In this guide, we’re going to review when a data breach claim for sending a fax to the wrong person may be justified. We’ll also look at what type of damage could be claimed and how much you might be paid.

Would you be surprised to know that fax machines are still used today? While they are old technology, some businesses and public bodies still use them. The security offered by these devices was designed well before the UK General Data Protection Regulation (UK GDPR) was introduced but communications sent in this way still have to adhere to the new rules.

Breaches Of Data Security Involving Faxes

Sending a fax to the wrong person data breach claims guide

The UK GDPR along with the Data Protection Act 2018 are laws governed by the Information Commissioner’s Office (ICO). Together, these laws set out how organisations (data controllers) can use your personal data.

If the rules are broken, the ICO might decide to take action. That could lead to a financial penalty as well as enforcement action. However, the ICO cannot award compensation to you regardless of the consequences of the data breach. For that reason, you may wish to take your own legal action.

If you have suffered damage to your mental health or finances after a fax containing your personal information was sent incorrectly, we could help you claim. Our team will happily review your case and give legal advice for free.

Where there is a reasonable chance of success, we could appoint a data breach lawyer from our team. If they agree to work for you, it will be on a No Win No Fee basis.

Interested in discussing your claim right away? If so, please call us on 0800 073 8804 today, write to us about your claim online, or chat now using our live chat service.

Alternatively, please read on to find out how mistakes involving faxes can result in a data breach claim.

Select A Section

• A Guide To Data Breach Claims For Sending A Fax To The Wrong Person
• How Common Are Sensitive Information Data Breaches?
• What Is A Data Breach Claim For Sending A Fax To The Wrong Person?
• Misdirected Faxes Containing Medical Data
• Causes Of Fax Data Breaches
• What Factors Could Cause Sending A Fax To The Wrong Person?
• Guidance To Prevent The Sending Of A Fax To The Wrong Person
• NHS Fax Data Breaches
• Example Of Non-Material And Materials Damages
• Calculating A Data Breach Claim For Sending A Fax To The Wrong Person
• No Win No Fee Data Breach Claim For Sending A Fax To The Wrong Person
• Getting In Touch About Your Case
• Learn More
• FAQs – Data Breach Claim For Sending A Fax To The Wrong Person

A Guide To Data Breach Claims For Sending A Fax To The Wrong Person

According to the latest data protection laws, organisations need a lawful basis to process personal data. This is any information that could identify you. For example, the UK GDPR covers files or documents that contain your name, address, telephone number, email address, bank account number or NHS number.

Where the rules are broken you may be able to claim data breach compensation if the incident causes you to suffer damage to your finances or mental health.

An example might be where your medical records are sent to the wrong fax number. In this instance, you may have the grounds to make a data breach claim for the sending of a fax to the wrong number. That’s because medical records will contain personal information and could lead to distress or anxiety if they are read by an unauthorised third party.

As we continue, we’ll look at other examples of data breaches involving faxes that could justify a compensation claim. We’ll also provide more details on what type of suffering you could claim for.

Something that you should consider is that data breach claims must be started within the relevant time limits. For some claims, that is as long as a 6-year period. However, claims for data breaches by public bodies could have as little as 1-year in which they must be started. It is worth clarifying how long you have to claim with one of our advisors if you contact us.

When you have completed this article, please let us know if you have any questions. Our team are ready to review your claim for free and provide legal advice on your options.

How Common Are Sensitive Information Data Breaches?

As fax machines are very old technology, you might think data breaches involving them aren’t that common. However, you’d be surprised how many industries still rely on them to send invoices, contracts and medical records.

Although there are no specific statistics relating to fax machine data breaches, the ICO does record those involving documents posted or faxed incorrectly. In the first financial quarter of 2021, there were 219 incidents according to the ICO’s latest figures.

In the graph below, we’ve broken these incidents down to show which sectors they were most common in. As you can see, the top 3 sectors include health, local government and finance.

What Is A Data Breach Claim For Sending A Fax To The Wrong Person?

A data breach relating to the sending of a fax to the wrong person is where personally identifiable data is accessed, lost, changed, destroyed or disclosed because a document was sent to the wrong number. Where that leads to problems for the data subject, they may have grounds to seek compensation.

Misdirected Faxes Containing Medical Data

One key area where faxes have been used to transfer important documents is in the health service. While the government has ordered all fax machines to be scrapped by April 2020, there has been no clear announcement as to whether they have been completely removed.

In the past, they were used by:

• GPs to refer patients to hospitals.
• Hospitals to arrange patient transfers.
• Pharmacies to send or receive prescription information.
• NHS trusts.

If you believe you have been harmed by a data breach involving any of these services, please call our team today if you’d like us to check your options for free.

Causes Of Fax Data Breaches

In this section, we are going to look at some of the reasons why mistakes can happen when sending faxes.

Human Error

One of the most basic mistakes that could cause a fax to be sent incorrectly is human error. This could simply be a matter of entering the wrong fax number or forgetting which organisation the fax should go to.

Poor Administrative Processes

With any paper-based exercise, there should be clear processes in place with how the task is handled. Simply placing faxes in a pile next to the fax machine could easily result in faxes going astray, or loose pages being sent to the wrong destination.

Misdelivery Of Data

As well as faxing to the right recipient, it is important that the correct data is sent too. For example, if a fax is being sent from a care home to a GP surgery, there is no need to include the patient’s payment details with their medical records.

The rules of the UK GDPR say that whenever personal data is processed, only the minimum amount required to fulfil the task should be handled.

What Factors Could Cause Sending A Fax To The Wrong Person?

As part of any new task, project or function a company performs, they should think about whether personal data is required and how it will be processed. By doing so, they could stop a data protection breach from happening. Some of the factors they should consider include:

• Methods of processing data.
  Although faxes are still commonly used, companies should check if there is a better method of transmitting data that is more secure. As mentioned earlier, faxes offer no form of encryption so checking that the fax has arrived can be time-consuming.
• Training of staff.
  Again, training staff is vital when it comes to processing personal data. Training should form part of any new project so that staff understand the type of data they’ll be handling and how it should be processed. This can relate to redacting information prior to sending.
• Opportunity for mistakes.
  One of the easiest ways to prevent data protection errors is to remove the opportunity for them to happen. For example, to prevent faxes from being sent to the wrong person, the fax machine could be password protected to stop untrained staff from using it. Additionally, where possible, the fax machine could be set up to only allow calls to specific phone numbers to reduce the risk of errors.
• Monitoring and updating.
  Once a process has been established within an organisation, it should be monitored and regularly reviewed. By doing so, if there are any problems, the process can be modified to help ensure data protection compliance.

Guidance To Prevent The Sending Of A Fax To The Wrong Person

To make a data breach claim for sending a fax to the wrong person, the data subject would need to show that the organisation they blame allowed the breach to happen through its own actions (or lack of action).

Therefore, it would seem a good idea for organisations to implement measures to reduce the risk of such breaches. Many companies will appoint a data breach officer to help with this. As part of their role, they may:

• Define a clear data protection policy and train all staff on it.
• Monitor personal data usage to make sure the company complies with its data protection responsibilities.
• Set up a retention policy so personal data is never kept longer than necessary. This is a requirement of the UK GDPR.
• Be the point of contact for any data protection complaints from customers.
• Be the liaison with the ICO.
• Set up a plan of what to do if a data breach occurs.

While these measures may seem time-consuming, they could help prevent data breaches where faxes are sent to the wrong person. Furthermore, they could prevent the company from receiving a hefty ICO fine.

NHS Fax Data Breaches

As mentioned earlier, faxes have been used in medical facilities for quite some time. In this section, we are going to provide information about a breach that resulted in a £90,000 fine, according to reports.

The ICO issued the fine to Central London Community Healthcare (CLCH) NHS Trust. The incident was reported to be a serious data breach where patient information was faxed to the wrong number. In total, 59 faxes were sent.

The information that ended up with the wrong person included details of resuscitation instructions, medical diagnoses and information relating to the patient’s domestic situations.

The ICO fined the health trust for failing to provide the individual responsible with adequate data protection training. They also found that there weren’t sufficient checks in place to ensure faxes were arriving with the correct recipient.

Source: https://www.wired-gov.net/wg/wg-news-1.nsf/article/London+NHS+Trust+fined+90000+for+serious+data+breach+22052012160827?open

Example Of Non-Material And Materials Damages

It would be really nice if claiming compensation for a data breach was as easy as telling the defendant how much money you’d like to be paid. However, the claims process is a bit more complex than that. Every part of your claim must be explained, justified and backed by evidence.

It’s possible to seek compensation for two forms of damage:

• Material damage. The amount you’ll claim for any financial losses, costs or expenses.
• Non-material damage. Where your claim focuses on any psychological injuries such as stress or anxiety.

Material damage is usually quite straightforward to calculate. For example, you can provide receipts or bank statements to show your losses. This might be the case if money is stolen from you by criminals using your personal data in identity theft.

For non-material damage, you’ll need to use medical records to prove what mental conditions you’ve been diagnosed with as a result of the data breach.

But that’s not the end of the claim though. Some consideration needs to be given to any future suffering too as you can only make a single claim. Therefore, during the claims process, if you’ve suffered mentally, you’ll need a medical assessment. This will be performed by an independent medical expert. They will use your medical records to review how you’ve suffered. They’ll also ask how your injuries have affected you. If their prognosis shows that you’ll be affected by mental injuries in the medium to long term, this could be factored into your claim.

We believe it’s important to ensure everything is included within your claim. We also believe your best chance of being properly compensated is by having a data breach lawyer on your side. If you’d like to work with one of our data breach specialists, why not call today to see if your case will be accepted?

Calculating A Data Breach Claim For Sending A Fax To The Wrong Person

In this section, we’re going to consider how much compensation might be payable for damage inflicted by a wrong fax data breach. To learn how awards are made in data breach claims, we need to look at a couple of recent court cases and their outcomes.

In 2015, in the case of Vidal-Hall and others v Google Inc at the Court of Appeal, it was held that:

• Claimants are able to sue for psychiatric damage caused by data breaches, even when no money has been lost because of the incident.
• This is a move away from previous rulings where a monetary loss was needed before an injury claim could be made.

In a separate case, Gulati & Others v MGN Limited [2015], the court stated that:

• Compensation for psychiatric injuries could be valued with reference to injuries in personal injury claims.

Therefore, the compensation table below use personal injury claim figures as found in guidelines from the Judicial College:

If you’d like us to review your claim and assess how much you might be paid, please call our team to find out your options. You can also try using our compensation calculator tool.

No Win No Fee Data Breach Claim For Sending A Fax To The Wrong Person

The one thing that is most off-putting about taking legal action is the thought of losing money on solicitor’s fees. To ease that worry, our team of solicitors offer a No Win No Fee service for all claims they take on. That means you will find the claim less stressful as your financial risk will be reduced.

When you get in touch, the merits of your case will need to be reviewed. If the solicitor agrees to represent you, they’ll give you a Conditional Fee Agreement (CFA). The purpose of this contract is to show you what your solicitor will need to do before you need to pay them—in other words, the conditions they need to meet to get paid. Essentially, it will make it clear that solicitor’s fees aren’t payable unless you receive compensation.

Where that happens, your solicitor will deduct a small success fee from the compensation. This will be listed in the CFA as a percentage of the settlement you receive. Importantly, you don’t need to worry about being overcharged as success fees are capped by law.

If your claim doesn’t end in success, you won’t be responsible for any of your solicitor’s fees.

Would you like an advisor to check your eligibility to claim through our No Win No Fee service? If so, please get in touch today.

Getting In Touch About Your Case

We hope that you now understand why you could make a data breach claim for the sending of a fax to the wrong person. If you’d like Legal Expert’s support with your claim, you can:

• Call our team for free advice on your options on 0800 073 8804.
• Ask a member of our team to call you back by completing this online form.
• Email information about your data breach claim to [email protected].
• Use live chat at the bottom of the screen to discuss your case online.

For your convenience, we operate our claims line 24-7. Therefore, please feel free to call when it’s most convenient.

Learn More

You have almost completed this article about making a data breach claim for sending a fax to the wrong person. Therefore, we have added a few more articles below that you might find useful if you decide to proceed.

Fax Data Breaches – This guide from the ICO provides more information on how faxes could result in data breaches.

The Privacy And Electronic Communications Regulations 2003 – Legislation relating to how communications are sent electronically.

Support For Stress – Information from the NHS on what support is available for stress.

Loss Of Personal Data – Advice on claiming if your personal data is lost by an organisation.

Social Services GDPR Data Breaches – Information on how a breach by social services could be claimed for.

Post-Traumatic Stress Disorder – An explanation about why a data breach could lead to a PTSD claim.

FAQs – Data Breach Claim For Sending A Fax To The Wrong Person

Are fax data breaches reported to the ICO?

All data breaches that could affect a data subject’s rights are reportable to the ICO. Therefore, if a fax was sent to the wrong recipient and it contained personally identifiable data, it should be treated as a data breach and reported accordingly.

Is it safe to send sensitive information by fax?

Faxes operate on old technology and, as a result, are not very secure. While the information is transmitting, it could be intercepted as there is no form of encryption or security. Furthermore, it is possible that if the recipient leaves the document on their fax machine for some time, it could be accessed by unauthorised parties.

