what constitutes a data breach can be found here.

Raising Concerns With The ICO –  You can learn how to raise concerns with the ICO here.

Fax Data Breaches – Find out if you could claim for a fax data breach here.

University Data Breaches – You can find out about university data breaches here.

Other Useful Compensation Guides

We hope this guide, which has answered popular questions such as ‘Is an email address personal data?’ and ‘Is sharing an email address a breach of GDPR?’, has proven to be useful. If you would like to speak to an advisor about any queries you have, then please don’t hesitate to get in touch. You can contact Legal Expert on the phone or online by using the contact details included in this guide.

How Hard Is It To Prove Medical Negligence?

In this guide, we’ll look at answering the question, “how hard is it to prove medical negligence?”. When you seek medical attention, you’re entitled to a minimum standard of care. This is the same whether you’re visiting A&E, making an appointment at your GP or visiting a dentist.

Proving medical negligence

Proving medical negligence

If this minimum standard of care is not administered, then this is an example of medical negligence. And if negligence in a medical setting has negatively impacted your health, then you may be able to pursue a compensation claim.

In order to claim, you’d need to demonstrate that negligence on the part of a medical professional caused your illness, injury or a worsening of your condition.

Our claims team is available day and night, 7 days a week. They’re available to offer free legal advice and may be able to connect you with a solicitor to work on your claim. You can get in touch by:

Select a Section:

A Guide – How Hard Is It To Prove Medical Negligence?

Some clinical or medical negligence claims can be the hardest types of cases to resolve. This is because these cases combine the areas of medicine and law.

This guide will assess how hard it is to prove medical negligence. Evidence is a key part of any claim, and medical negligence claims are no different.

We start this guide by looking at what exactly medical negligence is and how it could occur. You may be wondering what kind of evidence you could use to support a claim; this guide will explain how you could prove that medical negligence has occurred, causing you harm.

In addition to this, we’ll look at the amount of compensation you could receive in a claim for medical negligence. As well as this, we’ll outline the steps you could take if you’ve been harmed by medical negligence.

This guide will conclude with some advice on how to get a claim started. For example, we’ll explain how a No Win No Fee agreement works. We’ve also provided some useful links for your reference.

Time Limits To Start Your Claim

There is a medical negligence claims time limit that you will have to meet. You must start your medical negligence claim within this deadline. As long as you do this, it won’t matter how long it takes to reach a resolution to your claim.

The general time limit for claims in the UK is three years. However, other factors can have a direct effect on the time limit. For example, if the claimant doesn’t have the mental capacity to claim, a litigation friend can do this for them. The time limit is suspended for as long as they’re not capable of claiming.

For more information on the time limits that apply to starting the claim, speak to an advisor from our team today.

The Criteria For A Medical Negligence Claim

How hard is it to prove medical negligence? To start answering this question, we need to look at the criteria for making a compensation claim for clinical negligence.

In order to claim, you need to demonstrate that your health has been affected as a result of negligence. For example, a mistake during surgery could injure you and lead to a need for further treatment that wouldn’t have otherwise been necessary.

Medical negligence will not always result in you developing a new condition or injury. In some cases, it may just mean that your condition worsens past the point that it would have if you’d gotten the right level of care.

For example, you may be suffering from a condition that was initially misdiagnosed. This could mean that the condition gets worse than it otherwise would. If the misdiagnosis occurred because of negligence, then you may be able to claim.

The section below will cover the duty of care you are owed, and how a breach of duty could cause you harm or loss. You can also get in touch with our team for free legal advice about your eligibility to claim.

What Is Medical Negligence?

As we’ve already mentioned, you’re entitled to a minimum standard of care when you seek medical attention. When this level of care isn’t delivered, this could cause you harm. This is medical negligence.

A doctor’s duty of care towards you is outlined by the General Medical Council. They’ve outlined the duties of a doctor that is registered with them. Other areas of medicine also have their own regulatory bodies, such as dentists being regulated by the General Dental Council.

Importantly, medical negligence is not just another term for a mistake made during medical treatment. It’s possible for complications to arise even when the right level of care is being delivered.

