Author Archives: Patrick Mallon

About Patrick Mallon

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

How To Avoid No Win No Fee Scams

Last updated 25th February 2025. If you’ve been injured in an accident that wasn’t your fault or suffered because of medical negligence you might want to think about claiming compensation for your suffering. However, the thought of losing money on solicitor’s fees coupled with the fact that legal aid is no longer available in many areas of the law might put you off claiming. However, one option that might help is a No Win No Fee service. But are they as good as they seem? Well, here ay Legal Expert all claims that we take on we do so under No Win No Fee agreements. These can also be known as Conditional Fee Agreements and be used to fund personal injury solicitors. As we progress through this guide, we’ll look at how No Win No Fee works, what you can claim for and how much compensation might be paid.

Do No Win No Fee Solicitors Scams Happen?

Legal Expert has a team of specialist solicitors who can help with all sorts of claims. In fact, they’ve been helping clients claim for over 3-decades. Our service includes a no-obligation telephone assessment of your case in which an advisor will offer free legal advice. If the claim appears suitable, it could be passed to a solicitor. If they are happy to represent you, they’ll work on a No Win No Fee basis for you.

To discuss beginning a claim today, please get in touch on 0800 073 8804. Alternatively, to learn more about the No Win No Fee claims service, please continue reading.

'No Win No Fee' written in red in a red box with a black question mark over the top covering some of the text.

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A Guide On How To Avoid No Win No Fee Scams

In this guide, we are going to look at how No Win No Fee services work. While No Win No Fee scams are rare, such services can vary widely so it is important that you check the contents of any agreement before signing it. As we progress, we’ll explain what these agreements might cover, what hidden fees might be included, whether insurance is required and what you can do to avoid unreasonable costs.

No Win No Fee services might be offered for medical negligence claims, accident at work claims, personal injury claims and road traffic accident claims. They are a great way of making the claims process less stressful. We’ll provide further information on how they work later on.

However, before taking legal action, you should consider the applicable time limits. Mostly, personal injury claims must be started within 3-years of the date you were injured. Alternatively, the limitation period might begin at a later date if your injuries weren’t diagnosed right away. Or you were not aware that your injuries were caused by negligence. One exception to these rules is where a child is involved. In these cases, a parent (or responsible adult) can claim on the child’s behalf at any point before the child turns 18-years old.

If you have any questions about our No Win No Fee services, please call our team. We’ll answer any questions and review your case for free. If you have the grounds to claim, we’ll ask one of our solicitors to review your case in more detail.

What Are No Win No Fee Claims?

A No Win No Fee service offered by a solicitor is where a claimant instructs a solicitor to represent them but where no upfront fees or hourly rates are charged.  Typically, before a solicitor accepts to work for you on a No Win No Fee basis, your solicitor will want to check that:

  • The defendant owed you a duty of care; and
  • They breached that duty through a negligent action; and
  • You suffered as a direct result of that negligence.

Solicitors offer No Win No Fee services because other funding options, like legal aid, are no longer available. These services are to be welcomed as they allow claimants to seek representation no matter their financial situation as they avoid paying solicitor’s fees in unsuccessful cases.

Instead of paying for the solicitor’s work up front, a success fee is deducted from any compensation you are awarded. This type of service puts a lot of the financial risk onto the law firm so they will only provide No Win No Fee services where the claim has a reasonable chance of success.

Success fees are only payable in the event your claim is won and that you are paid compensation. The Ministry of Justice restricts them to no more than 25% of your settlement. Generally, most No Win No Fee solicitors charge the full 25%.


Could You Have To Pay Hidden Fees?

As with any contract or legal agreement, it is vital that you verify what is and isn’t included before signing it. No Win No Fee agreements are no different.

Some agreements only cover the cost of your solicitor’s fees. They might not cover the cost of hiring medical experts or barristers. Additionally, the cost of the defendant’s solicitors if the case loses might not be covered.

If you hire another solicitor to act for you, when one was originally appointed and the case is successful, you might have to pay a success fee to both solicitors.

Furthermore, your No Win No Fee agreement might include additional costs if:

  • You settle out of court against your solicitor’s recommendations.
  • Your solicitor advises you to accept an offer but you refuse.
  • You don’t cooperate fully with your solicitor.

Again, it is vitally important that you read the details of your agreement in full before signing it. If you don’t, and it includes hidden fees, you could end up with a bill that you were not expecting.

Could After The Event Insurance Help You Avoid A Scam?

After The Event insurance (ATE) is usually used to cover the defendant’s legal fees if your claim is unsuccessful. It can also cover your solicitor’s disbursements during your case such as the cost of medical reports, barristers fees and court costs. This cost of the insurance cannot be recovered by the defendant if they lose the case.

Your solicitor is highly likely to ask you to take out ATE insurance before they agree to work for you.  However, it is not compulsory.

Something that is important to consider is the cost and level of cover offered by your ATE insurance policy. As with other insurance, the insurer may consider the likelihood that they’ll need to payout.

How To Avoid Any Unreasonable Costs

It is also important to check your No Win No Fee agreement for further solicitor’s costs. If your claim is lost, the terms of the agreement will mean you won’t have to pay for your solicitor’s work.

However, if your claim is won, your solicitor’s legal fees will be passed to the defendant to pay. This does not include the success fee that you will cover. If they believe these fees are too high, they could decide to contest them through a court.

Also, if you decide you no longer want to make a claim halfway through the case the agreement may state that you are liable for costs. If you make a claim that is not honest you could also be asked to pay the costs and fees involved.

Again, you should be sure about what you’ll need to pay in this scenario. Your contract should explain all fees and charges clearly. Therefore, you should read it clearly before agreeing to work with your solicitor.

If you would like to discuss how our No Win No Fee service works, why not call our team today? We’ll explain the claims process clearly and let you know your options after reviewing your case.


How To Avoid No Win No Fee Scams With A Solicitor

When you seek damages from somebody, you’ll usually end up dealing with their insurance company. This can be a difficult process that can involve complex legal and medical questions. We believe it’s best to have legal representation to give yourself the best chance of being compensated fairly. Although having a solicitor represent you is not compulsory.

If you do want a solicitor on your side, we’d suggest that you check that they:

  • Are registered with the Solicitors Regulation Authority.
  • Specialise in personal injury or medical negligence claims.
  • Provide a No Win No Fee service.

Our aim is always to reduce the financial risks. If your case is taken on, we’ll appoint a solicitor who will do all they can to try and ensure that you receive the maximum level of compensation possible. If you’d like to know more about us, why not take a look at our recent reviews?

No Win No Fee Personal Injury Claims Calculator

When a personal injury claim is successful, there are two heads of claim that could potentially make up the compensation value – general and special damages. 

Under general damages, you’re compensated for the physical and psychological effects of negligence. Some factors that are looked at under this head of claim include:

  • Loss of amenity (such as being unable to participate in hobbies). 
  • The severity of the pain. 
  • The estimated length of recovery. 

When valuing general damages, legal professionals can use your medical evidence and the Judicial College Guidelines (JCG) to help them. The JCG is a publication with guideline compensation brackets for a variety of injuries and illnesses. 

Guideline Compensation Table

In the table below, we have taken a few injuries and their guideline compensation brackets from the JCG. These are just some examples of injuries that could be suffered following an accident either at work, on the road, or in a public place. 