Do data breach laws cover faxes?

The UK GDPR applies to any file or document containing data that could identify an individual or data subject. That means that as well as computer files, any physical documents such as letters, surveys and faxes also fall within the scope of the new laws.

Who pays my compensation for sending the wrong fax?

While the ICO has powers to issue fines of up to £17.5 million following data breaches, it can’t get involved in compensation claims. Therefore, if you have been affected by a UK GDPR breach, you could ask a data breach lawyer to help you claim. If compensation is secured, it will be paid by the organisation responsible for your personal data.

Thanks for reading about how to make a data breach claim for sending a fax to the wrong person.

Guide by Hambridge

Edited by Billing

By Lewis Cobain. Last Updated 1st April 2025. In this guide, we look at making a wrong postage address data breach compensation claim.

During the course of the guide, we’ll look at how the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) have been introduced to help protect personal data. The idea behind this legislation is to stop personally identifiable information about you (the data subject) from being used in a way you wouldn’t agree with.

Legal Expert is here to help if you are interested in claiming for a wong postage address data breach. When you call, we’ll conduct a no-obligation assessment of your case and give free legal advice. If your claim is suitable our data breach lawyers can get right to work.

To learn more about our claiming compensation and how it works, why not check out our video below:

Please call today if you’d like to find out more on 0800 073 8804. Otherwise, please read on to find out more about postal data breaches.

Select A Section

1. 1. Could I Claim For A Wrong Postage Address Data Breach?
   2. How Could A Letter Get Sent To The Wrong Address?
   3. What To Do If A Letter Is Sent To The Wrong Address
   4. What Can I Claim If A Letter Was Delivered To The Wrong Address
   5. Can I Claim For A Wrong Postage Address Data Breach With A No Win No Fee Lawyer?
   6. Make A Wrong Postage Address Data Breach Claim With The Help Of Legal Expert
   7. Learn More About Human Error Data Breaches

Could I Claim For A Wrong Postage Address Data Breach?

Personal data is any information that could identify you directly or in combination with other information. Any organisation that processes your personal data must adhere to the rules and regulations found within the DPA and the UK GDPR, as together, these make up data protection laws. If an organisation fails to take the necessary steps to protect your personal data, this could lead to a personal data breach. 

A personal data breach is a security incident that affects the confidentiality, availability and integrity of personal data.

If a letter for you is sent to the wrong address, to be eligible to make a claim for data breach compensation, you will need to prove the following:

1. The breach must have been caused by the organisation’s failings.
2. Your personal data must have been compromised in the breach.
3. As a result of the personal data breach, you must have suffered financial or mental harm.

If you are eligible to make a personal data breach claim, you must also ensure that you start proceedings within the correct time limit. Generally, you will have 6 years to start a personal data breach claim. However, this is reduced to 1 year if you are making your claim against a public body.

Contact our advisors today to see if you could have a valid personal data breach claim if a confidential letter was sent to the wrong address.

How Could  A Postal Data Breach Impact You?

When you are the victim of a wrong postage address data breach, it can be an extremely stressful scenario. Your home should be a space where you feel safe, so not knowing whether someone has access to your postal address can cause psychological distress. This can particularly apply to people in sensitive job roles, such as members of the police. 

You may need to seek medical treatment to deal with your mental distress. Many data breach victims deal with conditions such as depression, anxiety and PTSD. This may require you to seek treatment through medication or counselling. Some victims even have to relocate, uprooting their lives and incurring costs. This can exacerbate feelings of distress further.

Costs relating to the impact of a data breach can add financial anxiety to an already difficult situation. Fortunately, eligible data breach claimants can often reclaim financial costs via a compensation claim. This can help people move forward with their lives and focus on recovering from their psychological injuries.

Our advisors are trained to deal with sensitive matters and have handled many similar enquiries. If you would like to speak to an understanding and experienced advisor to find out whether you can claim for a wrong address data breach, please contact our team. They can discuss the details of your claim and assist with any queries you may have about the process.

How Could A Letter Get Sent To The Wrong Address?

Let’s now take a look at the types of incidents that could lead to a wrong postage address data breach.

Wrong Address

Quite simply, if a letter is sent to the wrong address, it could mean that a data subject is identified by the person who receives the letter.

The data controller may send a letter to an incorrect address because they don’t have your new one on file. In that instance, if you haven’t notified them of your change of address, they might not be liable for the mistake.

However, if they do have your correct address because you’ve notified them of it, and they send it to the wrong one anyway, the data breach could be seen as their fault.

Multiple Wrong Letters Being Sent

As part of the UK GDPR, personal data must be kept up to date. If a mistake is spotted it should be corrected or deleted. Therefore, when an organisation has contact with a data subject, it may be wise to confirm their current address. This action could prevent multiple letters from being sent to the wrong address.

Multiple Letters Sent In A Single Envelope

Another type of breach is where an envelope contains multiple letters that weren’t all intended for the recipient. In a recent example of this, a council resident reported seeing the names, addresses, tenant reference numbers, payments and dates of other tenants. As most of that information could identify other data subjects, a potential data breach may have occurred.

Source: https://www.oxfordmail.co.uk/news/19458894.oxford-city-council-apologises-potential-data-breach/

What To Do If A Letter Is Sent To The Wrong Address

So, if you become aware that a data breach involving your personal data has happened, what should you do? Well, we’d suggest that you:

• Collect any evidence that’s available. This might include a letter or email confirming the breach has happened. You could also use bank statements to show resultant losses or medical records to show diagnosed mental injuries caused or worsened by the breach.
• Call Legal Expert to ask for a free review of your case.

Another question you might ask is whether the ICO should be informed about the breach. The answer is that you don’t need to involve the ICO to take legal action. However, it may be helpful to have a report on the data breach if extra evidence is needed to support your claim. It’s probably a good idea to discuss this with your solicitor (if you use the services of one) and they’ll advise whether you need to speak with the ICO or not.

If you do, the process to do so is as follows:

1. Raise a formal complaint with the data controller about your concerns.
2. Await a response and escalate the complaint if necessary.
3. If you don’t get a satisfactory response, before 3 months have passed since your last update from the data controller, contact the ICO.

Again, the ICO may decide to take action against a company found to be breaking data protection laws. However, they won’t necessarily get involved in your claim for compensation.

What Can I Claim If A Letter Was Delivered To The Wrong Address

If a successful claim for a letter sent to the wrong address is made, data breach compensation can be awarded for two types of damage. These are:

• Material damage: referring to financial harm.
• Non-material damage: referring to psychological distress.

Those valuing your claim for non-material damage could refer to the Judicial College Guidelines (JCG) alongside your medical evidence to reach a potential compensation figure. This publication contains guideline compensation figures for various injuries. We have used the psychological distress figures in the table below:

Compensation Table

Please be advised that the first entry was not taken from the JCG and that this information has been provided to act as guidance only.

Material Damage

Mail sent to the wrong address could result in significant financial losses. This is referred to as material damage. We have given some possible examples of such damages here:

• The cost of relocation if your address was compromised.
• Counselling, therapy or other treatment for the distress caused.
• Installation of security measures at your home.

To get a more personalised idea of the data breach compensation you could claim after post was sent to the wrong address, contact our advisors today using the details provided below.

Can I Claim For A Wrong Postage Address Data Breach With A No Win No Fee Lawyer?

If your personal data was breached when an organisation sent a letter to the wrong address, you may be looking to be compensated for the harm this has caused you. You could benefit from having the support of a specialist data breach solicitor. One of our solicitors could support your case. They have lots of experience with data breach claims.

Typically, our data breach solicitors offer their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.

When your solicitor works under this type of agreement, you won’t be asked to pay any upfront or ongoing fees for their services. You also won’t have to pay for their work on your case if your claim is unsuccessful.

If your claim has a successful outcome, your solicitor will take a success fee out of your award. The law limits the percentage that can be taken as this fee.

For further information about what to do if your personal data was sent to the wrong address, get in touch with one of the advisors from our team. They can also assess whether you have valid grounds for a claim, and if you do, you could be passed on to one of our solicitors.

Make A Wrong Postage Address Data Breach Claim With The Help Of Legal Expert

If you believe that you’ve been harmed by a wrong postage address data breach and would like to take action, why not call Legal Expert? To do so, you can:

• Call our specialists on 0800 073 8804.
• Ask an advisor to review your options online.
• Use our claim online form so we can contact you at a time best for you.

If you have a busy schedule, don’t worry. Our advice line operates 24 hours a day, 7 days a week so please call when it’s convenient for you.

Learn More About Human Error Data Breaches

Hopefully, our guide has explained whether a letter to the wrong address is a breach of data protection. To support you further, we have added a few more guides that could come in handy.

• Reporting A Data Breach – ICO guidance on when and how you should report potential data breaches.
• Freedom Of Information – Details from the government on when you can ask public bodies for information.
• Data Breach Stress – Guidance on when you could claim for stress caused by a confirmed data breach.
• Loss Of Medical Records – Information about what problems can arise if your medical records are lost.
• Claiming Data Breach Compensation – This article explains why you might be allowed to claim for different types of data breaches.

If you need any more advice on what to do if a letter for you was sent to the wrong address, get in touch.

Last updated 21st May 2025. Welcome to our guide looking at claiming with our expert traumatic brain injury lawyers. Have you or a loved one sustained a traumatic brain injury? Did this happen as a result of third-party negligence? If so, you may be able to claim. This guide will aim to cover some important aspects of making a claim for this kind of injury.

Our brains are the centre of our central nervous systems. They are arguably one of the most important organs in the body.

When your brain is damaged, it can have a severe impact on your quality of life. For example, you might experience paralysis. A brain injury could also affect your personality and cognitive ability.

If you’d like to know more about making a claim for this kind of injury, we can help. Our team of friendly and knowledgeable advisors are on hand to help you start your claim right now:

• Call us on 0800 073 8804
• Email or write to us at Legal Expert
• Use our ‘live support’ option bottom right for immediate help

Select A Section

1. What Is A Traumatic Brain Injury?
2. How Could Our Traumatic Brain Injury Lawyers Help You?
3. How Could You Suffer A Traumatic Brain Injury?
4. The Prevalence Of Traumatic Brain Injuries
5. Traumatic Brain Injury Symptoms
6. Types Of Traumatic Brain Injury
7. What Is The Prognosis For Victims Of Traumatic Brain Injuries?
8. Compensation Payouts In Traumatic Brain Injury Claims
9. No Win No Fee Claims With A Traumatic Brain Injury Lawyer
10. Start Your Claim With A Traumatic Brain Injury Lawyer
11. Essential References
12. FAQs Traumatic Brain Injury Claims

What Is A Traumatic Brain Injury?

A traumatic brain injury (TBI) is an injury to the head that impacts the functioning of the brain. TBI can cause lifelong disability or may even be fatal. There are many different kinds of accidents that could lead to this kind of injury.

Traumatic brain injuries are caused by an outside force (like a fall or a blow to the head). However, not all head injuries will result in a TBI.

When you sustain a TBI, it is usually because of additional complications that arise after the initial blow to the head. This could include:

• A lack of oxygen to the brain
• Rising pressure in the skull
• Swelling on the brain

The brain is a very complex organ, with different parts of the brain affecting different functions. Because of this, it can be difficult to predict how a brain injury will affect you. It could result in problems like balance issues, impaired consciousness and epilepsy.

How Could Our Traumatic Brain Injury Lawyers Help You?

If you, or someone you know, has sustained a traumatic brain injury due to a breach of duty of care, our specialist lawyers can help you claim compensation in many ways.

Here is just some of the work that a traumatic brain injury lawyer of ours can do for you:

• Use their years of experience to advise you through each step of the claims process, and keep you regularly updated.
• Help you gather evidence.
• Communicate with the defendant, and other relevant parties, on your behalf.
• Negotiate the fairest brain injury settlement for you possible.
• Explain legal jargon.
• If you have any immediate costs that need paying regarding the brain injury, they can help you apply for interim payments. 

As you can see, a traumatic brain injury solicitor can do most of the hard legal work for you. So, you can focus on recovering from your injury, or supporting the person you know who is injured. To find out whether you can connect with one of our traumatic brain injury specialists to help you, please have a chat with us today.

Could You Suffer A Traumatic Brain Injury?

Below, we have included some information on the duty of care that is owed to you in different circumstances and how this duty could be breached, resulting in a brain injury.

The Workplace

The Health and Safety At Work etc. Act 1974 is the legislation that outlines the duty of care that employers owe to their employees. It states that an employer must take all reasonably practicable steps to ensure your safety and wellbeing.

If they fail to do this, you could suffer a brain injury. For instance, one of the things your employer is expected to do as part of their duty of care is to provide you with the right Personal Protective Equipment (PPE) to do your role.

For example, if your employer fails to provide you with a hard hat and you’re hit on the head by a falling object, then this could cause a brain injury. As a result, you may be able to claim for injuries caused by this accident at work.

Medical Negligence

When you seek medical attention, you’re entitled to a minimum standard of care. But sometimes, this minimum standard is not provided, and you’re injured, or your condition worsens as a result.

For example, if you sustained a head injury and sought medical attention, but the person examining you did not take your symptoms seriously and failed to check for the signs of a TBI, then your condition could get worse. If this delayed diagnosis and treatment happens because of negligence, you may be able to claim.