For example, you might have a condition and seek medical attention for it to be diagnosed. However, you might not be exhibiting the usual symptoms of the condition; this might mean that your doctor could not be expected to have diagnosed your condition.

Please call and speak to one of our claim advisors if you have any more questions about claiming. They will be able to help you further.

Explaining How Medical Negligence Could Happen

In this section, we will look at how medical negligence could happen. The list we have included below is not exhaustive, and there are some ways that medical negligence could occur that we have not mentioned below:

  • Surgical errors. For example, this might involve the wrong site being operated on, a foreign object being left in the body, or injury occurring during the operation that could have been avoided.
  • Lack of informed consent. Informed consent is an important aspect of medical care. If you weren’t given enough information to make an informed decision about the treatment you underwent, then this could be an example of medical negligence.
  • Pharmaceutical errors. For example, you’ve been prescribed the wrong medication for your condition, or you’re given medicine that you’re allergic to.
  • Missed or delayed diagnosis. This could happen because your doctor failed to pay attention to your symptoms or neglected to order the correct test (for example, a blood test) to be carried out. This might cause delayed treatment.

Call our team of advisors for more information about how hard it is to prove medical negligence. They’re available to offer you free legal advice about making a claim.

How Hard Is It To Prove Medical Negligence?

In order to claim that medical negligence occurred, resulting in your injuries, you’ll need to provide evidence. For example, you might provide medical records to show the additional appointments or treatment that you have had to undergo. You might also want to show any additional costs that you have incurred as a result, for example, travel costs to and from any hospital appointments.

As far as determining whether medical negligence has actually taken place, the courts will administer something called the Bolam Test. This is where a panel of peers are asked whether or not the care provided by the healthcare provider is of an acceptable level. If they decide that it was not, this could be an example of negligence.

If you’d like more information on how hard it is to prove medical negligence, get in touch with our team. They’ll be able to offer you free legal advice about the circumstances that could entitle you to claim.

Examples Of Medical Negligence

Below, we have included some examples of medical negligence and the harm it can cause. If you’re asking yourself, “how hard is it to prove medical negligence?”, you might want to refer to the list below for reference. However, please be aware that this list isn’t exhaustive; you might be the victim of medical negligence in a way that we haven’t mentioned below.

  • You undergo hip replacement surgery. However, the implant that is inserted is faulty. As a result, your hip is further injured and you need to undergo another operation.
  • When visiting the doctor, you are exhibiting symptoms of a condition. However, your doctor fails to arrange the proper diagnostic tests. Because of this, your condition isn’t diagnosed and you don’t get the treatment you need. Because of this, your condition isn’t diagnosed and you don’t get the treatment you need.
  • You’re offered screening for Down’s syndrome while you’re pregnant. However, you’re not told that this could increase your chances of miscarrying. You would have declined the testing if you’d known about the risk. You lose your baby as a result.

Get in touch with our team of advisors today for more information on starting a claim. You could be connected with a No Win No Fee lawyer from our panel.

Medical Negligence Claim Statistics

The NHS provides data related to the value of clinical negligence claims in its 2021. We used this data to make the table below.

How hard is it to claim medical negligence statistics graph

As you can see, the single speciality that was the subject of the most clinical negligence claims in 2020/21 was orthopaedic surgery. The specified speciality with the least number of claims levied against it was gastroenterology.

Calculating Compensation When Wondering How Hard Is It To Prove Medical Negligence

Having looked at the question, “how hard is it to prove medical negligence?”, we’ll now look at the compensation you could receive at the conclusion of a successful claim. We can’t give you an average for medical negligence payouts, as each claim is unique.

You might want to use our claims calculator to get a rough idea of the value of your claim. You can also take a look at the table below. The Judicial College produces guidelines that we have based this table upon.