Please bear in mind when viewing this table that the top figure is not from the JCG. Also, none of these figures can be guaranteed for your potential personal injury claim because all claims are unique in circumstance. 

InjurySeverityGuideline Compensation Brackets
Multiple serious injuries and special damagesSeriousUp to £1,000,000+
Brain damageVery severe (a)£344,150 to £493,000
Less severe (d)£18,700 to £52,550
NeckSevere (a) (i)In the region of £181,020
Moderate (b) (i)£30,500 to £46,970
ArmSevere (a)£117,360 to £159,770
Less severe (c)£23,430 to £47,810
Hips and pelvisSevere (a) (i)£95,680 to £159,770
Moderate (b) (i)£32,450 to £47.810

Special Damages

Under special damages, you’re compensated for the financial effects of negligence. Some financial losses that could potentially be suffered following an accident include:

  • Loss of earnings if you cannot work while recovering from your injury. 
  • Professional and domestic care costs. 
  • Medical expenses, such as prescriptions. 

However, you must provide evidence in the form of receipts, invoices, payslips, and bank statements if you wish to receive compensation for special damages. 

To learn more about how to avoid No Win No Fee scams and how personal injury compensation is calculated, please contact us today.

How To Use A No Win No Fee Agreement

If you have an eligible personal injury claim, you may be wondering, “How can I avoid a No Win No Fee scam?”. Well, our No Win No Fee solicitors will only accept your case if they believe there is a reasonable chance of winning.

If you are connected with one of our specialist solicitors, they can provide the following services under a Conditional Fee Agreement (CFA), which is a specific type of No Win No Fee agreement:

  • Collect your evidence for you. 
  • Send correspondence on your behalf to the defendant. 
  • Ensure the compensation value is fair. 
  • Explain any legal jargon.  
  • Send regular updates on the case. 

Additionally, as we’ve already touched on, if you’re offered a CFA, you will not have to pay anything for your solicitor’s services:

  • Before the claims process starts. 
  • Throughout the whole claims process. 
  • If the claim is unsuccessful. 

Instead, if your claim is successful, your solicitor can keep a small percentage of your compensation, which is legally capped. This percentage is called the success fee. 

Our No Win No Fee solicitors have proven experience in winning compensation for their clients. So, to see whether you can work with one of our specialist solicitors today, please contact us. Our team can help give you information on avoiding a No Win No Fee scam and advice on what you should do next following an accident.

Speak To An Expert

We hope that we have helped you to understand how solicitors work and how to avoid No Win No Fee scams. If you would like to discuss how our solicitors could help you to claim, you can:

Our claims line is available 24-hours a day, 7-days a week. We provide no-obligation case reviews as well as advice on your claim options. Remember, our solicitors offer a No Win No Fee service if your claim is accepted to make the process a lot easier and less stressful.


Essential References

In this section of our guide on No Win No Fee scams, we’ve added some useful resources and links to some more of our own guides. Please let us know if you’d like any additional information.

Solicitors Register – You can use this tool to avoid No Win No Fee scams. It allows you to verify that a solicitor or law firm is registered.

Find A Solicitor – Advice from the Law Society on what to expect when using a solicitor.

Litigation Friends – This government article explains how to claim on behalf of a child or adult who can’t claim themselves.

Written By Hambridge

Edited By Melissa.

How To Make A Bruised Ribs Injury Claim

Last Updated 28th May 2025. If you’ve suffered a bruised or broken rib from an accident you weren’t liable for, you may be able to claim compensation. Making a personal injury claim revolves around proving that someone else’s negligence caused your injury. If you’re able to do that, you could make a successful bruised ribs injury claim and receive thousands of pounds as a result.

How Do You Claim For Bruised Ribs?

Below, we’ll cover:

  • In what instances can I claim for bruised ribs?
  • What are some bruised rib symptoms?
  • How much compensation for bruised ribs could I receive?
  • Who could claim when a child has been injured?
  • Do I need to get a diagnosis to claim?
  • Can I start my claim before knowing the extent of my injuries?
  • What are examples of negligence in a bruised ribs injury claim?
  • How can a No Win No Fee personal injury lawyer help me claim?
  • What is the personal injury claims time limit?

Man holding ribs in pain due to an injury

Our advisors are available 24/7 and can provide you with free advice, so if you do have any questions or queries, like wanting to check your claim eligibility, contact us using the details below.

  • Call us on 0800 073 8804.
  • Provide us with details of your injury by using [email protected]
  • Contact us through our online form.
  • Use our live chat function on the right-hand side of your screen.

Read on for more about how a personal injury solicitor could help you receive compensation for a bruised ribs injury claim.

Select A Section

  1. What Is A Bruised Ribs Injury?
  2. What Is The Difference Between Bruised And Broken Ribs?
  3. Causes Of Bruised Ribs
  4. What Is The Time Limit For Bruised Rib Injury Claims?
  5. Bruised Ribs Compensation – Examples Of Evidence You’ll Need To Claim
  6. Who Pays My Compensation Settlement?
  7. Average Compensation For Broken Ribs
  8. What Types Of Damages Could You Sue For?
  9. No Win No Fee Bruised Ribs Injury Claims
  10. Essential References

What Is A Bruised Ribs Injury?

Your ribs are thin pieces of bone solely designed to protect vital internal organs such as your lungs and heart. Your ribs form from your spine, go around your chest and attach to your sternum. Due to their length, you could suffer a rib injury in different parts of your body. For instance, you could suffer bruised ribs in your back.

A bruised ribs injury, or a rib contusion, is usually caused by a direct impact to your torso. This can be caused by many different incidents, such as slips, trips and falls and road traffic accidents. The injury can be very painful, making it difficult to breathe and move.

What Is The Difference Between Bruised And Broken Ribs?

There is only one main difference between bruised and broken ribs, as similar incidents often cause them. Broken ribs tend to be slightly more complex because, with the rib protecting vital organs, a broken part of them could, theoretically, puncture or tear one of the organs underneath. This could, therefore, lead to further medical complications. While a bruised rib is very painful, the bone itself is still intact.

Under extreme circumstances, complications from a broken rib could lead to surgery or severe heart or lung issues. While there can still be difficult complications dealing with a bruised rib, it tends to not lead to as many permanent or long-term health issues.

You may also want to claim due to medical negligence. You could, for example, have been misdiagnosed through a video examination with your GP or a doctor. If that is the case, you’re more than within your rights to see if you can seek compensation. Click here for more information about misdiagnosis claims.

Call us to see if you can make a bruised ribs injury claim. Our advisors can quickly assess your circumstances to see if you’re able to seek compensation for a bruised or broken rib.

Causes Of Bruised Ribs

This next section will provide scenarios that could lead to you making a successful bruised ribs injury claim. You will, therefore, have a better understanding of your situation and whether you’ll be able to make a successful claim.

For a third party to be negligent, they need to have a duty of care towards you.

From a legal perspective, negligence occurs when the third party doesn’t adhere to their duty of care, causing you to get injured because of it.

As a duty of care is a legal obligation, if you can prove that third party negligence caused your injury, you may be able to receive compensation.

Road Traffic Accidents

Every road user in the UK needs to adhere to the Highway Code. It is a series of rules designed to lessen the number of road traffic accidents on the road. It clearly defines safe and careful conduct so that every road user knows how they should conduct themselves.