The Bolam test is usually administered to determine whether a healthcare professional’s actions were negligent or not. A peer group of doctors will be asked whether the care provided was of an acceptable level.

If they believe the person treating you provided care of an acceptable level, then medical negligence will not be said to have occurred, even if you were caused harm as a direct result of the treatment. If they say that the level of care provided was not acceptable, then this could be an example of negligence.

In Public Places

The Occupiers’ Liability Act 1957 is the law that outlines the duty of care owed to you in public. It states that the person in control of a public place (the “occupier”) has to take all reasonably practicable steps to ensure your safety while using the space.

A public place accident could mean you have a slip, trip or fall and hit your head badly as you land. Alternatively, something like a ceiling tile or a shelving unit could fall on your head if it was not sufficiently secured. If you can show that the occupier of the space neglected their duty of care towards you, leading to your injury, then you may be able to claim.

On the Roads

The Highway Code outlines the duty of care that all road users owe to one another. Every road user has a legal responsibility to drive with the standards of skill and care of the average motorist.

If you’re injured in a road traffic accident because another road user breached this duty of care, you may be able to claim. For instance, a drunk driver could be travelling down the wrong side of the road, which causes them to collide with your vehicle head-on. If you hit your head against the windscreen or steering wheel, you could sustain a brain injury.

Criminal Injury

Serious head injuries can also be the result of a violent attack. Victims of an assault could sustain a blow to the head in the course of an aggravated assault or in street crime.

The Criminal Injuries Compensation Authority (CICA) are an executive organisation with sponsorship from the Ministry of Justice. They can pay damages in some instances to the victims of violent criminal injuries.

There are some differences in the processes of making a claim through the CICA and through the usual channels. Check with our team first, and we can offer you more information.

The Prevalence Of Traumatic Brain Injuries

Headway, a brain injury charity in Great Britain, has released some statistics on the amount of hospital admissions for an acquired brain injury (ABI) there have been in the UK in 2023-24. ABIs include strokes, brain tumours, non-superficial head injuries, encephalitis, and a variety of other conditions.

The key statistics show:

• There were 335,409 ABI hospital admissions. This equates to approximately 919 per day, which is 1 every 90 seconds.
• There were 123,969 head injury hospital admissions, which is 1 every 4 minutes. 
• Males were 1.5x as likely to be admitted than females for a head injury.
• There were 42,892 brain tumour hospital admissions. 
• There were 143,446 stroke hospital admissions, which is 1 every 4 minutes.

As you can see, there were a lot of people who sustained a brain injury in 2023-24. However, the statistics do not indicate how many of these brain injuries were a result of negligent conduct by others. So, if you would like to learn more about whether you are eligible to claim compensation with a serious brain injury solicitor, whether that be for yourself or someone you know, please contact us today. Our team is on hand 24/7 to help you.

Traumatic Brain Injury Symptoms

Traumatic brain injury symptoms can vary depending on how severe the injury is. For example, you may experience:

• Unconsciousness
• Concussion
• Vomiting
• Memory loss
• Problems with coordination
• Fits or seizures
• Loss of, or impact on, one or more senses
• Cognitive difficulties
• Emotional responses that are not appropriate

If you’re with someone who has experienced a head injury and they exhibit any of the symptoms above, you should take them to A&E as soon as you can. You should also take someone to A&E if they have injured their head and:

• The injury was caused by a forceful blow to the head
• They’ve previously had brain surgery
• They’ve had problems with uncontrollable bleeding or a blood clotting disorder in the past
• The injured person has consumed drugs or alcohol

Types Of Traumatic Brain Injury

Below, we have included some information on the different kinds of injuries you could sustain as a consequence of a TBI.

• Brain contusions: A brain contusion is a bruise on the surface tissue. In the same way as other bruises, blood raises to the outer layer of the brain and can collect there, trapped between the surface of the brain and the skull. Contusions can appear anywhere in the brain, but they’re often found at the base of the front parts of the brain.
• Hematoma: This is a blood clot on the surface of the brain (epidural hematomas) or in the brain itself (subdural hematomas).
• Skull fractures: If the skull fractures with enough force, the resulting impact on the brain could cause a TBI.

This list is not exhaustive. If you’ve sustained a TBI and it’s led to a complication that we have not listed above, then simply get in touch with our team. We’ll be able to offer you a no-obligation valuation of your claim.

What Is The Prognosis For Victims Of Traumatic Brain Injuries?

In some cases, a TBI can be treated using surgery. This may be an option if your injury has resulted in a contusion or hematoma that is putting pressure on the brain. Sometimes, surgery might happen a few days after the injury if the hematoma grows.

It’s not currently possible to treat nerve damage caused by a TBI. For this reason, non-surgical TBI treatment options usually aim to prevent further damage to the brain.

For example, your blood pressure may be monitored and, if possible, brought into a normal or sometimes slightly elevated range. This is because an injured brain is particularly vulnerable to damage caused by low blood pressure.

Brain injuries can also have an impact on your emotions and cognitive abilities. In some cases, you may be offered rehabilitation to help you cope with life after your brain injury. For example, you could be offered occupational therapy to help you address issues with your home or workplace or speech and language therapy if these have been affected.

Compensation Payouts In Traumatic Brain Injury Claims

There are two kinds of compensation that a traumatic brain injury lawyer could help you pursue. These are general damages and special damages. General damages are awarded to all successful claimants and aim to compensate you for both your physical and mental injuries and the effect that these injuries have on your life. 

When a brain injury lawyer or solicitor values this head of claim, they refer to the Judicial College Guidelines (JCG). This is a document that offers guideline compensation amounts for different injuries, including varying severities of brain injury. Below, you can find some examples of these brackets, but please be aware that they are for illustrative purposes only. The top figure is also not from the JCG.

Special damages are the head of claim aimed to address the financial losses caused by your injuries. For example, you may need the help of a mobility aid such as a cane or wheelchair to get around following a brain injury. In this case, the cost of this aid could be recouped under special damages.

This heading can also help cover the cost of:

• Prescriptions
• Home nursing care
• Help with cooking and cleaning 
• Childcare
• Travel

To claim back these costs under special damages, you need to be able to provide proof, such as a bank statement or invoice.

Our team of advisors are here to help. Get in touch today to find out if one of our brain injury compensation lawyers could help you with your claim.

No Win No Fee Claims With A Traumatic Brain Injury Lawyer

When you work with a traumatic brain injury lawyer under a No Win No Fee agreement, you don’t pay any fees in order for them to start work on your claim. There are also no fees as the case moves forward. Furthermore, there are none at all to pay your lawyer if your case is unsuccessful.

If your case is successful, you pay the lawyers a small “success fee” from your settlement after you receive it. This percentage will be legally capped, and you’re always guaranteed the majority of the compensation you’re awarded.

For more information on how a No Win No Fee agreement could benefit you, why not speak to our team today? You could be connected with a No Win No Fee lawyer to work on your case.

Start Your Claim With A Traumatic Brain Injury Lawyer

To sum up, you can contact our team at Legal Expert for guidance on how to pursue a claim for TBI. After a brief, no-obligation assessment, our team could offer you the advice to start an effective claim for compensation. Furthermore, they could connect you with one of our No Win No Fee lawyers to start work on your case right away.

See how a traumatic brain injury lawyer could correctly value your claim by:

• Calling us on 0800 073 8804
• Emailing or writing to us using our online form
• Use our ‘live support’ option bottom right for immediate help

Essential References

Below, we have included some useful resources:

About Brain Injuries 

Find Your Nearest A&E

What Incidents Are Reportable Under RIDDOR? 

FAQs Traumatic Brain Injury Claims

Could I claim on another person’s behalf?

Yes. This is known as being a ‘litigation friend‘ and means that you assume all the relevant court duties for that person. It usually applies to minors but could apply to someone who can not represent themselves because they lack the mental capacity to do so.

What is the time limit on brain injury claims?

There is generally a three-year time limit to personal injury claims. This time frame starts from the date of the accident or the date you became aware that your injuries were caused by negligence. There are some exceptions that apply, and you can speak to us for more information.

What are the stages of making a claim?

You can take the following steps to strengthen your claim for compensation:

• Firstly, seek medical attention
• Collect proof that the negligence caused you harm (for example, a report in a workplace accident book)
• Put together evidence of the financial losses you have incurred

We also recommend seeking representation from a lawyer who has experience in making TBI claims.

Thank you for reading our guide on making a claim with a traumatic brain injury lawyer.

Written by Waters

Edited by Stocks

By Lewis Cobain. Last Updated 02/07/2025. Have you suffered harm after someone failed to provide you with a duty of care? If so, you may have valid grounds to seek compensation. However, it’s important to be aware of all possible outcomes of a claim, both successful and unsuccessful. For that reason, our guide will explore the question: What happens if I lose my personal injury claim?

We understand that you may not have decided to put forward a claim yet for various reasons. For instance, you may have concerns about the costs of legal representation. Alternatively, you may feel overwhelmed by the complexity of the process and need further information before you proceed.

No matter what stage you’re up to, our guide could help. We want you to be prepared, so we’ll focus mainly on the contingencies you could put in place should your claim fail. However, we’ll also provide information on the process of making a claim.

If you have any questions whilst you’re reading this guide, you can contact our team at any time. They are available to talk you through any concerns or queries you may have. For more information, get in touch using the contact details below:

• Call us on 0800 073 8804
• Send your inquiry using the contact form
• Chat with an advisor instantly using the live chat feature below

Select A Section

1. A Guide On What Happens If I Lose My Personal Injury Claim
2. What Is A Personal Injury Claim?
3. Can You Lose A Personal Injury Claim?
4. What Happens If I Lose My Personal Injury Claims? – The Process Of A Personal Injury Claim
5. How To Prove Your Personal Injury Claim
6. What Happens If I Lose A No Win No Fee Personal Injury Claim?
7. Could I Claim Compensation With A No Win No Fee Solicitor?
8. Other Guides Related To Personal Injury Claims

A Guide On What Happens If I Lose My Personal Injury Claim

As you may be aware, there are various stages to making a personal injury claim. For instance, building up evidence to prove the accident happened and show the extent of your injuries. Our guide will explore the different evidence you may need to provide to support your case.

Additionally, evidence can help to value claims. This is often done using various forms of medical reports to assess the severity of your injuries. For that reason, it can be difficult to provide an average compensation amount.

Furthermore, when putting forward a claim, it can be helpful to have a solicitor representing you. For that reason, our guide will look at the option of a No Win No Fee agreement and how it could benefit you.

Remember, if you have any questions at any point, our team is available to help. Simply call us using the number at the top of the page, or read on to learn what happens if you lose your personal injury claim.

What Is A Personal Injury Claim?

A personal injury claim is when you claim against a party for the physical pain and mental suffering their negligence caused you.

There are various day-to-day situations in which you could be owed a duty of care. If a third party breaches this and you are injured as a result, you might be eligible to make a personal injury claim. Failing to adhere to the duty of care is known as negligence.

A duty of care is owed to you:

• In the workplace: Set out in the Health and Safety at Work etc. Act 1974 (HASAWA), which requires your employer to take all reasonably practicable steps to ensure the health, safety and welfare at work of their employees.
• While using the roads: Established by the Road Traffic Act 1988. Drivers must navigate the roads in a way that avoids injury or damage to themselves and others.
• In public places: Outlined by the Occupiers’ Liability Act 1957. Those in control of a public space must employ practical measures to ensure that you are kept reasonably safe while visiting.

As part of the personal injury claim process, you will be expected to prove that a third party’s negligence caused your injuries. For example, if you are injured in a car crash, you will need to prove that the other party breached the duty of care set out in the Road Traffic Act 1988. We look at evidence later in this guide.

You may want the support of a personal injury claim solicitor to help you navigate the claiming process. Later in this guide, we look at how a solicitor may support your claim under a No Win No Fee arrangement.

Call our advisors to discuss the stages of a personal injury claim in the UK.

Personal Injury Claim Time Limits

The time limit for personal injury claims is set out in the Limitation Act 1980. It is usually 3 years from the date of the accident, but there are exceptions in place.

These 3 years are not the time frame in which you must complete your claim; they are merely the window in which you need to officially start your claim.

People under 18 cannot start a claim for themselves. A litigation friend can be appointed to represent them and start a claim on their behalf, or they can wait until they turn 18 to start a claim. They will then have 3 years to start their claim, but do not face a time limit while they are under 18.

People who lack the mental capacity to represent themselves have a similar allowance in place. Their time limits are indefinitely suspended unless they gain the capacity to claim. In such cases, they will have 3 years to start a claim.

If you have any further questions about making a personal injury claim or the time limits for compensation claims, please contact one of our advisors.

Can You Lose A Personal Injury Claim?

You may be wondering, ‘Can you lose a personal injury claim?’ There is no definite way to determine whether or not your claim will be successful. This is because all cases are different. Factors such as having sufficient evidence and submitting your claim within the limitation period could help support your claim.

If we look at data from the Compensation Recovery Unit (CRU), from 2022 to 2023, there were 542,457 settlements recorded in relation to various types of personal injury claims. During this time, £128.198 million was awarded in compensation amounts. This suggests that it is always worth taking action if you have valid grounds to claim.