Edit
Injury Type Severity Level Damages Info
Foot Severe £39,390 to £65,710 Injuries within this bracket will substantially restrict the mobility of the injured person, or will cause considerable and permanent pain.
Ankle Severe £29,380 to £46,980 Injuries within this bracket will require extensive treatment, for example, a long time in pins and plaster.
Back Minor (i) £7,410 to £11,730 Where the injury has fully recovered to nuisance level without the need for surgery within 2-5 years.
Arm Moderate or Minor Up to £11,820 Moderate arm injuries would be included in this category. A simple or hairline fracture would be an example, as would a case of tennis elbow. Furthermore, soft tissue injuries and deep wounds that penetrate the skin. Nevertheless, the victim will recover completely.
Leg Moderate £26,050 to £36,790 Where there are multiple or complicated fractures or severe crushing injuries that affect one limb.
Neck Minor £4,080 to £7,410 Minor soft tissue injuries to the neck that recover fully within 1-2 years will fall into this bracket.
Illness (i) £36,060 to £49,270 This medical condition is associated with symptoms such as fever, diarrhoea, nausea, sickness, cramps, and nausea. The symptoms last for an extended period of time.
Illness (ii) £8,950 to £18,020 Diarrhoea, vomiting, and serious but short-lived food poisoning that diminishes over two to four weeks with some residual discomfort and disturbance of bowel function, as well as an adverse impact on sexual activity and food enjoyment in the long run. Symptoms such as these that last for longer, even indefinitely, are likely to merit an award at the top of this bracket.
Illness (iii) £860 to £3,710 Diarrhoea, cramps, and varying degrees of disabling pain for example, that lasts days or even weeks.
Illness (iv) £3,710 to £8,950 For example, stomach cramps, bowel disturbances, and fatigue are symptoms of food poisoning. Resulting in an inpatient stay for a few days, followed by a few weeks of symptoms, but complete recovery within a year or two.

If you want a more accurate estimate, please call and speak to our team. An advisor can evaluate your claim for you and may also be able to connect you with a No Win No Fee lawyer from our panel.

A Breakdown Of Compensation Payouts

Now we have answered the question, how hard is it to prove medical negligence? it is time to look at what happens if you can prove it. If you win your claim, you will be awarded compensation .

Your compensation will be made up of two different “heads” of a claim. We look at these in closer detail later on in this guide.

What Are General Damages?

General damages si the part of your claim that covers you for the pain and suffering caused by your injuries or conditions. This can be physical effects or psychological injuries, such as Post-Traumatic Stress Disorder or depression.

In order to assess how much your compensation is worth, you’ll be asked to attend a medical assessment. Here, an independent medical expert will examine your injuries. The report from this assessment will be used to help value your claim.

What Are Special Damages?

Special damages are the part of your compensation that’s paid to you for the financial harm that your injuries have caused you. For example:

  • The expected loss of lifetime earnings. If your ability to work in the future is negatively impacted in some way. For example, you have to give up full-time work and only work part-time.
  • Loss of income. If you missed out on your pay either in full or partially when you took time off work to recover from your medical condition, you could claim this back.
  • The cost of any private healthcare that you have already had to pay for out of your own funds.

You’ll need to provide evidence of these costs. If you don’t provide evidence, you might not receive the full value of the special damages you’re entitled to.

What To Do After Suffering Medical Negligence

After your health has been negatively affected by suspected negligent medical care, there are some essential steps you can take:

  1. Make sure you get treated for your medical condition. Even if you think it is minor. This ensures an official record of the harm you suffered exists.
  2. If appropriate, gather evidence of the cause of the harm you suffered. For example, photographs.
  3. Gather the contact information for all involved parties, including witnesses.
  4. Begin to keep all receipts, invoices, travel tickets, and bills that you wish to claim as losses.
  5. Contact our team of claims experts to start the claims process.

We understand how hard it can be to prove medical negligence. But we can help. Simply get in touch with a member of our team today

No Win No Fee Agreements For Medical Negligence Claims

You may be able to use a lawyer working under a No Win No Fee agreement to process your clinical negligence claim for you. This is also sometimes known as a Conditional Fee Agreement.

This kind of agreement means you won’t pay anything in order for the claims process to begin, and you don’t pay any ongoing fees to your lawyer while it is being processed.

If your claim is unsuccessful, your lawyer won’t request payment from you. If the claim succeeds, they’ll deduct a small, legally limited success fee from your compensation.

For more information on such claims, please call and ask a claim advisor to explain things to you further. If they think your claim is valid, they could connect you with a No Win No Fee solicitor from our panel.