By defining what is considered safe-conduct, it illustrates that any conduct not described within its rules is unsafe. If you feel that you’ve been injured due to another road user’s negligence, you may be able to claim compensation for the damage caused.

Examples of a car accident you could claim for include:

  • Suffering a rib injury due to another vehicle turning into your motorway lane without indicating.
  • Colliding with another car due to the driver going above the speed limit and turning into a junction at the wrong moment. This could result in you making a bruised ribs injury claim.
  • Another driver reversing their vehicle without sufficiently checking their mirrors. This could lead to their car colliding with yours. As the vehicle collides with the front of your car, it could cause you to suffer ribcage damage.
  • A rear-end shunt forcing you forwards and leading you to bang your ribs.

There’s one thing to bear in mind when claiming for road traffic accidents, such as a car accident – if your injuries are judged to be worth less than £5,000, you will need to claim via an alternative method. This is highlighted in The Whiplash Injury Regulations 2021. However, get in touch with us first to check the value of your case.

Slips Trips And Falls

You may also be able to claim if you’ve suffered an injury after a slip, trip or fall in a public place. You could seek compensation if your injury has occurred due to the controller of the space not making sure the place is reasonably secure for members of the public.

This is because the controller has a duty of care to anyone using their facilities to ensure it’s reasonably safe to use. However, this doesn’t just mean that the space needs to be fit for its designated purpose – it means that the public need to generally be able to use the space without being at risk of injury. The controller’s duty of care is detailed in the Occupiers’ Liability Act 1957.

Examples of slips, trips and falls that could lead to you making a successful claim include:

  • Falling down a flight of stairs because of poor lighting or a handrail in need of repair. This could cause you to need to visit a minor injury unit for a bruised rib.
  • Slipping on a wet floor due to no warning signs being present. This could happen in a supermarket, for instance. Due to how you fall, this could result in you suffering bruised ribs in your back.
  • Exposed wiring could lead to you falling. The bruised ribs could result in you being unable to take deep breaths while recovering, leading you to inquire about making a personal injury claim.

Accidents At Work

You could also potentially claim if you’ve suffered an accident at work. To claim, you must’ve suffered the injury due to employer negligence. Your employer’s duty of care is described in The Health and Safety at Work etc. Act 1974.

Every employer must ensure, within reason, that their facilities are secure enough for employees to use them safely. It also covers systems of work and the need to ensure tools and machinery are kept in good working order. Therefore, if you injure yourself while at work due to unsafe work conditions, you may be able to claim. Examples of this kind of negligence include:

  • Falling from a ladder due to the ladder not being secure enough to use.
  • Suffering rib fractures because you were instructed to carry an object that’s too heavy. This could result in you slipping and the object falling onto your chest.
  • Slipping and falling due to the flooring not being correctly installed. This could lead to you receiving bruised ribs compensation.

Other Causes

You may be wondering, “What else can cause my ribs to feel bruised but to have no other injury?” There’s another type of incident that could lead to you looking into personal injury claims.

If you’ve been the victim of a violent crime, you can claim compensation through the Criminal Injuries Compensation Authority (CICA). Examples of incidents that could lead to you claiming through them include:

  • Sexual abuse.
  • Being the victim of a mugging.
  • Being injured while having your car stolen or your house broken into.
  • Assault

Any of these incidents could result in you having bruised rib symptoms. Despite going through the CICA, you can still use a personal injury lawyer to help you with the case. Our lawyers and solicitors could help clarify the claims process so you have a greater knowledge of how you could receive compensation.

You can find more details of the potential compensation amounts from these types of claims through the Criminal Injuries Compensation Scheme 2012.

Visit our website to learn more about the different types of criminal injuries you could claim for. If you have any more questions or queries about making a bruised ribs injury claim, you can contact our advisors 24/7 at a time that works for you.

They can also provide you with a reliable compensation estimate by using a specialised personal injury claims calculator over the phone. Call them using the contact details above.

What Is The Time Limit For Bruised Rib Injury Claims?

You typically have 3 years to claim compensation if you suffered from a bruised rib in an accident that was not your fault. This generally begins from the date you sustained your injuries.

This limitation period applies to all personal injury claims under the Limitation Act 1980. However, there are some exceptions to this rule, allowing everyone an equal opportunity to start a claim. 

For example, the time limit may not apply if:

  • The claimant is a minor- here, the time limit is paused until the claimant’s 18th birthday and ends on their 21st birthday. This is because children cannot manage their own claim. 
  • The claimant lacks mental capacity- here, the time limit is indefinitely paused as the claimant cannot start a claim independently. 

If a bruised ribs injury claim is paused, a litigation friend may start a claim on behalf of the injured person. It is their responsibility to act in the claimant’s best interest throughout the entire claims process. Some of their key duties include:

  • Making legal decisions for the claimant 
  • Signing legal documents for the claimant
  • Discussing the claim with our advisors and solicitors

If you want to know more about the role of a litigation friend or whether you are still within the bruised ribs compensation claims time limit, please contact our helpful advisors. 

Bruised Ribs Compensation – Examples Of Evidence You’ll Need To Claim

Broken rib injury claims require supporting evidence. You must be able to demonstrate that a third party owed you a duty of care, and when they breached this, you suffered a rib injury and potentially other injuries as well.

Examples of evidence that could support a personal injury claim for rib injuries include:

  • Medical records that include details of any treatment for bruised ribs you received. In addition, you might be asked to attend an independent medical exam.
  • Accident footage, such as footage from CCTV, a mobile phone or dashcam footage.
  • A report from the accident book if your injuries occurred while at work.
  • The contact details of any witnesses who could provide a statement about the incident that harmed you.
  • Photographs of the accident scene. For example, if you fell down the stairs due to a broken handrail, you could submit images of this.

Contact Legal Expert today for free advice on matters regarding rib injury claims including what evidence to gather, whether you could be supported by one of our No Win No Fee solicitors and what the average payout for broken ribs is in the UK.

Who Pays My Compensation Settlement?

Who pays your compensation settlement if you’ve made a successful claim purely depends on who was deemed liable for the injury. This, therefore, depends on how the injury occurred and if it’s assessed that third party negligence caused it.

  • For road traffic accidents, the third party’s insurance company will pay the settlement. If they’re uninsured, a claim can be made against the Motor Insurer’s Bureau.
  • For slips, trips and falls, the controller of the space will pay the settlement, potentially through an insurer. It all depends on whether they have public liability insurance.
  • If you’ve suffered an accident at work that is deemed the employer’s fault, the employer’s insurance company will pay the settlement.
  • For violent crime compensation, the government pays you compensation through the Criminal Injuries Compensation Scheme 2012.

Average Compensation For Broken Ribs

There are many different factors that will be considered when your claim is being evaluated. This is why we cannot provide an average settlement for broken ribs after a car accident. Every claim is assessed according to the individual circumstances. Your claim could comprise of:

General damages: this compensates for the pain and suffering your injury has caused. This includes physical injuries as well as psychological injuries. The payout you might receive depends on the severity of your injury and its impact on your quality of life.

Special damages: special damages on the other hand, compensate for financial losses caused by your injury. The amount will depend on the damages incurred and the evidence you could provide.

Solicitors consider compensation amounts from the Judicial College Guidelines (JCG) to assist them in valuing claims. However, the bracketed compensation amounts from the JCG cannot be considered average compensation for broken ribs as they may not reflect your own payout. Instead, each case is unique and will be considered individually to calculate an appropriate payout for broken ribs from a car accident.