Continue reading, and we’ll answer the question: ‘What happens if I lose my personal injury claim?’ Alternatively, get in touch with our advisors if you would like to receive free advice tailored to your specific claim.

What Happens If I Lose My Personal Injury Claim? – The Process Of A Personal Injury Claim

If you are thinking of making a personal injury claim, you may like to know what is involved. In this section, we investigate the personal injury claim process.

If you are eligible to claim, you will need to present the case to the defendant as a ‘letter of claim.’ This should include injury details as well as their impact on your daily life. You should also include how you believe the defendant caused this harm and any details of your financial losses.

The defendant should respond to your letter of claim in a timely manner. They could reject or negotiate. If they rejected your claim, it could be because they need more evidence or time to investigate. If that is the case, they may negotiate afterwards.

Once an offer is accepted, by you or the defendant, the defendant typically has 14 days to pay the compensation.

You may appoint an injury claim solicitor to act on your behalf at any stage during the process. A solicitor may negotiate for you. Additionally, they could help gather supporting evidence and arrange for an independent medical assessment.

Call our advisors for a free claim assessment. If they believe you have a decent chance of recovering compensation, you could be passed on to our No Win No Fee solicitors.

How To Prove Your Personal Injury Claim

There are a few different steps you can take to prove your personal injury claim, such as:

• Seek medical attention: Not only is this beneficial to ensure you receive the correct treatment for your injuries, but it can also help provide important medical evidence. For instance, doctor or hospital reports outlining any treatment you received or the diagnosis the doctor gave you.
• Gather evidence: It’s important that you have evidence to prove negligence occurred. We’ll discuss this in more detail in the following section.
• Speak to a solicitor: Although you have the option of claiming without legal representation, it can be beneficial in many ways to have the help of a solicitor. They can use their expert knowledge when handling your claim and can keep you informed during each stage.

What Evidence Can Support My Personal Injury Claim?

The kind of evidence that can support your personal injury claim will show why you have a valid case for compensation. Evidence can demonstrate how someone else breached their duty of care, causing you to sustain the injuries you did. It can also show the extent of your injuries and provide insight into their impact on your quality of life.

Moreover, compelling evidence may help ensure thoughts like ‘What can I do if I lose my claim?’ don’t become a reality. Our solicitors have found the following kinds of evidence to be beneficial: 

• Video recordings, such as footage from dashcams and CCTV.
• A copy of any police report, if one was made.
• Medical records outlining your injuries, treatments, and rehabilitation needs.
• Driver details if your injury was sustained in a road traffic accident. Those details should include contact information, as well as specifics such as vehicle registration, make, and model.
• Eyewitness contact details. Did someone witness your accident, such as a colleague or a barista? If so, get their details and pass them along to your solicitor. The information can be used to gather supporting statements for your case.

With sufficient evidence on hand, you may not have to face considerations like, ‘What steps to take if I lose my personal injury claim?’

Our advisors are ready to answer any queries you have about proving a claim. They can walk you through the process and explain how one of our expert solicitors can help you gather and piece together the evidence needed for your claim. Our next section explores the question, ‘What happens if I lose my personal injury claim?’

What Happens If I Lose A No Win No Fee Personal Injury Claim?

Following a personal injury claim loss, you do have a few options. But before we get into those, there’s probably one question you really want the answer to: “Do I owe any fees if my claim fails?”

If you claim with us, we operate a 100% No Win No Fee policy, meaning you will not pay any fees for your solicitor’s services if your claim is unsuccessful. As for what you can do, we’ve listed a few options here:

• Appeal the decision: You may be eligible to appeal the court’s decision after losing a personal injury claim and get a new ruling in your favour.
• Make a professional negligence claim: If you believe you suffered a loss of chance because your solicitor mishandled your claim, you could sue for professional negligence.

To learn more about what happens after you lose a personal injury claim, speak to our advisors using the contact information given below.

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

Now that we’ve answered the question, ‘what happens if I lose my personal injury claim?’, you may be interested in learning why hiring a solicitor under a No Win No Fee agreement could benefit you. Solicitors that offer their services on this basis use a type of No Win No Fee contract called a Conditional Fee Agreement.

As part of this arrangement, you won’t pay any upfront or ongoing solicitor fees for the work done on your claim. You also won’t have these fees if your claim is unsuccessful.

If your claim wins, you pay a success fee from your personal injury compensation for your solicitor’s services. Since the percentage you pay is restricted under The Conditional Fee Agreements Order 2013, you won’t have to worry about any excess charges.

Contact us at a time convenient for you. Our advisors are available around the clock to answer any queries you may have about the stages of a personal injury claim in the UK.

Contact Our Team

Speak to our advisors, and they can see if you are eligible to claim.

• Call us on 0800 073 8804
• Send your inquiry using the contact form on our website
• Chat with an advisor instantly using the live chat feature below

Other Guides Related To Personal Injury Claims

You can find further information on personal injury claims in our other guides:

• See our case study guide exploring the process of claiming compensation for a broken wrist sustained in an accident at work.
• Did you sustain an injury after an accident on a public bus? If so, see our guide for further help.
• Find out how to make a claim if you slipped on water in a bathroom.

You may also find the following resources to be helpful:

• See the government guide on checking your insurance policies to see what cover you have after an accident.
• Visit the Health and Safety Executive website for further guidance on managing health and safety risks at work.
• Get information on applying for Statutory Sick Pay.

Contact our advisors for more information on the question, ‘What happens if I lose my personal injury claim?’

By Lewis Cobain. Last Updated 14th October 2024. A road traffic accident can cause injuries that affect your quality of life and are difficult to recover from. If you’ve suffered from an accident on a moped due to an incident that you weren’t liable for, you may be able to receive compensation. You can do this by making a personal injury claim.

This guide will provide insight regarding this, as well as answer important questions, such as:

• What is a moped accident?
• What happens if you crash a scooter?
• In what way can a No Win No Fee personal injury solicitor from your panel help me?
• In what instances would I be able to claim for a moped crash?
• What is the personal injury claims time limit?

What Are Claims For An Accident On A Moped Worth?

Our advisors offer free legal advice 24/7, so if you have any queries, like wanting to know your eligibility to make a claim, please get in touch. You can contact us using the below details.

• Call us on 0800 073 8804.
• Please write to us with your injury details by using [email protected].
• Use our online contact form.
• Use the live chat window on the right-hand side of the screen.

Please read on to learn more about claiming for a moped accident.

Select A Section

1. 1. Calculating Compensation For An Accident On A Moped
   2. A Guide To Claiming For An Accident On A Moped
   3. Why Do Moped Accidents Happen?
   4. What Is Dooring?
   5. Moped Accidents On Bends
   6. Moped Accidents When Merging With Traffic Or Overtaking
   7. Accidents At Junctions And Crossroads
   8. Highway Code For Mopeds
   9. No Win No Fee Claims For An Accident On A Moped
   10. Start Your Moped Accident Claim
   11. Learn More About Claiming For Road Traffic Accidents

Calculating Compensation For An Accident On A Moped

There are two potential heads of claim for personal injury claims:

• General damages relate to the physical and psychological trauma caused by the injury, as well as the general decline in your quality of life.
• Special damages relate to the financial losses suffered as a direct result of the injury.

General damages

During the claims process, an independent medical assessment will be performed to clarify the full extent of the injury. Please remember that if you receive compensation for general damages, it doesn’t necessarily mean you’ll receive compensation for special damages. This is because both are calculated based on the evidence provided. However, you will not be awarded special damages without also having been awarded general damages.

Concerning general damages payouts, the Judicial College has looked at previous payouts based on the severity of the injury to create reliable compensation brackets. We use this information to provide you with as reliable an estimate as possible. This information has also been used to create our compensation calculator, which you can use to value your claim.

Below is a list of injuries and their respective compensation brackets. The Judicial College provided these figures.

Special damages

Special damages, on the other hand, will cover things like loss of earnings, the cost of medical care and travel costs to and from medical appointments. You will need to provide evidence of any financial losses you have experienced, or you will find it very difficult to claim these back.

To see if you can claim or get an estimate for what you could receive, please contact our advisors for free legal advice. They can answer any queries about the claims process. Just contact us using the phone number at the top of this screen.

A Guide To Claiming For An Accident On A Moped 

When you use a moped, you are classed as a road user. This means that you owe and are owed a duty of care by other road users, and you need to do all you can to use the roads in a way that avoids causing harm to others. Part of this duty means complying with the Road Traffic Act 1988 and the Highway Code.

To make a valid claim for an accident on a moped, you need to prove that another road user breached their duty of care and caused you harm. Together, these factors form negligence.

For example, if a drunk driver were to speed through a red light and hit you, knocking you off your moped and causing a serious head injury, then you could potentially make a moped accident claim.

To find out more about when you could be eligible to claim for an accident on a moped, get in touch with our team of friendly advisors today. Or, keep reading for more helpful information.

Why Do Moped Accidents Happen? 

Motorcycle or moped accidents can happen for many reasons. The Royal Society for the Prevention of Accidents (RoSPA) states that some of the primary reasons for a moped crash include:

• Failing to negotiate bends
• Collisions at junctions
• Collisions while overtaking other vehicles
• Losing control of the vehicle
• Excessive speed
• Driving while under the influence of alcohol

Some of these incidents would not be able to be claimed for, as someone else’s negligence would need to have caused the accident in order for you to claim compensation. For example, if you’ve injured yourself from a motorbike crash caused by you excessively speeding, you wouldn’t be able to claim as you would be deemed liable. However, if you were hit by another moped driver who was exceeding the speed limit, you may still be able to claim.

To know more about claiming for injuries like a broken tibia or a fractured humerus as the result of a moped accident, please call us using the phone number above. We are available 24/7, offer free legal advice and can tell you if you’re able to claim in just a few minutes.

What Is Dooring?

Dooring is when a car driver or passenger opens a car door into the path of another road user. This could result in different types of injuries based on the other type of vehicle involved. For instance, if you’re on a scooter or bicycle, you’re more likely to get seriously injured by this than if you were in a car. This is because a car offers more protection than a bicycle or moped.

An accident on a moped caused by someone opening a car door on you could cause an arm break or a broken leg, as you could potentially slam into the car door at high speed. This type of injury could be avoided by car occupants applying the Dutch Reach when opening car doors. RoSPA explains this technique.

When someone in a car uses the hand that is furthest away from the car door to open it, it means they are forced to twist their body as they do so, giving them a clearer view of the road. This makes them more aware of when it’s safe to open the car door, which could prevent accidents like this from happening.

Moped Accidents On Bends

The next few sections will explain in more detail the types of incidents you may be able to claim for. If you don’t see your accident circumstances listed below, don’t worry; this list isn’t exhaustive, and you may still be owed compensation for your accident.

RoSPA states that motorcyclist crashes on bends can, broadly speaking, be placed into one of three categories:

1. The motorcyclist is driving too wide on a left-hand bend, and, as such, they hit an oncoming vehicle.
2. The motorcyclist loses control while on a right-hand bend, causing them to collide with a tree or hedge on the other side of the road.
3. Another vehicle cuts the bend, resulting in them colliding with the vehicle, causing a moped accident.

Of these three scenarios, there is usually only one you could claim compensation for, as you can only potentially receive compensation due to someone else’s negligence. In most circumstances, you would be deemed liable for the first two scenarios due to an error in judgement when driving.

Moped Accidents When Merging With Traffic Or Overtaking

You could also suffer an accident on a moped while overtaking traffic that is slow-moving or completely stationary. This is known as filtering. Drivers of other vehicles can sometimes fail to realise that a smaller vehicle, such as a scooter or a motorbike, can overtake in this instance when lorries or cars cannot. Therefore, the other road user may fail to account for the approaching motorbike.

This can be an issue, as some car users may fail to take into account motorcyclists when overtaking vehicles. Other examples of incidents where you may be able to make a personal injury claim due to an accident on a moped include:

• An accident occurring due to a car driver failing to check their blind spot as they pull out of their lane to overtake another car. They could slam into the motorcycle because they couldn’t see it in their mirrors.
• An injury could also occur because a car driver could fail to recognise that a moped is overtaking their vehicle. This could cause them to attempt to change lanes, resulting in a collision. This could lead to you wanting to use a personal injury claims calculator.

Accidents At Junctions And Crossroads

An accident on a moped could also happen at a junction or crossroads. This can be caused by another road user pulling out from the junction and colliding with the motorcycle while it’s travelling down the main road. As the motorcyclist would have the right of way, the other road user is usually liable for the accident. According to RoSPA, reasons for this occurring include:

• The driver not looking as they’re pulling out of the junction.
• The driver only briefly looks, so they’re unable to process that the moped is approaching.
• They may also not look at the correct places on the road.
• Finally, they may detect the vehicle but not correctly judge how fast it’s going or how far away it is. If this is misjudged, it could easily lead to a road traffic accident.

Highway Code For Mopeds

Every road user in Great Britain has a duty of care to one another, which is outlined in the Highway Code. These rules are guidelines for how every road user needs to conduct themselves on the road.