Why Legal Expert Could Handle Your Medical Negligence Claim

It can be hard to prove medical negligence; however, let us explain how we can be of help. Our team of expert clinical negligence lawyers have years of experience helping people like yourself get the compensation they are entitled to. They may be able to maximise your chances of the claim being a success.

Furthermore, they may be able to represent you on a No Win No Fee basis. Call and ask our claims team how else we can be of help.

Contact Legal Expert To Start Your Medical Negligence Claim

This brings our guide to how hard is it to prove medical negligence to an end. If you believe you have grounds for a claim, speak to our team today. They can also arrange for a No Win No Fee solicitor to start processing your claim for you.

Our claims line is open 365 days a year, 24 hours a day. You can contact us using the methods below:

Extra Resources About How Hard Is It To Prove Medical Negligence

Here are some links to others of our guides.

Medical Negligence Causing Death 

Birth Injury Claims 

Blood Transfusion Medical Negligence 

And here are some useful resource links.

NHS Key Legislation

Health and Social Care Act 2012

NHS Patient Rights

Thank you for reading this guide looking at the question, “how hard is it to prove medical negligence?”.

Written by Wheeler

Edited by Stocks

Could I Make A Claim For A Slip And Fall Head Injury?

By Stephen Hudson. Last Updated 29th April 2025. If you’ve suffered a head injury due to a slip and fall because a third party, such as an employer or occupier, breached the duty of care they owed you, you may be entitled to claim compensation. In this guide, we’ll discuss the process of making a personal injury claim for such an incident. We’ll also look at potential slip and fall head injury settlements.

Also, we’ll discuss ways you may be able to gather and provide evidence for a slip and fall head injury claim. This guide also talks about how working with a No Win No Fee solicitor could benefit your personal injury claim as they could help you build your case and present it in full within the relevant time limit.

To get advice and support with starting a claim for a head injury, you can contact our team of advisors for free. They are available 24 hours a day, 7 days a week. You can reach them by:

A man in a grey suit on the ground having slipped and fell in his office building

Select a Section

  1. Proving Negligence To Claim Slip And Fall Head Injury Settlements
  2. Typical Accident Scenarios That Could Cause Head Injuries
  3. What If I’m Partially To Blame For My Accident?
  4. Proving Liability To Receive Slip And Fall Head Injury Settlements
  5. Determining Your Potential Compensation Payout
  6. What Could Make Up My Slip And Fall Head Injury Settlements?
  7. Which Evidence Will I Need To Have A Valid Head Injury Claim?
  8. Could I Make A Claim With A No Win No Fee Solicitor?

Proving Negligence To Claim Slip And Fall Head Injury Settlements

You could suffer a head injury when you slip and fall whether in the workplace, a public area, or in a road traffic accident. No matter how slight you think the injury is, you should always seek medical attention when you hit or injure your head in any way. A minor injury to the head could leave you concussed, or the extent of the damage may not be apparent straight away.

The accident may occur in the workplace, in a road traffic incident, or in a public place. You could have contributed to the incident, or it could have been caused solely by third party negligence.

To seek compensation for a head injury following an accident you must prove liability. If you can answer yes to the following 3 questions you may have the foundation for a personal injury claim:

  1. Were you owed a duty of care at the time and place of the accident?
  2. Was this duty breached?
  3. Did your head injury happen because of this negligence?

Examples of slip and fall accidents that could potentially leave you with a head injury include the following:

  • A head injury sustained in a slip and trip because of a risen pavement slab.
  • Untreated ice outside a library causes a slip and injury to the head
  • Trailing wires in a workplace cause a trip injury where an employee hits their head
  • Accidents in a public place, like a supermarket, where a spillage was not cleared up and inadequate measures were set in place to prevent you from slipping and falling.

Evidence Needed To Support A Slip And Fall Personal Injury claim

Proving liability means taking photos of where the accident happened and gathering as much evidence as you can. This includes:

  • Witness contact details in case statements need to be taken at a later date.
  • Photos of your injuries and the cause of the accident
  • Medical records from when you were seen at A and E.
  • A report log from your work or public place.