The table below is taken from the newest edition of the JCG. If you want a more personalised evaluation, our advisors can help you. Please note that the top figure was not taken from the JCG.

Type of InjuryGuideline Compensation
Multiple Serious Injuries Plus Special DamagesUp to £200,000+
Chest (b) - Traumatic Injury To Chest, Lung(s) And/Or Heart£80,240 to £122,850
Chest (c) - Damage To Chest and Lungs£38,210 to £66,920
Chest (d) - Relatively Simple Injury£15,370 to £21,920
Chest (e) - Injuries Leaving Some Non-Permanent Residual Damage£6,500 to £15,370
Chest (f) - Injuries Leading To Collapsed Lungs£2,680 to £6,500
Chest (g) - Rib Fractures Or Soft Tissue InjuriesUp to £4,820
Multiple Laceration Scars that are Noticeable or A Disfiguring Scar£9,560 to £27,740
Scarring With No Significant Internal InjuryIn the region of £10,550

For a more precise estimate relevant to your case, please get in touch.

What Types Of Damages Could You Sue For? 

Special damages can relate to any financial losses suffered from the injury that you’re able to prove. You can, therefore, claim for such things as:

  • Loss of earnings
  • Loss of future earnings
  • Travel costs
  • Prescription costs
  • Recreational activities that you can now no longer go to.

Being able to prove the financial losses is very significant. You’ll need to provide your personal injury solicitor with receipts, invoices or bank statements validating the amounts you’re looking to claim. If you’re unable to do this, you may only receive some or none of the special damages you intended to claim.

If you have any more questions or queries about the possibility of receiving bruised ribs compensation, give us a call. We can give you a reliable compensation estimate on the phone in just a few minutes.

No Win No Fee Bruised Ribs Injury Claims

If you’ve had to seek medical attention, such as needing to go to a minor injury unit for a bruised rib, you may be wanting to seek compensation but are concerned over the cost. Well with a No Win No Fee claim, this isn’t necessary.

With that in mind, you may be unsure what “No Win No Fee” means and how it can benefit you. It means that:

  • Your personal injury solicitor will not request legal fees from you either up front or during the claims process.
  • In a successful case, they’ll deduct a small percentage of your award. This is capped by law.
  • They will also not request you pay any legal fees should your claim be unsuccessful.

Therefore, you can rest assured knowing that they won’t waste your time. They will only take your case if they feel you have a reasonably good chance at success.

Our solicitors have years of experience with personal injury claims and work on a No Win No Fee basis. Contact us today using the details below!

  • Call us on 0800 073 8804.
  • Provide us with details of your injury by using [email protected]
  • Contact us through our online form.
  • Use our live chat function on the right-hand side of your screen.

Essential References 

Please use the links below to learn more:

  • To know more about rib fractures and chest injuries, view this NHS guidance.
  • The Health and Safety Executive (HSE) offers UK-based work-related injury statistics which you can view here.
  • Broken your rib? If so, and you want to see if you can claim, view this page on our website.
  • To know more about general rib injury claims, click here.
  • Suffering a scar injury from an accident you weren’t liable for? If so, click here.
  • Get help making a claim for accidents at home with our informative guide.

What Are Special Damages In Personal Injury Claims?

By Cat Way. Last Updated 21st July 2025. If you were involved in an incident that resulted from another party’s actions, you may be eligible to begin a personal injury claim if the accident was caused by a third party who owed you a duty of care being negligent. However, did you know you could also include any financial losses in your claim too? This part of your compensation is known as special damages.

Special damages are not a fine or a penalty but instead are designed to put you back in the same financial position you were in prior to the injury. In this guide, we’ll explain what financial losses your claim could include. We’ll also provide details of how the claims process works.

Legal Expert can help if you decide to claim. We provide a telephone consultation and legal advice on a no-obligation basis. Where your claim appears strong enough, we could connect you with one of our No Win No Fee solicitors. We will explain what No Win No Fee means later on in this guide.

If you are ready to begin a personal injury claim right away, why not give us a call on 0800 073 8804 today? Alternatively, read on to learn more about how special damages are calculated.

A personal injury book with a gavel.

Select A Section

  1. What Do Special Damages Cover In Personal Injury Claims
  2. How Long Do I Have To Claim For Special Damages?
  3. How To Claim For Damages – Evidence Needed In Claiming Damages
  4. How Long Will my Claim For Personal Injury Damages Take?
  5. Personal Injury Compensation Calculator
  6. Claiming For Special Damages In Personal Injury Claims With A No Win No Fee Solicitor
  7. Resources

What Do Special Damages Cover In Personal Injury Claims

Special damages in personal injury claims compensate you for any financial losses you incurred due to the injuries you sustained in your accident. Some examples of financial losses you may be compensated for include:

  • Lost wages – you may miss out on wages if you take time off work because of your injuries.
  • Lost work benefits- these may also result from time off work and include missed pension contributions, bonuses and holiday entitlement.
  • Medical costs –  Depending on the nature of your injuries, you may need to pay for medical procedures or medication.
  • Travel costs – you may spend money travelling to and from medical appointments. 
  • Childcare cost s- you may need extra support with your children after sustaining injuries.
  • Home modification costs – you may need special equipment in your house to support you after sustaining injuries, such as ramps and stairlifts. 

Contact our helpful advisors to ask, ‘What are special damages and could I claim them?’ to find out if you can claim compensation for losses not listed in this section.

Can I Claim For Future Loss Of Earnings Under Special Damages?

Compensation through special damages can sometimes take into account losses you will or may continue to suffer until your injury heals. If you are claiming a loss of earnings, you could potentially be able to make a claim for any future loss of earnings. This is compensation for how your injury may affect your ability to work going forward.

This can be calculated or requested based on several factors, including:

  • Your age
  • The site of injury
  • The expected length of your injury
  • Missed bonuses or pension contributions
  • The field you were working in and your potential job prospects
  • Earning prospects based on the average of the field you are working in

Our advisers are specialists who could value your claim, including any future financial losses you may be likely to face.

If you wish to learn more information about personal injury claims or how much you could receive in compensation for both general and special damages, then please reach out for a free valuation.

How Long Do I Have To Claim For Special Damages?

An important part of claiming general and special damages is ensuring that your damages claim is made within the correct time limit. This time limit is set out by the Limitation Act 1980, and states that in order to claim general or special damages for a personal injury, your claim must be made within three years of your injury.

However, there are some exceptions in place to this time limit. For example, if you are under the age of 18, then the time limit is frozen until you turn eighteen. The time limit then reinstates and ends when you turn twenty-one. At any point during this time, someone else can make a damages claim on your behalf as a litigation friend.

Similarly, if the injured party is lacking the mental capacity to claim for yourself, the time limit is frozen and a litigation friend can claim on your behalf. If you have the ability to recover the appropriate capacity,  then the time limit will reinstate on the date of recovery.

To learn more about claiming special damages for a personal injury, contact our team of advisors today.

How To Claim For Damages – Evidence Needed

When making a claim for damages, both general and special, you need to be able to provide the relevant evidence to support your claim. A copy of your medical records, stating your injury and the treatment you received for it, could be used as evidence to help support your general damages claim.