Rules from the Highway Code that specifically relate to vehicles like scooters or motorcycles establish that:

• You must only carry one pillion passenger who must sit astride the vehicle while using an appropriate seat. You cannot carry a passenger if you only hold a provisional license.
• A protective helmet must be worn, fastened securely and adhere to the required regulations.
• It may be beneficial to wear eye protectors and, if you do wear them, they must follow the established guidelines.
• During daylight riding, you should make yourself as visible as possible.
• While riding in the dark, wear reflective clothing to improve your visibility.
• While manoeuvring, you need to be aware of what is behind and to the sides of you. You can use mirrors to help with this.

If you’ve adhered to the rules set out in the Highway Code for someone driving a motorcycle, but an accident has happened anyway because of another road user’s negligence, then you may be able to claim. Speak to a member of our team today for more information.

No Win No Fee Claims For An Accident On A Moped

If you have been involved in a moped crash and are eligible to make a road traffic accident compensation claim, one of our solicitors may be able to help you. Additionally, they may offer you a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement, and some of the benefits of making a claim with a solicitor under one include:

• Not having to pay your solicitor any upfront service fees.
• No ongoing service to pay during the process of your claim.
• If your claim fails, not having to pay your solicitor for the work they have provided.

Should your claim be successful, your solicitor will take a success fee from you. This fee is deducted directly from your compensation award, and there is a legal cap in place for the percentage that this fee can be.

To see if you could work with one of our solicitors if you have been injured in a moped accident, you can contact our friendly team of advisors.

Start Your Moped Accident Claim 

If you have any questions or queries about claiming for an accident on a moped, our advisors are available 24/7 and offer free legal advice so they can help you at a time that suits you. If you choose to use a personal injury lawyer from our panel, they could provide their services on a No Win No Fee basis. Call us today to see if you could be eligible to claim.

You can:

• Call us on 0800 073 8804.
• Please write to us with your injury details by using [email protected].
• Use our online contact form.
• Use the live chat window on the right-hand side of the screen.

Learn More About Claiming For Road Traffic Accidents

For more useful information, please see below.

To see more road accident and safety statistics, visit The Department for Transport website.

To read more about motorcycle license requirements, visit this webpage.

You can also learn more about motorcycle accident claims below:

• Motorcycle Accident Claims
• Motorcycle Passenger Accident Claims
• Can I Claim For A Motorcycle Accident Without Insurance?
• Fatal Motorcycle Accident Claims
• Motorcycle Accident Claims – Scotland

Written by Durdy

Edited by Stocks

Last updated 30th April 2025. In this guide, we are going to focus on wrong email address data breach claims. This is where you seek compensation for any distress and losses caused by an email meant for you being sent elsewhere.

Emails are widely used to share information with others. They are popular because they are cheaper and faster than sending letters in the post. If an email contains data that can identify you, it becomes a vehicle for your personal data and therefore protected by the Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR).

There are two main parties who might handle your data.

• Data controllers, organisations or individuals who dictate the use of your data.
• Data processors who manage data on their behalf.

These groups must follow this legislation carefully. If they don’t, they become liable for any security incident that happens as a result. In particular, they may have to pay compensation to the person affected if this incident harmed them.

If this applies to you, this guide will explain how to get started with a data breach compensation claim today. You can read the whole guide or contact our team right away.

• Call on 0800 073 8804
• Contact us by filling out our enquiry form
• Use the live chat function below to get instant advice

Select A Section

• A Guide To Wrong Email Address Data Breach Claims
• Is An Email Address Personal Data?
• Is Sending An Email To The Wrong Address A Data Breach?
• Types Of Wrong Email Address Data Breach Claims
• What Should I Do If This Happens To Me?
• How Can Email Data Breaches Be Prevented?
• Can You Sue For A UK GDPR Breach?
• How Are Material And Non-Material Damage Different?
• Wrong Email Address Data Breach Claims Calculator
• Email Sent To Wrong Address – Can I Claim With A No Win No Fee Lawyer?
• Learn More About Wrong Email Address Data Breach Claims
• FAQs On Wrong Email Address Data Breaches

A Guide To Wrong Email Address Data Breach Claims

According to the DPA and UK GDPR, organisations that process personal data such as contact details need to ensure this is kept secure and safe.

A breach of GDPR could take place if an email intended for one person is sent to the wrong recipient and contains personal information. That’s because if that email contains personally identifiable information, it could cause problems for the intended recipient. In such cases, they may have grounds to start a wrong email address data breach claim.

To be eligible to do so, they would need to show how they have suffered because of the breach. For example, if an email from your employer about disciplinary action against you was sent to a colleague by mistake, it could cause a lot of stress and embarrassment, especially if the information was shared around your office.

If you do decide to claim, you’ll need to be aware of the time limits. Generally, you’ll have three years to begin your claim. Please call if you’d like to begin a claim or if you have any questions.

Is An Email Address Personal Data?

You might wonder, ‘is an email address personal data?’.

An email address is considered information that could be used to personally identify someone. Therefore, if someone sent an email to the wrong person, this could be classed as a data protection breach. Additionally, sharing an email address without proper authorisation may be a breach of the UK GDPR.

However, some email addresses are not protected by UK GDPR. For example, an email address that does not feature someone’s name, or an email address that contains @info or @admin, would not be considered personal data.

Following a data protection breach, you could potentially claim if you suffered financially or psychologically as a result. Get in touch for free legal advice if you have been affected by an email data breach. Our advisors are available to help 24/7.

Is Sending An Email To The Wrong Address A Data Breach?

A common type of data breach is when an email that consists of your personally identifiable information is sent to the wrong recipient.

Importantly, if the data controller encrypts any personal information in the email before sending it, then a compensation claim might not be possible. Only where personal data can be read by the recipient would mean a data breach has occurred.

However, encryption is only possible within the body of the email. The TO, FROM, SUBJECT and DATE fields cannot be obfuscated. Therefore, if these fields could identify you and what the email was about, a data breach may have occurred.

As you can see, whether you are eligible to claim can be confusing. Therefore, why not call our team today for a free case review?

Types Of Wrong Email Address Data Breach Claims

To help clarify how email address data breaches could happen, we are going to supply some examples in this section. If you cannot see a case similar to yours, don’t worry – you could still be entitled to claim compensation. Call our team if you’re unsure and they’ll review your options with you.

Emailing the wrong person

As we have shown already, this is one of the most common causes of email data breaches. Where the email contains personally identifiable information, a data breach is likely to have occurred. If you have suffered embarrassment, distress or suffered financially because of the email, call our team today.

Opening web links/attachments

Phishing emails aim to get you to provide security credentials so that criminals can access your online accounts. If a company is targeted by a phishing scam, it could make its customer databases vulnerable. As such, criminals could potentially log in to them and access any personal data.

Failing to get consent to use an email address

As part of the UK GDPR, data controllers usually need to ask for your permission before using personal data such as your email address (there may be other lawful reasons to do so without your consent). If your email is stored without a lawful basis the organisation could be investigated by the Information Commissioner’s Office (ICO).

If you believe you have grounds to seek damages, why not give our team a call for advice on your options?

What Should I Do If This Happens To Me?

If your personal data has been exposed in a wrong email address data breach, you should take action. If you have mentally or financially suffered, we recommend that you contact us. We have a team of specialist data breach solicitors who have worked on email sent to the wrong person claims for years. They can:

• Talk you through your rights to data breach compensation.
• Ensure the awarded compensation is fair and correct. 
• Work with you on a No Win No Fee basis. 
• Give you the highest level of client service. 
• Collect evidence and send correspondence on your behalf to help make the wrong email address data breach claims process a lot easier for you. 

As well as connecting with one of our solicitors, you have the right to ask for a copy of the data that an organisation holds about you. By doing this, you can find out what information is stored and whether the details that are held about you are correct. This is called making a subject access request (SAR).

To connect with a specialist solicitor and to learn more about making an SAR, please contact us at any time today.

How Can Email Data Breaches Be Prevented?

As we have explained, data breach claims are only possible if the organisation responsible for the breach allowed it to happen through their own actions (or lack of action). Therefore, it would be prudent to take steps to prevent wrong email address data breach incidents before they occur.

Steps that could be taken include:

• Ensuring there is a strong data security policy within the organisation. Furthermore, ensuring all staff are trained regularly on how to comply with it.
• Limiting access to personal data to those who need to access it. This means that where an employee doesn’t need to access information about customers for their role, restrict their security credentials.
• As part of the UK GDPR, personal data is not allowed to be stored for longer than it is required. Therefore, organisations should have retention policies in place so that old email addresses that are no longer required are deleted promptly.
• Empower staff to ask questions if they are not sure about how to fulfil a task compliantly. Making staff feel easy about talking to managers or senior figures within an organisation can reduce panic or stress when processing personal data.

Can You Sue For A UK GDPR Breach?

When a data breach occurs, you do not automatically become eligible for compensation. Instead, you will need to show that:

• Your personal data was breached.
• The incident occurred because of a company’s data security failings
• As a result of the data breach, you lost out financially and/or you suffered distress.

You will most likely sue the data controller. This is the person or organisation that had a right to make decisions about your data at the time and therefore allowed the breach to happen.

The ICO regulates the data of UK residents. While they have powers to fine organisations that breach data privacy, they can’t award compensation. However, they may issue a letter after investigating a complaint that, in turn, can be useful evidence for a data breach claim.

How Are Material And Non-Material Damage Different?

If your email was sent to the wrong person, the GDPR as it currently exists in UK legislation considers this a breach if it contained your personal data.  If you were harmed by such a breach, you could claim compensation for two kinds of damage.

• Material damage – any monetary losses caused by the breach.
• Non-material damage – any distress caused by the data breach.

Every part of your wrong email address data breach claim must be justified and backed by evidence. This is where working with a solicitor can really help. For example, you could seek compensation for loss of earnings while you took time off to recover from any psychiatric damage.

To do so, you would have to prove that the breach caused your response, that it stopped you from working, and that you would have earned a certain amount if you had been fit to work. If an independent medical specialist says that you’re likely to be out of work with an anxiety-related illness for some time, you can also seek compensation for that expected period.

Our solicitors have the experience and skills to ensure that all aspects of your suffering are considered before your claim is filed. If you’d like to know how we could help with your claim, please call today.

Wrong Email Address Data Breach Claims Calculator

In this section, we want to show you how much data breach compensation could be paid for any psychological injuries (non-material damage).

The compensation table below is based on data from the Judicial College Guideline, as this is used when settling data breach claims. These figures are a guideline only and should not be taken as a guarantee. The top figure is here to account for higher value claims is not taken from the JCG.

If you have any questions about how much compensation you might receive, please call today.

Email Sent To Wrong Address – Can I Claim With A No Win No Fee Lawyer?

Now that we’ve answered your question, “is an email address personal information”, you may want to know more about claiming for a data breach. As we stated already, you could be eligible for compensation if your personal information was sent to the wrong email and you suffered harm, such as financial losses or post traumatic stress disorder (PTSD) or other mental health conditions as a result.

You may wish to have the support of a lawyer that specialises in data protection breaches for the claiming process. A data breach solicitor may offer to represent your claim under a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).

Under a CFA, your lawyer will not charge upfront for their services. They won’t ask for you to cover ongoing fees for their services either. If they succeed in recovering compensation, they will take a success fee from your award. The amount they can take is limited by the law. If your lawyer fails to recover compensation, they won’t ask you to pay for their services.

If you suffered harm because an email was sent to the wrong address, call our advisors. The advice they offer is completely free. Additionally, if your personal data was sent to the wrong email address, they can assess your claim’s feasibility. If it seems like your claim could reasonably recover compensation, they can put you in touch with our solicitors.

To speak to an advisor:

• Use the live chat.
• Start your claim by filling in our contact us form.
• Call 0800 073 8804

Learn More About Wrong Email Address Data Breach Claims

In this section, we have supplied some further resources that might help if you do decide to make a claim. Additionally, we’ve added a few more of our data breach guides as well.

• Anxiety – Support and advice from the NHS on how to cope with anxiety.
• Lost Personal Data – This guide explains your rights if an organisation loses your personal information.
• Employer Data Breaches – Information on how to claim if you’re harmed because of a data breach by your employer.
• Reporting Data Breaches – A review of when and how you should report a data breach.
  

FAQs On Wrong Email Address Data Breaches

To help you further, we have answered some questions that might help with wrong email data breach claims.

What happens if you accidentally breached GDPR?

Where a company spots a reportable data breach, it needs to inform the ICO without undue delay. This goes for incidents caused deliberately, illegally or accidentally. They must explain what has happened, who has been affected and what steps have been taken to rectify the situation.

Can I get compensation for a data breach?

Data breaches on their own don’t entitle you to seek compensation. However, under the rules of the UK GDPR, you could claim for any distress (non-material damages) caused by a breach and financial harm (material damages).  To be eligible to claim, the organisation involved in the breach must have allowed it to happen through its actions or inactions.

Are personal email addresses covered by the UK GDPR?

The UK GDPR covers any personally identifiable information. As such, an email address could be included within its scope. For example, if your email address is [email protected], it would be easy for others to identify you from it.

What happens if you send your personal information to the wrong email?

If you send an email to the wrong person and it contains your personal information, it could result in some embarrassment and anxiety. If you have done so, you should try to recall the message if your email has the ability to do so. You may also want to contact the recipient and ask them to delete the message and apologise for your mistake.