Time Limit Linked To Personal Injury Claims For Head Injuries

The personal injury claim time limit means you have 3 years from the date you are injured, or the date you became aware of an injury/illness was caused by negligence to file a claim.

The exceptions to this 3-year statutory deadline involve the following:

  • Minors, anyone under the age of 18 can not pursue a claim on their own behalf. In this instance, they can wait till they turn 18 when they will have 3 years to seek compensation. However, a court could appoint a ‘litigation friend’ to file a claim on their behalf beforehand
  • If the injured party lacks the mental capacity to file a claim themselves, the three-year deadline would start when they regain the capacity the make a claim. If the injured party never regains the mental capacity, a litigation friend could file the compensation claim on their behalf
  • The time limit is set at 2 years for claims filed through the Criminal Injuries Compensation Authority (CICA), there may be exceptions.

If you need further help in proving liability for a head injury you sustained, please reach out to a member of the Legal Expert team. We provide free legal advice and can tell you if you have grounds to sue for compensation.

Typical Accident Scenarios That Could Cause Head Injuries

In many aspects of everyday life, you are owed a duty of care by another party. On the roads, all road users are tasked with providing each other with this duty not to cause avoidable harm. The Highway Code details ways in which we must keep each other safe. If you were to suffer an injury to the head sustained in a car accident as a passenger, driver, or while you were on a bus or other form of public transport caused by the negligence of a road user you could be eligible to make a claim.

While at work Health & Safety At Work etc Act 1974 applies a similar duty of care to employers to ensure that they keep their workers as reasonably safe as can be expected. If you are involved in an accident at work because your employer has neglected health and safety law and this has caused an injury to your head then again you could be eligible to pursue a claim

The Occupiers’ Liability Act 1957 is the legislation that states that those in control of public areas that the public are allowed to visit without invitation must be kept in a safe condition so members of the public are not injured.

What If I’m Partially To Blame For My Accident?

If you were partially to blame for your accident, then don’t worry, those who contributed to the accident or their injuries are still able to claim slip and fall head injury settlements if they can prove the duty of care was breached.

There are two different types of claims that can be made if multiple persons are at fault, these are:

  • Split liability: This is where multiple persons are deemed to have contributed to the accident. So, for example, you discovered a damaged water pipe but failed to report this. You later slipped on the water hazard created by the leak.
  • Contributory negligence: Contributory negligence is where an injured person contributes in part to their injuries, despite having nothing to do with the accident. An example of this would be if you were working on a construction site in a compulsory hard-hat area but were not wearing one. You tripped and fell on trailing electrical cables, hitting your head. The lack of head protection made your injuries worse than they otherwise would have been.

In both these examples, you’re still entitled to compensation as overall responsibility remains with the employer. However, the employee can be deemed to have contributed in some way, therefore making their injuries worse than they would have been. You can check your eligibility to claim compensation for a head injury after a slip and fall by contacting our advisors today.

Proving Liability To Receive Slip And Fall Head Injury Settlements

To prove liability, evidence will be needed to show who you think is responsible for the accident that caused your head injury. The type of proof required includes:

  • Photos of where the accident happened
  • Photos of your injuries
  • Witness contact details
  • A medical report detailing the severity of your head injuries and the prognosis
  • Police report if they attended the incident or road traffic accident

The more evidence you can provide, the stronger your case will be and the more likely you will be able to prove liability. If you think you are partly to blame, you can still make a claim but contributory negligence would be factored into the amount of compensation you could receive.

Call our advisors for more information on slip and fall head injury settlements.

Determining Your Potential Compensation Payout

We have included a table showing amount brackets for specific injuries which we have based on the Judicial College Guidelines. You could also try using our compensation calculator to estimate how much you may be awarded for your head injury. The amounts cover general damages for injuries sustained; they do not include figures for special damages. We have set out some the JCG amounts for head injuries in the table here.

Compensation Table

Please be advised that the top entry is not from the JCG and that this information has been included for guidance purposes only.