When making a claim for special damages, some of the evidence you could supply include:

  • Payslips to prove a loss of earnings if you’ve required time off work.
  • Receipts for taxi rides to medical appointments to help prove travel costs.
  • Invoices for care expenses if you’ve required a carer to help you with your injury.
  • Bank statements to prove any medical costs, such as having to pay for therapy for a mental injury.

Without any evidence, it could be difficult to successfully claim.

Do not hesitate to contact an advisor today if you have any questions about claiming damages in a personal injury claim. Our friendly advisors are available 24 hours a day, 7 days a week, to offer you free legal advice and help answer any questions regarding your particular claim.

How Long Will My Claim For Personal Injury Damages Take?

The amount of time it takes to claim special damages in a personal injury claim depends on the specific nature of your case. Each claim for compensation is made on an individual basis and must be assessed accordingly. Legal experts need to consider the different aspects of your claim. The common factors that influence the amount of time taken to settle include:

  • Evidence- legal professionals will need to review the evidence you have provided to prove your financial losses, so the amount and complexity of the evidence could be important
  • Liability- the defending party does not always accept liability in a personal injury claim, or it may not be possible to agree on a settlement. Sometimes, you need to await judgment from the court. 
  • Injuries- if you have suffered multiple or severe injuries, it may be more difficult to assess the appropriate level of compensation. In particular, it could take some time to determine how your injuries may affect your ability to earn an income in future

Get in touch with our team today to find out how special damages in personal injury claims are calculated. You can discuss what factors could impact the time scale of your specific case, as our advice is tailored to each individual client. 

Personal Injury Compensation Calculator

You cannot make a claim for special damages in personal injury law without also claiming for general damages. These two heads of claim come together to form a personal injury compensation payout. Every successful claimant receives general damages because this head of claim covers the injuries you sustained and the way they affect your life.

When solicitors calculate this head of your claim, they may refer to the Judicial College Guidelines (JCG). The JCG offers guideline compensation brackets for different severities of illnesses and injuries. In the following table, you can find some examples of these brackets, but it’s important to note that these aren’t guaranteed amounts. Please note that the first entry in this table is not part of the JCG.

JCG Table

InjurySeverity LevelCompensation Guideline
Multiple Serious Injuries + Special DamagesSeriousUp to £250,000+
Wrist(a) Loss of Function£58,710 to £73,050
Facial DisfigurementVery Severe Scarring£36,340 to £118,790
Severe Leg(b) Moderate (iv)£33,880 to £47,840
Pelvis and HipsModerate (i)£32,450 to £47.810
FootSerious£30,500 to £47,840
ArmLess Severe£23,430 to £47,810
BackModerate (ii)£15,260 to £33,880
ShoulderModerate£9,630 to £15,580
SkeletalFractures of Jaws (iii)£7,880 to £10,660

As we’ve mentioned, the second head of compensation you could get for a personal injury is special damages. Contact our team today to start your claim, or read on to learn about the benefits of working with a solicitor to help you claim special damages.

Claiming For Special Damages In Personal Injury Claims With A No Win No Fee Solicitor

We provide a  No Win No Fee service for all claims we take on. That means your solicitor won’t ask for payment unless you receive compensation.

If they accept your case, your solicitor won’t ask you for payment while your claim is ongoing or in order for them to start working on it. They also won’t ask to be paid if the case is unsuccessful.

If your claim is won, however, a success fee will be deducted from your compensation. It is a fixed percentage of your compensation (capped by law) and means you always get the majority of the compensation you’re awarded.

To find out if you could claim on a No Win No Fee basis, why not call today?

Contact Our Team

If you’d like to discuss a compensation claim including special damages, please:

Resources

Please find a list of articles and guides that might help during your claim below:

Obtaining Medical Records – NHS information on how to get copies of your medical records.

Requesting CCTV Footage – Government advice on requesting copies of CCTV footage of yourself.

Employers’ Liability (Compulsory Insurance) Act 1969 – Legislation that means employers must be covered for any accident at work claims.

You can read more on personal injury claims by browsing our other gudies:

Thank you for reading about what special damages you could claim.

Written By Hambridge

Edited By Stocks.

What Is The Meaning Of Loss Of Amenity In Personal Injury Claims?

By Stephen Hudson. Last Updated 14th February 2025. Our detailed guide discusses loss of amenity, which can be an important part of a personal injury compensation claim. You may have heard the term and wondered what the ‘loss of amenity’ meaning is. Here, you can learn exactly what it refers to.

As well as outlining the loss of amenity definition, our guide provides some useful examples to show how you could be compensated. Continue reading for guidance on evidence that will help you if you seek compensation for an accident that was someone else’s fault.

Additionally, you can learn about the professional guidance our expert solicitors offer and the No Win No Fee agreement that could be available to you.

If you want to talk to someone and ask ‘what is loss of amenity?’, or learn whether you can claim, reach out to us today. Not only is our service available around the clock, it is also completely free. Select any of the below options:

  • Call our advisors on 0800 073 8804.
  • Go online to contact us so we can call you.
  • Use the live chat pop-up tab for an immediate conversation.

A lawyer discussing loss of amenity and its meaning with a client. Select A Section

  1. When Could You Make A Personal Injury Claim?
  2. What is The Loss Of Amenity Meaning?
  3. Loss of Amenity Examples
  4. No Win No Fee Loss Of Amenity Claims
  5. References On Loss Of Amenity Meaning

When Could You Make A Personal Injury Claim?

There are various day-to-day situations where you could suffer an injury because of a breach in the duty of care owed to you:

  • Accidents in a public place – The Occupiers’ Liability Act 1957 (OLA) establishes that those in control of a public space have a duty of care to ensure the reasonable safety to people who visit it. 
  • Accidents at work – Employers owe their staff a duty of care to take reasonable steps to protect them from harm while they are working. This is set out in the Health and Safety at Work etc. Act 1974.
  • Road traffic accidents Everyone using the roads owes each other a duty of care. This duty is to navigate the roads in a way that prevents harm to themselves and others. To uphold this duty, they are expected to follow the Highway Code and the Road Traffic Act 1988.

You may be eligible to claim personal injury compensation for your pain, suffering and loss of amenity if the following applies:

  • You were owed a duty of care by a third party
  • They breached this duty of care
  • You suffered harm because of this breach

For more advice on your eligibility to claim for loss of amenity through a personal injury claim, contact our advisors for free today.

What Is The Loss Of Amenity Meaning?

Our solicitors have helped many claimants receive a payment for loss of amenity as part of their personal injury claim payout. You may be asking: what is loss of amenity?

In short, it means an inability to do things that you were able to do before you suffered injuries in an accident. 

For example, you might do crafts as a regular hobby. If your dominant arm was amputated because of an accident at work, you may no longer be able to pursue that hobby. This is considered a loss of amenity, meaning you could seek a payment for this if you make a personal injury claim.

Read the next section for more insight on what a loss of amenity could look like.

If you want more information further to this loss of amenity definition, just call us today. An advisor can even give you guidance on whether one of our personal injury solicitors could help you seek compensation.

Loss of Amenity Examples

You could claim compensation for loss of amenity if this was caused by an accident because of another person’s negligence. Whether physical or psychological, the injury caused would need to have a negative impact on your quality of life. The potential compensation for loss of amenity will be based on factors including to what degree this injury has negatively impacted your enjoyment of life.