Other Useful Guides

• NHS Data Breach Compensation Claims
• Comparison Site Data Breach Compensation Claims
• Pharmacy Data Breach Compensation Claims
• Microsoft Data Breach Compensation Claims
• Stalker Data Breach Compensation Claims
• Mortgage Company Data Breach Compensation Claim
• Optician Data Breach Compensation Claims
• Loan Company Data Breach Compensation Claims
• A guide to school data breach claims. Learn how to make a claim on behalf of your child if their data was exposed

Thank you for reading our guide on wrong email address data breach claims. For more information on your options, please speak with an advisor.

Last Updated 23rd April 2025. Suffering nerve damage in a collision on the roads is a potentially painful and debilitating experience. If your nerve damage was caused by a car accident, compensation could be yours. Our guide will explore this process and show how you can work with solicitors to seek the maximum settlement for your injuries.

The types and severity of injuries sustained in these accidents vary. Additionally, not all accidents are caused by road users acting negligently. Other factors, such as weather or road conditions, may be a factor. We will explain the difference in this guide.

For you to have a valid claim, it must be for negligence. This guide will look at examples of negligence on the road to help you understand whether you could seek car accident compensation. We will also look at how claims are valued. While knowing the average payout for never damage in a car accident won’t be of any particular use, there are helpful resources you can use to understand how settlements are calculated.

If you have any questions whilst or after reading, you can get in touch with our team for further help and advice. All you need to do is use any of the following details below:

• Telephone 0800 073 8804
• Chat with an advisor using the live chat box for instant help
• Use our Contact Us form to request a callback

Select A Section

1. What Is Nerve Damage Caused By A Car Accident?
2. Symptoms And Treatment Of Nerve Damage
3. What Types Of Nerve Damage Can A Car Accident Cause?
4. Can I Claim For Nerve Damage After A Car Accident?
5. Do I Need Evidence To Claim For Nerve Damage?
6. Is There An Average Payout For Nerve Damage After A Car Accident?
7. Can I Claim For Financial Losses As Well As Nerve Damage?
8. How Legal Expert Can Help You Claim Compensation 
9. Start Your Claim For Nerve Damage Caused By A Car Accident
10. Essential References

What Is Nerve Damage Caused By A Car Accident?

Nerve damage, also known as peripheral neuropathy, is an injury to the peripheral nervous system. According to the NHS, an estimated 1 in 10 people aged 55 or over suffer from peripheral neuropathy in the UK.

There isn’t one single cause, but it is often related to diabetes and other health conditions. It may also be caused by physical trauma, such as a car crash. The following are examples of how you could develop nerve damage in a car accident:

• Another driver crashes into the back of you when you stop at a junction. They didn’t brake in time because they were looking at their phone. You suffer a pinched nerve in your shoulder.
• Someone crashes into the side of you after failing to check their mirrors when changing lanes. This resulted in you sustaining whiplash and a trapped nerve in your neck, amongst other injuries.

In both cases, you were owed a duty of care by another road user. They failed to drive with the correct level of care, and you suffered harm as a result. This is negligence, the defining characteristic of a valid claim.

For further information on whether you hold a valid claim, call our team at the number above.

Will the Whiplash Reform Programme affect my claim?

The Whiplash Reform Programme 2021 changes the way that adult drivers and passengers claim for whiplash injuries sustained in a car accident. Claims any injuries worth less than £5,000 must now be made through the government’s online portal.

However, you still have the right to seek legal representation. If you’re unsure how much your claim is worth, you can speak to one of our advisors for a free valuation.

If your injuries are valued at more than £5,000, you still make your claim through a personal injury claim. For more information, please speak to our team using the number at the top of the page.

Symptoms And Treatment Of Nerve Damage

Here are some symptoms that you’ve suffered nerve damage in a car accident:

• Headaches
• Loss of balance and sensation in the feet.
• Slowing down or a decrease in reflexes.
• Weakness
• Pain or tingling sensation in the feet or hands.
• Burning sensation or pain in the affected areas.
• Muscle spasms or weakness, especially in the feet.

While these symptoms can occur in any part of the body, they are most commonly found in the spine or limbs. Since there is a variety of symptoms, it’s best to seek medical attention immediately after the car accident.

Furthermore, you may not feel the impact of nerve damage immediately after a car accident. Certain other injuries, like a concussion and bleeding, could distract you from this possibility. Some symptoms may take time to appear or be subtle.

Depending on the symptoms you experience, the doctor could suggest the following treatment:

• Steroids to prevent inflammation.
• Immunosuppresants
• Painkillers
• Medicines to treat bladder problems, skin irritation or epilepsy.
• Physiotherapy to improve muscle strength and movement.

Speak to our advisors now for guidance on valuing your nerve damage claim.

What Types Of Nerve Damage Can A Car Accident Cause?

The following section explores several nerve damage injuries that can result from a car accident. The examples we include show how negligence works on the road.

Whiplash Injuries

Whiplash could manifest as a minor head injury and pulled neck muscle, causing pain and reduced mobility. Sudden impacts usually cause this:

• A driver doesn’t pay attention and hits you as you stop at a junction.
• Another driver fails to check their mirrors and crashes into your side as they overtake you.

As we have mentioned already in this guide, the Whiplash Reform Programme could affect the channel you go through to make your claim. For more information, call our team on the number at the top of the page.

Herniated Disc Injuries

A herniated or slipped disc occurs when one of the soft cushions between the bones in your spine moves out of place. This could happen in a high-impact car accident:

• A HGV driver causes a head-on collision with you by failing to check their blind spot cameras.
• Another driver travels over the speed limit and cannot stop in time to avoid a dog on the road. They swerve and hit a motorcyclist.

Pinched Nerves

A pinched nerve can occur as a result of a herniated disc injury. It’s usually a result of pressure from the surrounding tissues. This could happen after suffering a spinal injury in a multi-car pile-up caused by dangerous driving on the motorway.

Other Types Of Nerve Injuries

In addition to the above nerve damage injuries, there are others:

• Muscle weakness and a burning sensation caused by a temporary loss of the nerve’s conductive ability. This is often caused by a traumatic blow to the head, neck, shoulders, or back.
• Axonotmesis refers to an injury to one of the peripheral nerves in one of the body’s extremities. Symptoms vary.
• Neurotmesis is a laceration that cuts through the nerve, often because of a forceful impact.

No matter what type of nerve damage you’ve suffered, we understand the impact this kind of injury can have on your quality of life. The presence of chronic pain caused by nerve damage can cause mental health issues like depression, too, and we are here to help.

If you have evidence that someone else’s negligence caused you to suffer nerve damage in a car accident, call our team. They can help you better understand the process of seeking compensation. If your claim has a good chance of success, you could be connected with one of our solicitors.

Can I Claim For Nerve Damage After A Car Accident?

If you’d like to claim compensation for nerve damage after a car accident, there are certain criteria you need to meet:

1. Another road user endangered you or failed to follow the rules of the road.
2. Because of this, you suffered a nerve damage injury.

A duty of care is a given if someone is a road user. They take on this duty by just using the road. Proving a breach of that duty can be harder. It’s also necessary to prove that your nerve damage injury was caused by the accident or that it at least contributed to it.

How Long After A Car Accident Can I Claim For Nerve Damage?

You must start your nerve damage claim within a certain time limit. As per the Limitation Act 1980, this will generally be set at three years from the date of your accident.

Minors are not subject to this time limit, as they cannot start a claim for themselves. Once they turn 18, they have three years to start their claim. A litigation friend can be appointed to manage a claim on their behalf before their 18^th birthday.

A similar exception can be made for people who lack the mental capacity to represent themselves in a claim. A litigation friend could start a claim on their behalf. If they regain and prove they have the mental capacity to take legal action, they will have three years from that point to start their claim.

You can contact one of our advisers for more information on how to claim compensation for nerve damage caused by a car accident.

Do I Need Evidence To Claim For Nerve Damage?

If you are eligible to claim compensation for nerve damage caused by a car accident, you will need evidence to support your claim. Sufficient evidence could prove that someone else was liable for the accident. Furthermore, it could prove the type and severity of the injuries you sustained.

Some examples of evidence you could collect to support your claim include:

• Video footage of the car accident, such as CCTV or dashcam footage.
• Photographs of the accident scene and your injuries.
• Contact details of anyone who witnessed the accident.
• Your medical records state the injuries you sustained and the treatment you needed.
• Evidence of financial expense or loss caused by your injuries, such as payslips, receipts and bank statements.

You can contact our advisors to discuss the evidence you might need to claim for nerve damage. Our car accident compensation advisors could assess your case to see if one of our solicitors could help you with your claim.

Is There An Average Payout For Nerve Damage After A Car Accident?

For the most severe fractures in the nose, you could receive £12,990 to £28,220. We will discuss how nerve damage claims are valued and how we arrived at this figure in this section.

The term ‘average compensation’ implies that all car accident claims are dealt with in some routine way, whereas each case differs and as a result, the settlement will differ for each claimant. Compensation usually comprises general and special damages.

General damages are for the pain and suffering caused by your injuries. They also consider how severe the injuries are, the impact they’ve had on your quality of life, and the long-term impact they may have.

In order to accurately value your injuries, you will require medical evidence. This can include medical reports from your doctor or a specialist who is treating you.

Alongside any evidence, the Judicial College Guidelines (JCG) are usually used value claims. We have used the JCG to create a guideline compensation table for nerve damage injuries. We’ve also provided two tariffs from the Whiplash Injury Regulations at the bottom of the table. Please note that the top figure is neither from the JCG or Whiplsah Injury Regulations. You can also use our compensation calculator to value your claim.

As each claim is valued using unique medical evidence, final settlement figures may differ from those in the table. You should only use these figures as a guide.

If your injury isn’t listed or you have any questions about how your car accident compensation may be calculated, call our team. They can provide an estimate of how much compensation you could receive.

Can I Claim For Financial Losses As Well As Nerve Damage?

As part of your personal injury claim, you have the right to seek special damages, which is compensation for your financial losses. This may include any past and future monetary losses that you’ve incurred as a direct result of your injuries.

For example, if you were unable to work or required extra care while recovering, you could claim the loss of earnings or care costs as part of your compensation.

Other examples of special damages might include:

• Loss of pension.
• Loss of attendance bonus at work.
• Missed promotion.
• Care costs for someone dependent on you, e.g. a child or elderly parent.
• Travel expenses, e.g. getting to and from medical appointments.
• Medical expenses, e.g. walking aids, physiotherapy, or counselling.

You must have evidence of your losses. This could be in the form of receipts, invoices, or payslips for work.

If you have any questions regarding what you can claim after sustaining nerve damage in a car accident, get in touch with our team.

How Legal Expert Can Help You Claim Compensation

You can seek legal representation under a No Win No Fee agreement. This means you only pay for your solicitor’s services if you succeed. If they are successful, your solicitor will deduct a success fee from any compensation. This percentage is set out before you start your claim and capped by law.

All of our expert solicitors operate on this basis and have experience handling similar cases. If you hold a valid claim, an advisor can connect you with a solicitor to get started as soon as possible.

Start Your Claim For Nerve Damage Caused By A Car Accident

No matter whether you need further clarification or you’re ready to submit your claim, our team is available to help by:

• Assessing whether you hold a valid claim.
• Providing an estimate of what your car accident compensation is worth.
• Using their expert knowledge of personal injury claims to answer your questions.
• Connecting you with a solicitor to work on your case.

Why not get in touch on the following to get one step closer to seeking the compensation you deserve? You can get in touch by:

• Telephone – 0800 073 8804
• Chatting with an advisor using the live chat box for instant advice
• Filling out the contact form, and an advisor will get back to you

Essential References

• See the government website for more road accidents and safety resources.
• Visit the NHS resource, which provides further information on nerve damage.
• For more information on road safety laws, see Think.
• If someone else’s careless driving killed your loved one, our guide could help you understand your rights to seek compensation on their behalf.
• For guidance on making a pedestrian accident claim, see our guide.

Thank you for taking the time to read our guide on claiming compensation after suffering nerve damage in a car accident.

By Stephen Hudson. Last Updated 14th July 2025. Welcome to our guide on bladder cancer compensation claims. If you have developed cancer of the bladder due to the negligence of someone else, then you could be entitled to personal injury compensation. In this article, we will be explaining the process of making a claim as simply as we can.

How To Seek Damages For Bladder Cancer

We endeavour to avoid legal jargon whenever possible, so you can understand precisely what is being explained. In addition, we’ll also answer questions such as:

• How is bladder cancer diagnosed and treated?
• What causes bladder cancer?
• What does bladder cancer look like?

There are a number of ways in which cancer can develop, with the risk being present in various working environments. This article will also mention some of the employment roles that could result in the development of bladder cancer.

Symptoms are also an important thing to know how to spot, so we’ll be touching on those too. However, we are not medical professionals. If you suspect that you could have bladder cancer, then please see a doctor for advice.

The value of bladder cancer compensation claims could also be a matter on your mind. There is an entire section of this article dedicated to giving you a better understanding of how much you could be awarded. 

Every claim is different. The most accurate initial valuation you can receive will be from our advisors. The more we know about your claim, the more likely the advice we give to you will be as accurate as it can be. 

So, read on for more information about bladder cancer compensation claims. You’ll also find our contact information below.