Type of InjurySeverityGuideline Compensation Figure
Multiple Very Serious Injuries with Special DamagesVery SeriousUp to £1,000,000
Brain damageModerately Severe (b)£267,340 to £344,150
Moderate (c)(i)£183,190 to £267,340
Moderate (c)(ii)£110,720 to £183,190
Moderate (c)(iii)£52,550 to £110,720
Less Severe (d)£18,700 to £52,550
Minor Injury e)£2,690 to £15,580
EpilepsyEstablished Grand Mal (a)£124,470 to £183,190
Deafness/TinnitusMild Tinnitus with Some NIHL (d)(iii)£15,370 to £18,180
Mild Tinnitus or Mild NIHL (d)(iv)Around £14,300

For a clearer idea on how much your slip and fall head injury settlement could be valued at, please speak to a friendly adviser today.

What Could Make Up My Slip And Fall Head Injury Settlements?

As mentioned in the section above, you could also claim special damages if your case is successful. Special damages cover actual losses and expenses you incur which are directly linked to an injury you sustained. As such, you must provide proof of your losses and of your expenses in the form of receipts and relevant documentation.

The sort of losses and expenses you could seek include the following:

  • Medical expenses
  • Travel costs
  • Care costs
  • Loss of earnings and potential future earnings
  • Home and vehicle adaptations
  • All other expenses and losses directly linked to your injuries

Which Evidence Will I Need To Have A Valid Head Injury Claim?

You must provide as much evidence as you can to support a personal injury claim. Without enough proof, it will be harder to prove your case against a third party. The sort of evidence you should gather includes the following:

  • Photos of your injuries and where the accident happened. This could include dashcam footage if you were in a road traffic accident, or CCTV footage if you were injured in a public place
  • Witness contact details
  • Police report if they attended a road traffic accident or an incident that left you with a head injury
  • Work accident logbook
  • Medical records

Could I Make A Claim With A No Win No Fee Solicitor?

During the slip and fall claims process, you might benefit from using a No Win No Fee solicitor. Alongside helping you collect evidence, they can make sure your head injury claim is submitted in full. If they offer their work under a Conditional Fee Agreement, which is a type of No Win No Fee arrangement, you typically won’t be charged a fee upfront or while your claim is ongoing.

Additionally, you aren’t expected to pay your solicitor for your work should your claim not succeed. A legally capped success fee is deducted from your compensation for a head injury, but only if your claim is successful. The Conditional Fee Agreements Order 2013 sets a cap on the percentage that solicitors can take.

If you would like to work with one of our specialist solicitors under a No Win No Fee contract, please don’t hesitate to get in touch for more information. You can do so by:

  • Ringing our free 24/7 advice line on 0800 073 8804
  • Using the live chat function in the bottom right corner of your screen
  • Completing an online claim form for a free call back

A solicitor explaining slip and fall head injury settlements to their client in their office

Additional Resources About Slip And Fall Head Injury Settlements

Thank you for taking the time to read our guide about slip and fall head injury settlements. We hope that this has provided you with the information you need. If you have any more questions that need answering please do not hesitate to call our advisors for free legal advice.

I Suffered A Broken Hand At Work, Can I Claim Compensation?

Last Updated 2nd July 2025. This guide will give you the information you need to claim for broken hand at work compensation. If the negligent actions of your employer have caused you injury, you may be able to start a personal injury claim. We understand that hand injuries can make daily activities more difficult, whether in your work or personal life. If the criteria apply to your case, you could enquire today about starting a claim for compensation.

We will outline what makes you eligible to claim workplace compensation and provide guidelines for compensation amounts. You can also learn about the common causes of broken hand injuries and your employer’s responsibility to you.

Furthermore, we will explain some aspects of the claim process, such as the different types of evidence you could gather that will help to strengthen your case, along with a look at how long you have to start your claim.

If you have any queries about starting a claim, you can get in touch with one of our advisors:

Jump To A Section:

  1. Claiming Compensation For A Broken Hand At Work
  2. How To Calculate Broken Hand At Work Compensation
  3. Common Causes Of Broken Hand Injuries In The Workplace
  4. Negligence And Employer Responsibility
  5. Steps To Take If You’ve Broken Your Hand At Work
  6. More Information

An arm in a white cast resting on a table.