Potential examples are:

  • Someone who is now unable to do certain gym exercises because serious hand injuries caused a permanent deformity. This could be caused by an accident at work.
  • A grandfather who is unable to play with his grandchildren like he was before because of a back injury caused by a fall in a supermarket.
  • A builder who can no longer enjoy music due to years of working in loud environments without being provided with sufficient ear protection.

If you’re unsure if you can claim or have further questions about the claims process, don’t worry – you can speak to one of our advisors for free at a time that suits you using the details above. We can help you with claims for accidents at work, criminal injuries, such as assault, medical negligence, public place accidents and more.

A close-up of an injured hand covered in a bandage.

Loss Of Amenity – Evidence You’ll Need In Order To Claim

To make a successful loss of amenity compensation claim, you must be able to prove that the third party was responsible for your injuries. In doing so, you must provide evidence that establishes how the third party breached their duty of care, resulting in your injuries. 

 Some examples of evidence that might prove third-party liability include:

  • CCTV or dashcam footage of the accident
  • Photographs of your injuries or the scene of the accident 
  • Medical reports show what injuries you sustained  
  • A copy of the police or fire report if they were called to the scene 
  • Contact details of any witnesses of the accident 
  • Third-party contact details, if they were collected at the scene
  • A copy of the accident report book if the incident was reported in one

If you are having trouble finding evidence to support your claim, our experienced solicitors can help. 

Contact our friendly advisors today if you have any questions, such as, ‘What is loss of amenity?’ or ‘What is the loss of amenity meaning in personal injury claims?’

No Win No Fee Loss Of Amenity Claims

Now we have discussed the loss of amenity meaning and examples, you may be wondering who can help you seek out this compensation.

Our expert solicitors have years of combined experience in handling compensation claims. With dedicated support from a solicitor, you could use your evidence to secure as much compensation for pain, suffering and loss of amenity as possible.

Our solicitors offer their professional support under a Conditional Fee Agreement, which means:

  • You don’t pay upfront or during the claim for their services.
  • If the claim fails, you won’t be asked to pay a solicitor fee at all for the work they have provided.
  • A successful claim means your solicitor collects a fee. This success fee is a small percentage of the compensation awarded to you. There is a legal cap to the percentage they can collect.

As well as asking our advisors questions like, “What is loss of amenity?” you can get a free claim assessment. If we find valid grounds to claim, you could be connected to a trained solicitor for further support.

To discuss your case with us, you can choose any of these free contact options:

A lawyer explaining the loss of amenity meaning to a client.

References On Loss Of Amenity Meaning

Please find links below to some more guides and articles that might prove useful:

Other Guides You Might Find Useful:

Written by Hambridge

Edited by Victorine

What Percentage Do Solicitors Take If You Win Your Claim?

Last Updated 2nd April 2025. Welcome to our guide exploring the question: what percentage do solicitors take in personal injury claims? Furthermore, if you’re looking to seek legal representation but are unsure of the options available to you, this guide could help.

This guide will look at the percentage a solicitor may take as payment from your compensation settlement. The percentage that is taken will be disclosed to you by your solicitor prior to going ahead with your claim. However, we’ll explore this in more detail throughout our guide.

Furthermore, it’s important to be aware of the evidence you need to support your claim. For that reason, we’ll look at how your compensation may be calculated using different forms of evidence.

Most importantly, we’ll look at your eligibility to put forward a claim and how you can connect with a solicitor to get started. However, if you have any questions after reading, please don’t hesitate to get in touch with our team for free legal advice.

  • Telephone — 0800 073 8804
  • Please send us your enquiry, and an advisor will contact you
  • Get instant advice using the chat feature belowA solicitor shaking hands with a client.

Select A Section

  1. A Guide On What Percentage Solicitors Take?
  2. What Are Damages Based Agreements And Conditional Fee Agreements?
  3. Legal Rulings Affecting These Claims
  4. What Are The Pros And Cons Of No Win No Fee Claims?
  5. What Percentage Do No Win No Fee Solicitors Take?
  6. When Could Success Fees Be Charged?
  7. What Happens If My Claim Is Unsuccessful?
  8. How Do I Calculate My Settlement?
  9. How Are Special Damages Calculated?
  10. Could I Make A No Win No Fee Claim?
  11. How Our Solicitors Could Help You Claim
  12. Contact Our Team
  13. Essential References

A Guide On What Percentage Solicitors Take?

Before 2013, in No Win No Fee agreements, if the defendant lost the case they would have to pay the claimant’s solicitor fees as well as compensation. However, this would normally be paid by the insurance companies and so was allegedly impacting their financial stability.

For that reason, changes were implemented as per section 44 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). The Act introduced something called a ‘success fee’ that was to be paid by the claimants out of their compensation settlement figure to help cover their lawyer’s costs.

This guide will look at the difference between what each agreement means and how the success fee may be paid. Don’t forget though, if you have any questions, you can get in touch with our advisors using the number above.

What accidents can you make a personal injury claim for?

A personal injury claim can be made for different accidents such as those that happen in the workplace, on the road or in a public place. In each of these situations, you may have been owed a duty of care.

Different legislation ensures that employers, road users and occupiers of a public place are doing everything they reasonably can to prevent you from coming into harm. For instance, this legal duty is set out in the:

Anyone who fails to do everything reasonably possible to protect us as outlined in these pieces of legislation could cause an accident. Some examples of how these accidents might happen, and the injuries someone could sustain from them might include:

If you have suffered something similar, call our team. They can provide further help and advice on the steps you can take following your accident.

What Are Damages Based Agreements And Conditional Fee Agreements?

Damages Based Agreements (DBA’s) and Conditional Fee Agreements (CFA’s) are similar. However, the fees solicitors may take in the event the claim is successful are calculated slightly differently.

The following sections will look at the differences between these in more detail. Additionally, we’ll provide further information on the question: what percentage do solicitors take in different types of No Win No Fee agreements?

Conditional Fee Agreement

CFA’s were introduced to provide people with the means to seek legal representation whilst avoiding the usual upfront costs. They were often used for workplace accident claims. However, they can be used for any personal injury claim.

Under a CFA, the solicitor will take a percentage of your compensation settlement if they win the case. This is known as a success fee.

If they don’t succeed with your claim, you won’t be asked to pay the success fee nor any of their other fees.

Damages Based Agreements

For a DBA, a solicitor will set a pre-agreed amount that they’ll aim to get you in your settlement. They will then take a percentage of that amount.

Similarly to a CFA, they can be used for personal injury claims such as road traffic accidents, workplace accidents or public place accidents.

Legal Rulings Affecting These Claims

The case of A & Anor v Royal Mail Group [2015], a child accident claim, affected the deductions that are taken from a claimant’s compensation. More specifically, the success fee and After The Event Insurance (ATE).

ATE is the insurance that claimants are often advised to take out before a claim. It’s used to cover the defendant’s legal costs in case the claim fails and the defendant asks them to pay.

However, the judge advised that solicitors should carry out a detailed risk assessment of each case to check whether it was reasonable for claimants to take out this insurance.

For instance, if it’s a straightforward case where the defendant has admitted liability, then the risk of losing the claim will be lower. In these instances, there would be little need for ATE insurance.

Furthermore, the judge suggested that success fees should be more competitive and reflective of the work a solicitor has done.

What Are The Pros And Cons Of No Win No Fee Claims?