Get In Touch With Our Team

Our advisors are available 24/7 to speak with you over the phone. If once we’ve spoken to you, we believe you could have a valid No Win No Fee claim, then we could connect you with one of our lawyers. If you prefer not to speak over the phone, there are other means of reaching us.

• You can call us on 0800 073 8804
• Alternatively, you can begin the process of your claim online by filling in our contact us form
• There’s also the option of using the pop-up window in the corner to chat with us in real-time

Services And Information

1. 1. Everything You Need To Know About Bladder Cancer Compensation Claims
   2. What Is Bladder Cancer?
   3. Calculating Bladder Cancer Compensation Claims
   4. What Are The Time Limits For Bladder Cancer Compensation Claims?
   5. Claim For A Bladder Cancer On A No Win No Fee Basis
   6. Learn More About Workplace Illness Claims

Everything You Need To Know About Bladder Cancer Compensation Claims

As mentioned above, there are certain roles within various industries that can increase the risk of bladder cancer. This can be due to working with certain chemicals on a regular basis. In some of these instances, the dangers would seem to be much more apparent. This is because there is specialist protective equipment that can be provided to employees to decrease these risks.

In some employment roles, whilst the risks are known, safety equipment can sometimes not be seen as a necessity. If you work in one of these industries and are not supplied with adequate personal protective equipment (PPE), then the risk of you developing bladder cancer could be increased. 

Not being supplied with PPE is an example of employer negligence. This is when many claims for personal injury are made, including some bladder cancer compensation claims.

All employers have a legal duty of care to their employees. This is stated in section 2 of the Health and Safety at Work etc. Act 1974. In simple terms, this means that employers must make sure the workplace is as safe as reasonably possible. The likelihood of those who work for them becoming ill or injured must be kept to a minimum. 

If this duty is not carried out properly and an employee’s health suffers as a direct result, this is known as a breach of the employer’s duty of care.

To find out more about potentially claiming against your employer in bladder cancer compensation claims, get in touch with our legal advisors today.

What Is Bladder Cancer?

The NHS describes bladder cancer as a growth of abnormal tissue. This growth is known as a tumour, and will more commonly develop in the lining of the bladder rather than the bladder muscle. However, the tumour can spread to the muscle in the later stages. If the tumour does spread to the bladder muscle, it can then continue to spread to other parts of the body.

Each year, around 10,000 people in the UK are diagnosed with bladder cancer. This makes it the 11th most common form of cancer in the country.

Calculating Bladder Cancer Compensation Claims

The compensation awarded in bladder cancer claims requires legal professionals to calculate an award based on the impact you have suffered. They can split this into 2 different parts. 

The first part of the compensation to consider is general damages. These compensate you for the suffering and pain caused by your injuries. It may apply to the psychological and/or physical harm you have experienced. General damages can also cover the potential harm you will suffer in future, as claimants have not always recovered from their injuries at the time of claiming.

When assessing this part of the compensation, a legal professional can read the Judicial College Guidelines (JCG). This is a piece of legal documentation that contains compensation guideline brackets on the basis of the type and severity of different injuries. 

We have provided some figures from the JCG below, though please note that they do not guarantee the amount of compensation you could be owed. Calculating compensation for bladder cancer claims can be a complicated and nuanced process. 

Therefore, you can speak with an advisor today to access a free case assessment. They can look at the different factors that your compensation should cover and provide you with tailored advice.

The first figure in this table was not taken from the JCG.

In addition, you may qualify to receive special damages. This part of the compensation is only awarded if you have suffered financial losses and are able to prove it. You could do this with the provision of bank statements and receipts.

Special damages can help you recover the following expenses:

• Costs related to medical treatment
• Payments made when travelling to/from medical appointments
• Paying for a carer to help you go about your daily life
• Adjustments required to make your home livable (such as a stairlift)
• Lost income due to not being able to work

Speak with an advisor today for more information on what your compensation could cover.

What Are The Time Limits For Bladder Cancer Compensation Claims?

We know from the Limitation Act 1980 that you have 3 years to begin a personal injury claim from the date of the accident that caused your injury. Whilst this rule is also relevant to bladder cancer compensation claims, in this instance it would function slightly differently. Because of the unlikeliness of illnesses such as these being traced back to one particular date, the time limit can begin from the date that you obtained knowledge that you were suffering from cancer and at least suspected it was down to your employer’s negligence.

For example, you may not know that you have cancer until you have an MRI scan or CT scan to confirm it. The date you find out is known as the “date of knowledge”. This can be used as the start of your 3-year time limit to issue court proceedings to the defendant. You must have sufficient medical evidence to back up your date of knowledge.

Claim For A Bladder Cancer On A No Win No Fee Basis

At Legal Expert, our solicitors work on bladder cancer compensation claims through No Win No Fee contracts. You have likely heard this term before, as it is a very common way for solicitors to provide an accessible route to legal representation. 

A Conditional Fee Agreement (CFA) is an example of a contract that works on this basis. By signing a CFA, you would not be required to pay for your solicitor’s work:

• Before the claim proceeds
• While your bladder cancer negligence claim is in progress
• If you are not awarded compensation 

The ultimate aim of bladder cancer claims is to gain compensation. If you are successful in this, you will have to pay a success fee. This can make some people concerned, as they worry about paying excessive fees to a solicitor. However, you can rest assured that there is a legally binding cap on the percentage that can be taken under this fee. You will keep the largest share of the compensation yourself.

Our solicitors also provide the following services to help make the process smoother for claimants:

• Advising you on what pieces of evidence are appropriate to your case and how you can acquire them
• Explaining complicated legal concepts and terms
• Handling communication with the defending party on your behalf

If making a claim in this way would suit you, then get in touch today.

• You can call us on 0800 073 8804
• You can begin the process of your claim online with our contact us form
• Use the pop-up window in the corner to chat with us in real-time

Learn More About Workplace Illness Claims

You’ll find more information at the links below that could help you whilst researching your claim.

1. Learn more about making a personal injury claim against your employer
2. What to do if your condition has become worse due to misdiagnosis.
3. Read our general guide on personal injury compensation.
4. NHS information regarding bladder cancer.
5. Cancer Research Uk has more information on bladder cancer.

Further Helpful Articles

• Blackpool Medical Negligence Solicitors
• How Much Compensation For Medical Negligence Resulting In Death?
• How Much Compensation Can I Claim For A Misdiagnosis?

By Lewis Cobain. Last Updated 1st April 2025. It can be difficult to decipher the difference between careless driving vs. dangerous driving. Both can result in road traffic accidents, but they are very different.

Car accidents can cause life-changing injuries. Therefore, pursuing a personal injury compensation claim can award you with the compensation you need to get your life back.

This guide will answer the following questions:

• Is dangerous driving the same as careless driving?
• How do police prove dangerous driving?
• What are examples of dangerous driving?

You can contact our experienced team of advisors at any time for legal advice offered free of charge. They are available to discuss your case and explore the steps you can take to receive the compensation you deserve.

If your claim is valid, they could connect you to a personal injury solicitor who works on a No Win No Fee agreement with you and begin working on your personal injury compensation claim. Our experienced personal injury lawyers could help you.

To contact our expert team of advisors, you can:

• Give them a call on 0800 073 8804 to chat about your case.
• Have a live chat with an advisor using the pop-up feature on this page.
• Put your details into our claims form online to receive a response whenever suits you best.

Select A Section

1. Careless Driving vs Dangerous Driving – How Are They Different?
2. Driving Offences – Dangerous Driving
3. Driving Offences – Careless Driving
4. Inconsiderate Driving
5. Penalties For Dangerous Driving or Careless Driving
6. Road Traffic Accident Claims – Who Is Eligible To Claim For Serious Injury Caused By Dangerous Driving?
7. What To Do If You Are A Victim Of Dangerous Driving
8. Calculate Payouts For Injuries Caused By Careless Driving And Dangerous Driving
9. Special Damages Payouts For Careless Driving And Dangerous Driving
10. No Win No Fee Careless Driving And Dangerous Driving Personal Injury Claims
11. Talk To An Expert
12. Learn More About Motoring Offences

Careless Driving vs Dangerous Driving – How Are They Different?

The difference between careless driving vs dangerous driving revolves around two key points. Whilst they are both offences under the Road Traffic Act 1988, the distinction between them is in how far below the accepted standard the driver falls and whether they have been dangerous in doing so.

Careless driving involves driving without due care and attention. What is classed as dangerous driving is different as this has to fall far below what is expected of a careful and competent driver. The other distinction is that in dangerous driving, it would be obvious to a competent and careful driver that driving in that way would be dangerous. There is no mention of danger in the offence of careless driving.

We hope you now understand the difference between careless and dangerous driving. If you still have questions, why not reach out to an advisor?

Driving Offences – Dangerous Driving

Dangerous driving in the UK is a statutory offence. Section 2 of the Road Traffic Act 1988 covers the definition of this. It states that the driving falls far below the expected level of a normal competent driver and driving this way would be known to be dangerous.  Here are some examples of dangerous driving:

• Driving over the limit i.e. racing
• Ignoring traffic lights
• Knowingly driving a damaged vehicle
• Overtaking someone in a dangerous manner
• Driving when unfit

Dangerous driving can either mean the person driving the car is deemed dangerous, or it can mean the car itself is unfit to be driven. Furthermore, you can be reported for dangerous driving even if no accident occurs.

If you’re caught driving dangerously, at the lower end of the scale, you’ll likely receive a fine and penalty points. However, it all depends on the severity of the dangerous driving and whether there are any additional offences such as alcohol and drug use. For a dangerous driving offence in England and Wales, it can mean up to 2 years in prison, an unlimited fine, driving disqualification or points. If a death is caused by dangerous driving this can mean a maximum of 14 years in prison.

If you’ve suffered an injury caused by a dangerous driver, you may wish to speak to our team of advisors to check if you’re eligible to make a compensation claim. They can assess how much compensation you may be entitled to and put you in touch with a personal injury lawyer if your claim is valid.

Driving Offences – Careless Driving

Essentially, careless driving is a less severe form of dangerous driving. Although it’s less severe, it can still cause serious accidents on the road.

Here are some examples of careless driving:

• Tailgating
• Running a red light by mistake
• Undertaking a vehicle
• Driving too slowly
• Hand brake turns

The penalties for careless driving can vary greatly depending on the circumstances. The lower end of the spectrum would be a warning, then a fixed penalty with the offer for training, not accepting the penalty and having the case heard in court. There is also the possibility of between 3-9 points and a fine.

Inconsiderate Driving

Inconsiderate driving is classified as driving with no consideration for the surrounding vehicles and pedestrians. Here are some examples of inconsiderate driving:

• Driving in a cycle lane
• Driving in a bus lane
• Suddenly braking for no reason
• Using motorway lanes incorrectly

Penalties for inconsiderate driving often include fines and sometimes points on your license. This type of driving is unlikely to go to court. If it does, the fine and license points may increase.

Penalties For Dangerous Driving or Careless Driving

According to the Crown Prosecution Service, dangerous driving and careless driving may have different penalties.

If you are thought to have been driving dangerously, either the magistrates’ court or the Crown Court will judge your case.

If you are found guilty in the magistrates’ court, the penalties for dangerous driving may include spending 6 months in custody and/or paying a level five fine.

However, in the Crown Court, you may face an unlimited fine and up to 2 years in prison.

Under the Road Traffic Offenders Act 1988, all drivers found guilty of driving dangerously must not be allowed to drive for at least a year, and they must take an extended retest once the ban is over. If the driver is exempt from this rule for ‘special reasons’, they will have 3-11 points added to their licence.

According to the Highway Code, if you are at fault for a hit and run in the UK, your penalty could be an unlimited fine, 6 months imprisonment and/or discretionary disqualification of driving and 5-10 points on your licence.

If you are found guilty of careless and inconsiderate driving, or driving without due care and attention, the penalties can differ. This may include:

• A level five fine
• 3-9 penalty points on your licence (unless exempt for ‘special reasons’)
• Disqualification from driving for a fixed period or until a driving test has been passed

If you have been harmed by the dangerous or careless driving of another road user, speak to our advisors at any time for free legal advice.

Road Traffic Accident Claims – Who Is Eligible To Claim For Serious Injury Caused By Dangerous Driving?

When seeking car accident compensation for a serious injury by dangerous driving, it’s important to establish whether you have an eligible claim before you take action. In order to do this, ask yourself the following questions:

• Did the defendant owe you a duty of care?
• Was that duty of care breached?
• Were you injured or did you suffer harm as a result?

When we talk about duty of care, this is outlined in the Road Traffic Act 1988. The legislation states that motorists should drive with due care and attention. To drive dangerously is an offence. The Highway Code further sets out how road users should act when on the road to reduce the danger or threat they pose to others.

As part of the road traffic accident claims process, you’ll be expected to provide proof of the other road user’s negligence as well as any injuries or harm you have sustained. We’ll discuss evidence you can use further on in this guide.