Claiming Compensation For A Broken Hand At Work

As outlined by the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. They must take reasonable steps to protect the health and safety of their employees when at work.

In order to claim broken hand at work compensation, you must be able to show that:

  1. Firstly, an employer owed you a duty
  2. Secondly, they did not fulfil their duty
  3. Thirdly, this failure caused you injury

All 3 statements must apply for you to have a valid claim. Our advisors are here to help if you have any questions about the criteria. They can also connect you to one of our specialist No Win No Fee solicitors if you are eligible to claim compensation.

How To Calculate Broken Hand At Work Compensation

When looking at what general damages you could be owed, your solicitor (or other parties) may check the Judicial College Guidelines (JCG). This lists guidelines on compensation for different injuries based on their type and severity.

Some of these suggestive brackets can be found in the table below (with the exception of the top figure, which isn’t from the JCG). We must clarify that these brackets do not guarantee the amount of compensation you may receive.

Type of injurySeverityCompensation Amount
Multiple very severe injuries with financial impact (e.g. lost earnings)Very severeUp to £500,000 +
HandTotal or effective loss of both hands£171,680 to £245,900
Total or effective loss of 1 hand£117,360 to £133,810
Less serious£17,640 to £35,390
Moderate£6,910 to £16,200
FingersSevere fracturesUp to £44,840
Very serious thumb injury£23,920 to £42,720
Total and partial index finger loss£14,850 to £22,870
Serious ring or middle fingers fracture£12,590 to £19,940
Index finger fracture£11,120 to £14,930

Factors Affecting Compensation Payouts

Many factors can influence how much compensation you may gain.

These include:

  • The severity of your injury
  • The amount of treatment you require
  • The amount of time taken to recover
  • Whether your injury causes financial losses to you
  • If your future employment may be impacted

General Damages Vs Special Damages

The broken hand at work compensation is divided into two heads of claim. The first is general damages. As mentioned previously, these refer to the pain and suffering that you have experienced due to the injury. They account for both physical and psychological impacts.

You can also receive compensation for special damages. These refer to the financial losses caused by your injury and can be particularly important for serious injury claims. For example, you may be reimbursed for:

  • Adaptations made to your home
  • Lost earnings
  • Travel costs
  • Costs for care in the home
  • Medical expenses

A man in a white T-shirt with his arm in a black brace

Can I Claim Extra For Psychological Impact?

When you suffer an injury at work, it can have a serious impact on your mental health. For example, you may experience anxiety when you think about returning to work. If you choose to work with one of our solicitors, they can help you gather evidence to show the psychological impact that the incident has had on you. This can then be considered for the valuation of your compensation.

Contact an advisor today for more information about what you may be able to claim compensation for. They could connect you to a solicitor who could ensure that the impact you have suffered is reflected in the valuation of your compensation.

Common Causes Of Broken Hand Injuries In The Workplace

You could suffer a broken hand injury in the workplace due to many different reasons.

For example:

  • Your employer was aware that there had been a spillage; however, you slipped and fell, injuring your hand as it broke your fall because no warning signs were erected.
  • An accident occurs when you use faulty machinery while working in a factory. The machine crushes your hand and causes a broken bone. Your employer had failed to maintain the machinery and check for faults.
  • A shelving unit has not been properly secured in your workplace, meaning that a heavy item falls off and hits your hand as you walk past. One of your bones is broken during this crush injury.
  • The ground by the doorway to your workplace has frozen over, which your employer is aware of. You slip over on the ice and break a bone in your hand.

If you’re unsure whether you can claim compensation for your work-related accident, contact our advisors for more information.

Negligence And Employer Responsibility

When an employer fails in their duty and causes you injury, this is negligence. The employer must follow legislation to limit the exposure of employees to harm when working, such as:

Will I Still Be Able To Make A Broken Hand At Work Claim If I’m Partially Responsible?

You may still be able to make a broken hand at work claim if you are partially responsible for the incident or injury. However, it may mean that the claim will be settled on the basis of either split liability or contributory negligence. 