As you know, there could be a fee involved if a solicitor is representing you under a CFA or No Win No Fee agreement. However, it can be beneficial for various reasons, including allowing you to avoid the following costs:

  • Upfront costs
  • Additional costs that may be incurred during your claim

This is particularly useful if you are unable to access legal aid, which isn’t available for all cases. Additionally, if the claim fails, you won’t be asked to pay solicitor fees. This can provide some security to the claimant.

However, it may mean there are more risks involved for the solicitor. For that reason, this encourages solicitors to weigh up the risks of cases more carefully. Furthermore, they won’t waste people’s time if they feel the claim would fail as they risk not getting paid.

Most importantly, a solicitor will have experience handling claims similar to your own. With this in mind, they can guide you through each step of your claim.

What Percentage Do No Win No Fee Solicitors Take?

At this point, you may be wondering: “what percentage do solicitors take?”

If your solicitor offers their service under a Conditional Fee Agreement, their success fee could be up to 25% of the compensation awarded to you. The percentage cannot be higher, as The Conditional Fee Agreements Order was introduced in 2013 to put a strict legal cap in place.

Some other things to consider are:

  • The solicitor does not take a percentage of future losses, such as a loss of earnings from being unable to return to work.
  • In some cases, the solicitor may offer a success fee lower than 25% of the compensation awarded.
  • Our solicitors are always clear about the success fee and will discuss it with you before your claim begins.

Our advisors are always happy to have a clear and open conversation about success fees and answer questions like: “How much do solicitors take when cases win?” All you have to do to chat with us is call the number at the top of this page or use our live support feature.

When Could Success Fees Be Charged?

For personal injury claims, the success fee is often charged when a solicitor successfully wins the claim. They were introduced after the LASPO Act 2012 prevented solicitors from recovering all their legal costs from the defendant.

As a way to recompense solicitors for their time spent on cases, the success fee was introduced. It provided solicitors with a way to recover costs for their work on claims.

What Happens If My Claim Is Unsuccessful?

In addition to exploring the question: what percentage do solicitors take in successful personal injury claims? It’s also important that you know the fees you may be asked to pay if your claim is unsuccessful.

In these cases, you could be asked to pay your defendants solicitor fees. For that reason, your solicitor may advise that you take out insurance as a contingency. There are two types of insurance to be aware of:

  • Before the event insurance (BTE): This is usually included in your home insurance policy so it could be insurance that you already have. In that case, you wouldn’t need to take out after the event insurance.
  • After the event insurance (ATE): This is insurance you would only need to take out if you didn’t have BTE.

However, a solicitor should weigh up the risks of losing your claim before advising whether it’s reasonable for you to take out insurance. If they feel there is a risk of your claim being unsuccessful, you should be made aware before you go ahead.

How Do I Calculate My Settlement?

Whether you’re claiming under a CFA, DBA or without any legal representation, you have the right to seek compensation. In a personal injury claim, you can seek compensation for general damages and special damages.

General damages cover you for the injuries you’ve sustained and the impact they’ve had on your quality of life. This could include physical and psychological injuries. Furthermore, when valuing your claim, it will be considered whether there will be any long term impacts on your life.

In order to value your injuries accurately, you will need to provide medical evidence. This could be in the form of doctors or hospital notes, patient records or prescriptions. Each of these can provide information on the diagnosis or treatment you may have received.

Furthermore, you may be required to attend another medical assessment independent of your own doctors. This can provide an unbiased report on the extent of your condition or injuries.

It can also be useful if you’re claiming a while after the accident happened. For instance, it can give information on the current state of your condition and more accurate details on the long term impact your injuries have had.

Alongside the different forms of medical evidence, a document called the Judicial College Guidelines can help to value claims. The table below uses figures from this document to give you an idea of how much you could claim for various injuries. Please note that the top figure was not taken from the Guidelines by the Judicial College. It is included to show you how compensation could be awarded for multiple injuries and special damages. This table is only provided for guidance.

Type of injurySeverityExample compensation award
Numerous Significant Injuries Plus Financial Costs Or LossesSeriousUp to £1,000,000+
ParaplegiaTetraplegia (a)£396,140 to £493,000
Brain DamageModerately Severe (b)£267,340 to £344,150
Leg AmputationsBelow-Knee Amputation of Both Legs (a) (ii)£245,900 to£329,620
Severe Leg InjuryThe Most Serious Injuries Short Of Amputation (b) (i)£117,460 to £165,860
ArmSevere Injuries (a)£117,36 to £159,770
WristLoss Of Function (a)£58,710 to £73,050
NeckSevere (a) (iii)£55,500 to £68,330
ShoulderSevere (a)£23,430 to £58,610

How Are Special Damages Calculated?

Along with general damages, you could claim compensation under the special damages head of loss. This may compensate you for any financial losses you’ve incurred as a direct result of your injuries. They include both losses from the past and the future.

Some examples of the losses you might have faced, include:

  • Loss of earnings due to being unable to work, whether temporarily or permanently
  • Care costs for you or anyone else who may be dependent on you, such as a child or elderly parent
  • Medical expenses such as private physiotherapy or counselling
  • Travel expenses such as to and from doctors or solicitor appointments

However, it’s important to be aware that not every claim will include special damages. Also, they may be different for each claim. For that reason, they are calculated separately to general damages.

If you are claiming compensation for monetary losses, you should ensure you have evidence. For example, receipts, pay slips or invoices.

Could I Make A No Win No Fee Claim?

In order to seek compensation, your claim must be valid and you must be able to demonstrate negligence. For negligence to be proven, your claim must meet three requirements:

  • Someone owed you a duty of care such as an employer, other road user or occupier of a public place
  • They breached the duty of care they owed you
  • As a result, you suffered either physical or psychological harm

If your claim meets these three criteria, then you could seek legal representation under a No Win No Fee agreement or CFA.

This means you can avoid upfront costs and costs that may incur while your claim is ongoing. Furthermore, if your solicitor is unsuccessful with your claim, you won’t pay solicitor fees.

However, if your claim is successful, you’ll pay a legally capped percentage of your total compensation settlement.

All of our solicitors accept cases on a No Win No Fee basis. So, if you’d like to discuss the possibility of claiming with us, get in touch with an advisor on the number above. Additionally, they can provide further details on the question: what percentage do solicitors take?

How Our Solicitors Could Help You Claim

Our experienced solicitors at Legal Expert can help you claim compensation by putting their professional and specialist skills into practice to build your claim. 

With many years of experience, our solicitors have won our clients over £80 million of compensation. Therefore, it is evident that they are passionate, hardworking and professional.

Our solicitors can help you claim compensation by:

  • Supporting you through each stage of the claims process
  • Explaining key terminology and legal documentation 
  • Helping you obtain evidence and build your claim
  • Answering any questions such as, ‘ What percentage do solicitors take?’
  • Explaining how your compensation is calculated 
  • Negotiating settlements with third parties on your behalf 

Depending on the nature of your personal injury claim, our solicitors can also set you up with specialist appointments to support your claim and recovery, such as:

  • Specialist medical appointments 
  • Rehabilitation 
  • Therapy and counselling 

Our solicitors goal is to ensure you are awarded compensation for your suffering so that you can begin to move on with your life. Therefore, they will work to the best of their ability to ensure you gain this outcome. 

You can contact our helpful advisors anytime to learn more about how our solicitors can help you claim and why they are the best fit for you. You can also take this opportunity to ask, ‘What percentage do solicitors take for No Win No Fee claims?’