What To Do If You Are A Victim Of Dangerous Driving

Now that we have looked at carless driving vs. dangerous driving, you may want to know what you should do when a car accident occurs. When you are a victim of dangerous driving, it can be a very stressful and emotionally difficult time. If possible, there are some steps you can take to better protect your safety and provide the grounds for a potentially successful compensation claim:

• Remove yourself from the vehicle and reach a safe place
• Call the ambulance if anyone requires medical attention
• Call the police to report the accident
• Swap contact and vehicle registration details with the other driver
• Note down the contact details of people who witnessed the incident
• Take photos of your vehicle, injuries and the accident scene

Taking these steps could make it easier further down the line if you choose to proceed with a compensation claim. If you were unable to take these steps, there is no need to worry. You can contact our advisors at any time to discuss what evidence you are able to provide.

Our advisors can also assist with any general queries you may have, such as ‘what is classed as dangerous driving?’. Their advice is offered free of charge without any obligation to proceed with one of our solicitors. Furthermore, they can offer you a free case assessment to outline what you could receive compensation for.

Calculate Payouts For Injuries Caused By Careless Driving And Dangerous Driving

A personal injury claims calculator can help assess the level of compensation your case may entitle you to. Similarly, a compensation table can produce compensation figures for various different injuries to assess how much they may be valued in compensation.

The compensation table below includes figures from the Judicial College Guidelines (aside from the first entry) to show how compensation for some injuries are valued. These figures are provided as a guide and do not guarantee the compensation you may receive.

Compensation awards are split across two different sections (general damages and special damages). The awarded depends on the severity of the injuries and how long treatment takes.

General damages cover you for the actual injury and how it has impacted you physically and mentally. For example, you may experience Post-Traumatic Stress Disorder (PTSD) due to the accident and injuries you sustained.

Special damages allow you to recover money for the financial impact you’ve suffered as a result of your injuries. This could include lost earnings relating to time taken off work whilst healing from your injuries. Please note that claiming special damages will typically require you to provide proof of expenses.

Special Damages Payouts For Careless Driving And Dangerous Driving 

As mentioned in the above section, special damages offer compensation for the financial impact the injury has had on you. Here are some examples of financial loss and the evidence you could provide alongside it:

• Care costs – Your injury may have meant you needed to hire a carer to care for you whilst you’re recovering, for example, to cook your meals. On the other hand, you may have been unable to care for an elderly family member the way you usually would due to your injuries. Therefore, you may have had to hire a carer for them.
• Medication – You may have paid for a prescription. You could use a bank statement to prove this expense.
• Loss of earnings – Special damages can compensate you for the financial loss you suffered due to taking time off work for your injuries. An example of evidence you could gather to prove loss of earnings is payslips.
• Travel costs – You may have paid out of pocket to travel to and from medical appointments, for example, by taxi or bus. An example of evidence you could provide could include a bus ticket.

If you’d like to discuss whether you may be entitled to special damages, our team of advisors would be happy to discuss this with you. You can contact them at any time of the day to have a chat about your situation and assess how much compensation you may be owed.

No Win No Fee Careless Driving And Dangerous Driving Personal Injury Claims

No Win No Fee agreements contain many monetary benefits as they leave you with little to lose. Our solicitors are happy to discuss working on a No Win No Fee basis with claimants.

A No Win No Fee agreement, or Conditional Fee Agreement, is a contractual agreement between you and your personal injury lawyer. This contract states what your solicitors has to do in order to receive payment.

If your case loses, you don’t have to pay the fees your solicitor has gained throughout your case. If your case wins, your personal injury solicitor will deduct a legally capped, small percentage of your compensation.

Talk To An Expert

Our team of advosers are available around the clock to offer you 24/7 free legal advice. They’d be happy to answer any questions you have and assess how much compensation you may be entitled to.

If you have a promising case, they can connect you to a personal injury solicitor to explore No Win No Fee agreements with you. Our lawyers are experienced in helping claimants gather sufficient evidence to support their claim.

When you speak to an adviser from our team, you are not obliged to proceed with one of our solicitors. However, if your claim is legitimate, the opportunity to be connected to a personal injury solicitor who can be offered to you.

You can contact our team of advisors by:

• Ringing them on 0800 073 8804 to receive assistance with your case.
• Filling out our online claims form to give an adviser as much information as possible about your situation.
• Having a chat with an adviser through our instant chat pop-up box to receive a response straight away.

Learn More About Motoring Offences

Department for Transport – This link includes information such as statistics surrounding road traffic accidents and national travel survey statistics.

Motor Insurers Bureau (MIB) – The MIB helps victims of injuries sustained from uninsured drivers gain compensation.

Broken Leg – Have you suffered a broken leg injury due to a road traffic accident? This NHS guide includes important information you should know.

Thank you for reading our guide about careless driving vs. dangerous driving.

By Stephen Hudson. Last Updated 11th June 2025. Welcome to our guide, which aims to explore the question: what is a Conditional Fee Agreement (CFA)? We understand how overwhelming it can be when you’re in an accident that causes you harm. It can be especially frustrating when the accident resulted in injuries from someone breaching their duty of care to you.

If you’ve experienced this and want to make a claim and seek legal representation without paying upfront solicitor fees, our guide could help. We’ll look at how a CFA might benefit you in regards to funding the services of a solicitor.

Whether you’ve been in an accident at work, suffered a slip, trip or fall in a public place or been in a road traffic accident, if you were owed a duty of care and someone else caused you injury, you may have grounds to seek compensation.

Additionally, our guide will look at the compensation you could be entitled to and how a solicitor may value your claim. For instance, we look at the evidence you may need to obtain to support your claim.

However, we understand that it’s a complex topic, so if you have any questions after reading, our advisors can help. They’re available 24/7 to provide you with free legal advice and answer any questions you may have.

Get in touch using the details below for other FAQs about personal injury claims:

• Call us on 0800 073 8804
• Speak to an advisor at your earliest convenience using the live chat feature below
• Fill out the contact form to request a callback at a time best for you

Select A Section

1. What Is A Conditional Fee Agreement (CFA)?
2. Am I Eligible To Claim Compensation Under A Conditional Fee Agreement?
3. How Do Conditional Fee Agreements Work?
4. How Much Do Solicitors Charge Under A Conditional Fee Agreement?
5. Are Conditional Fee Agreements Free?
6. What Changes Have Been Made To No Win No Fee Claims?
7. Key Points To Keep In Mind About Conditional Fee Agreements
8. What Evidence May Be Used When Claiming Under A Conditional Fee Agreement?
9. Essential References

What Is A Conditional Fee Agreement (CFA)?

A Conditional Fee Agreement (CFA) is a type of No Win No Fee agreement. For a personal injury claim, such a contract may be signed between the solicitor and the claimant. A CFA allows you to access the services of a solicitor without incurring upfront or ongoing fees.

If you agree to claim with the help of a solicitor under a CFA, you usually only need to pay for that solicitor’s services if your case is successful. This payment is known as a success fee. It involves the solicitor subtracting a small and legally capped percentage of the compensation awarded. The percentage taken should reflect the amount of work that the solicitor contributed to the case.

When you have valid grounds to claim under a CFA with a legal representative, you and the chosen solicitor can discuss the details of your case and how payment works before you sign the contract agreement.

If you want to learn more about what is a Conditional Fee Agreement and how such an arrangement works, please read on or contact our advisors for free today.

Am I Eligible To Claim Compensation Under A Conditional Fee Agreement?

You could be eligible to claim compensation under a Conditional Fee Agreement if you meet the eligibility criteria. For personal injury claims, you need to be able to demonstrate that a third party owed you a duty of care and that a breach of this duty caused you to be injured.

We have summarised the duties of care in different scenarios here:

• Employers are required to take reasonable steps to ensure the safety of their employees as per the Health and Safety at Work etc Act 1974. 
• Those in control of public places must take steps to ensure the reasonable safety of all visitors to their premises under the Occupiers’ Liability Act 1957.
• Every road user must do everything within their power to prevent causing harm to one another. This means they must uphold the standards of both the Road Traffic Act 1988 and the Highway Code. 

The general eligibility criteria to work with one of our solicitors under a Conditional Fee Agreement are therfore:

1. You were owed a duty of care by a third party.
2. This duty was breached in some way.
3. That breach caused an accident in which you were injured. 

To ask our advisors, “what is a Conditional Fee Agreement?” and to get a zero eligibility assessment, get in touch with us today using the contact information given below.  

How Do Conditional Fee Agreements Work?

You may be asking “what is a Conditional Fee Agreement and how does it work?” A CFA may be offered to you by a solicitor if they feel confident that your case will conclude in your favour. If the case does prove successful, you’ll pay a legally capped success fee that your solicitor deducts from your compensation. This specific fee does not apply if the claim proves unsuccessful.

Also, before your solicitor takes on your claim under a CFA agreement, they may carry out an assessment on how likely it is to be successful. That’s because if it fails, the defendant may ask you to pay certain legal costs. However, a solicitor can assess the chance of this happening and advise on any insurance policy you can take to protect you from these costs.

For more information about the process of claiming under a Conditional Fee Agreement, please read on or get in touch with our advisors today.

How Much Do Solicitors Charge Under A Conditional Fee Agreement?

The amount that solicitors can charge is subject to a legally binding cap at 25% of the compensation awarded by The Conditional Fee Agreements Order 2013. What this means is, that when you make your claim with us under a Conditional Fee Agreement (CFA), the solicitor will deduct a maximum of 25% from your compensation as their success fee.

However, while the success fee is capped, other fees, such as costs related to getting an independent medical assessment, may apply during your claim. All these costs will be explained to you clearly and upfront before the claim begins.

You can get more details on claiming on a No Win No Fee basis by reading the next sections. You can also ask our advisors any questions you may have. The team are available 24 hours a day via the contact information provided below.

Are Conditional Fee Agreements Free?

CFAs can be beneficial for those apprehensive about seeking legal representation due to the costs normally associated.

For instance, you can avoid upfront solicitor costs or solicitor costs that may incur during the course of your claim. Additionally, you won’t be asked to pay solicitor fees if the claim fails.

However, there may be other costs that your solicitor will inform you of before making your claim.

The following sections will look into this in more detail. Alternatively, you can get in touch with our advisors for further details.

What Changes Have Been Made To No Win No Fee Claims?

Two important pieces of legislation in the early 2010s changed how No Win No Fee agreements worked. Previously, the defendant had to pay the success fee earned by the claimant’s solicitor if the claim was successful. However, Section 44 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ended this arrangement.

Now, the success fee is collected from the compensation awarded to the claimant. This ensures the solicitor receives a fee for their work in winning a case while also meaning that their client does not have to pay the fee out of their own pocket, as the solicitor’s fee can be subtracted straight from the compensation.

The Conditional Fee Agreements Order, which was passed the following year, determined how a Conditional Fee Agreement works. This makes the CFA an agreement where the solicitor can only take up to a certain small percentage of the compensation award.

If you have any questions, like ‘What is a Conditional Fee Agreement?’ or ‘How much of my compensation would a solicitor take?’ you can call us now for free guidance.

Key Points To Keep In Mind About Conditional Fee Agreements

In the sections above, we answered your question, ‘What is a Conditional Fee Agreement?’ Now, here are some points which you should be aware of regarding Conditional Fee Agreements (CFAs):

• A CFA is a written agreement which is legally binding and features clauses which have been explained in great detail. 
• It is important to ensure that there is no vagueness or grey area in your CFA. This written agreement or contract must clearly state whether you have to pay a fixed fee or a percentage of the compensation amount if your claim is successful. Although the success fee is typically a percentage of the total compensation, and the legal cap is capped at 25%, it is advisable to discuss and clarify for your understanding.
• The CFA must be drafted and discussed before you officially instruct the solicitor to work on your case. This is to allow you an opportunity to decide whether you wish to proceed or consult another solicitor.
• If the success fee is a percentage, it should be determined at this initial stage, and the agreed-upon percentage must be specified in the CFA.

Call our advisors now for more information on how the success fee is calculated.

What Evidence May Be Used When Claiming Under A Conditional Fee Agreement?

The evidence you can use when claiming under a CFA will to show that the third party was liable for your injuries. Having answered the question, “What is a Conditional Fee Agreement?” we’re going to look at how to prove liability in your claim.

We have given some examples of evidence you could use below:

• The first thing we recommend following any accident, even if your injuries seem minor, is to seek professional medical attention. While your health is our main concern, the records of this treatment, such as copies of any scans or test results are very useful for showing the extent of your injuries.
• If available, you have the right to request CCTV footage of yourself. You can also acquire footage from dash cams devices for a road traffic collision.
• You can also photograph your injuries, the scene of the accident and what caused it.
• For an accident at work, take a copy of your incident report from the workplace accident book.
• You can also get copies of other workplace documents such as maintenance or training records.
• Persons who saw what occurred, colleagues, members of the public, or other drivers, could be a witness for the claim. Make sure you have their contact details so their statement can be taken at a later date.

One of the many advantages of working with one of our dedicated No Win No Fee solicitors is that they can help you collect evidence. To learn more about how you can benefit from claiming under a CFA legal contract and for a free assessment of your eligibility, contact our advisors today using the contact information below.

Contact Us Today

We expect that you may still have questions after reading our guide. Alternatively, you may be ready to put forward your claim. Either way, our advisors are available to help you.

So, why not get in touch on the details below?:

• Call us on 0800 073 8804
• Speak to an advisor at your earliest convenience using the live chat feature below
• Fill out the contact form to request a callback

Essential References

• See the NHS website for any medical advice.
• Find out about the Royal Society for the Prevention of Accidents (RoSPA).

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