  • Split Liability: Such cases occur where there is a shared responsibility for an accident at work. Say you are going too fast while driving a forklift at your warehouse, but your employer hasn’t adequately maintained the vehicle itself. In such a scenario, both you and your employer may be liable for the incident.
  • Contributory Negligence: May apply in situations where you contributed to the severity of the injuries sustained in an accident. For example, you might be deemed partially responsible if you were not wearing employer-supplied impact-resistant gloves when you broke your hand because of defective machinery.

In both cases, broken hand at work compensation may be reduced to reflect the level of responsibility you’re deemed to have had. For instance, if you are found to be 25% at fault for your injuries, you’d get 75% of the compensation you’d have received had you not been partially responsible.

Do you have any questions about what happens when liability for an injury or accident isn’t clear-cut? Or would you like further information on the duty of care your employer has to you? Our advisors are live 24/7, so you’ll always get a quick response to queries like ‘Can I claim if I broke my hand at work?’

A man with a broken arm wrapped in white bandages

Steps To Take If You’ve Broken Your Hand At Work

If you think you are eligible to file a claim for broken hand at work compensation, continue reading to learn more about the process. Here, we provide more information about what evidence you need and how the process works.

Gather Evidence

In order to claim, you will need to prove that your employer’s negligence caused you to suffer an injury. Evidence may include:

  • Bank statements or payslips (to show lost earnings)
  • Photos or videos (including CCTV)
  • Receipts for payments made for home adjustments
  • Contact information of people who witnessed the incident
  • A copy of your medical records
  • Copies of accident reports (your employer should have logged the incident in an accident report book)

If you need further advice about what evidence supports your claim, you can speak with our advisors.

Find A Solicitor

If you feel overwhelmed at the prospect of filing a claim, you should consider working with one of our solicitors. They can help your case by:

  • Corresponding with the defending party
  • Advising how you can get the right evidence together for your claim
  • Making sure that the claim is filed within the necessary timeframe (which we will discuss in the next section)
  • Negotiating a settlement so that your compensation includes damages that are relevant to your claim

Furthermore, our experienced personal injury solicitors can help you to follow all stages of the claim and seek compensation. Specifically, they could offer you a No Win No Fee contract, such as a Conditional Fee Agreement (CFA). This means that you do not have to pay any solicitor fees for the work done on your case:

  • Before the start of your claim
  • Throughout your claim
  • If your claim is not successful

Typically, the only fee that you will need to pay is a success fee. This is a legally capped percentage taken out of your compensation that you pay for your solicitor’s work if your claim is successful. The cap ensures that the majority of the compensation still ends up in your pocket.

The Time Limit For Hand Injury Claims

You must submit your claim for broken hand at work compensation within 3 years of your accident. This is required by the Limitation Act 1980. However, there are exceptions to the limitation period if an individual cannot make a claim on their own because:

  • The person is under 18. In such cases, the 3 years take effect from the date of a child’s 18th birthday.
  • The claimant does not have mental capacity. Under the Mental Capacity Act 2005, the 3-year time limit would only apply from the date that a person recovers their mental capacity.

Our solicitors, who are experienced in handling such claims efficiently, will ensure that your claim is filed within the correct time limit.

Will I Need To Go To Court?

Since taking a claim to court is often a time-consuming process, many cases are settled outside of court. However, you may need to take your claim to court if:

  • The defendant does not accept liability- the court will then need to decide who is responsible for your injury
  • The defendant accepts liability but cannot reach an agreement with you about the level of compensation
  • The personal injury claim is reaching the end of the 3-year limitation period (as discussed in the previous section)

Additionally, a settlement cannot be accepted on behalf of a person who is under eighteen or incapacitated without court approval. Although the claimant may be represented by someone else, who is referred to as a litigation friend, the claim must go through the court in accordance with Part 8 court proceedings.

You do not need to worry about whether you should take your claim to court. Our solicitors can help you at every stage and advise you on any decisions about your case.

However, if you have any further queries about the claim process, compensation amounts, or your eligibility to claim for broken hand at work compensation, you can seek free advice from one of our advisors today:

A broken hand claims solicitor sitting behind a mahogany desk.

More Information

You can also:

Further resources:

Thank you for reading this guide on how to claim broken hand at work compensation.