Contact Our Team

Although we have aimed to cover valuable information in our guide, we understand if you require further clarification. For that reason, our expert team of advisors are available 24/7 to help with any questions you may have.

Additionally, if you’re ready to put forward your claim, they can assess the validity of your case. If they feel it has a chance of succeeding, they can appoint one of our solicitors to represent you. A solicitor can then advise you on the next stages of your claim.

No matter whether you want to get started with your claim or have more questions, get in touch with our team using the details below:

  • Telephone — 0800 073 8804
  • Please send us your enquiry, and an advisor will contact you
  • Get instant advice using the chat feature below

Essential References

For more information on compensation following an accident, see the government guide.

The NHS can help with any medical advice you may need.

The Royal Society for the Prevention of Accidents has useful information on the prevention of accidents.

If you suffered a whiplash injury, see our guide for more information. It may provide details of the process of claiming compensation with regards to the new Whiplash Reform Programme 2021.

Did you sustain an injury in an accident at work? If so, our guide could help you understand your rights.

See our guide for more information on making a supermarket accident claim for an injury sustained while shopping.

Thank you for reading our guide exploring the question: what percentage do solicitors take in No Win No Fee agreements. We hope you found it informative.

Guide by Mitchell

Edited by Billing

How To Claim For Tennis Elbow After A Car Accident

Last Updated 12th March 2025. If you’ve experienced golfer’s elbow or tennis elbow from a car accident that wasn’t your fault, you may be able to claim compensation. Injuries like this can result in you needing tennis elbow surgery, potentially leaving you unable to work while recovering. Therefore, based on the severity of the injury, you could receive thousands of pounds in compensation after suffering a tennis elbow from a car accident.

Our advisors offer free legal advice and are available 24/7 so, if you have any questions about the claims process or want to know if you’re eligible to claim, please contact us using the details below.

To learn more about making personal injury claims for injuries, such as suffering tennis elbow after a car accident, please read on.

A bent arm on a bright blue background

Select A Section

  1. What Is Tennis Elbow?
  2. Why Do Car Accidents Cause Tennis Elbow?
  3. Tennis Elbow Symptoms
  4. Calculating Compensation For Tennis Elbow From A Car Accident
  5. What Evidence Will Support My Tennis Elbow Claim?
  6. No Win No Fee Claims For Tennis Elbow From A Car Accident
  7. Claims Related To Tennis Elbow After A Car Accident

What Is Tennis Elbow?

Your three arm bones are your humerus, ulna and radius. Given our reliance on lifting and moving using our arms, a tendon, such as your bicep, tricep or the muscle, extensor carpi radialis brevis, can be injured. The extensor carpi radialis brevis is particularly significant, as, if you’re suffering from a tennis elbow, this has likely been injured.

Tennis elbow is a condition that causes pain and discomfort around the outside of your elbow. It can usually be caused by repeated action of the muscle. It can make it difficult to lift and bend your arm due to the pain caused. However, you can also suffer tennis elbow from a car accident due to your arm muscles and tendons becoming strained by the incident.

What Is Golfer’s Elbow?

Golfer’s elbow, referred to medically as medial epicondylitis, could also result in you researching how to use a personal injury lawyer. The nature of the injury is very similar to a tennis elbow. However, the main difference with this elbow injury is that the pain is experienced on the inside part of the elbow, as opposed to the outside.

The pain may occur when you’re using that part of your arm. Therefore, it can make it painful to clench or twist the arm and generally lift or move objects. However, in extreme cases, the pain can be persistent, much like with a tennis elbow.

If you did suffer a permanent elbow injury from a car accident, it could greatly affect the amount of compensation you would receive should your claim be successful. This is because the compensation is based on the extent and severity of your injury. If you’d like more guidance regarding potential compensation amounts, please contact us for free legal advice via our website or call us using the details above.

Why Do Car Accidents Cause Tennis Elbow?

You may be wondering, “How can you suffer tennis elbow from a car accident?” Similar to other elbow injuries that can be caused by a car accident, such as a sprain, dislocation or fracture, it depends on how your arm has been affected by the crash. If your arm has been pulled and stretched or had excessive pressure on it from, for instance, a car door, it could cause you to develop tennis elbow.

Other ways you could suffer tennis elbow from a car accident include:

  • The force of impact jolting your braced arm as you’re crashing.
  • Your elbow striking part of the car during the moment of impact.
  • Your arm becoming strained due to debris falling on it. This could result in your arm being in an awkward position, leading to you making an elbow injury claim.

The Highway Code And Personal Injury Claims

You may be able to claim for this because every road user has a duty of care to one another. Every road user should follow the rules set out in The Highway Code. The Code is designed to make sure road users act responsibly and carefully when conducting themselves to limit accidents.

By defining what is considered careful driving, the Code establishes reckless or careless driving as any road conduct that goes against or breaches these rules. If you’re conducting yourself in a reckless manner while using the road, it could be argued that you’re going against your duty of care.

This means that you have a right to claim if you’ve suffered tennis elbow after a car accident if another road user’s negligence caused the accident and your injuries. You can also claim for other arm injuries, such as a broken arm. To learn more about this, please contact our advisors. They offer free legal advice and are available 24/7 by using the phone number at the top of this page.

Tennis Elbow Symptoms

NHS guidance clarifies the nature of tennis elbow symptoms. They include:

  • Pain and tenderness on the outside of your elbow.
  • Pain in your forearm
  • Potentially, you could also suffer from pain in the back of your hand.

The intensity of the injury can vary. You may only experience mild pain while using your elbow. However, you could also suffer intense pain while your elbow isn’t being used. This is the more debilitating version of the injury, as it could leave you in constant pain. This is one of the reasons you may be looking to gain compensation after suffering a tennis elbow from a car accident.

You may also be in the process of developing tennis elbow when you experience a car accident. This could cause you to develop a particularly severe case of it upon the accident occurring. Warning signs include:

  • Tenderness on the outside part of your elbow
  • Elbow stiffness occurring in the morning, causing persistent aching.
  • Your forearm muscles becoming sore.

The condition can progress gradually. Therefore, over time, what began as a mild nuisance could develop into absolute agony. With that in mind, it’s important to note that you would only be able to claim for the injury if it was caused or exacerbated by the accident that someone else caused.

Calculating Compensation For Tennis Elbow From A Car Accident

There are two potential heads of claim when making a personal injury claim.

  • General damages relate to the physical and psychological harm caused by the injury, as well as its impact on your quality of life.
  • Special damages relate to the financial losses caused by the injury, which you may be able to claim back with sufficient evidence.

The amount of compensation you could receive depends on how much you’re able to claim. Just because you receive general damages compensation upon your claim being successful doesn’t necessarily mean you’ll receive special damages compensation. This is because they are independently calculated based on the evidence provided.

The Judicial College analyses previous general damages payouts, comparing them to the severity and nature of the injury. As such, they’ve been able to create reliable compensation brackets that can help you understand the amount of compensation you could receive. We use this information so we can provide you with the most up-to-date compensation estimate.

Below is a list of injuries and their respective compensation brackets. The Judicial College has provided these figures. Please note that the first entry is not from the JCG, and that this table uses tariffs from the Whiplash Injury Regulations 2021.

Type of InjuryGuideline Amount of Compensation
Multiple severe injuries and special damages, like lost earningsUp to £100,000+
Elbow - severely disabling£47,810 to £66,920
Elbow - less severe£19,100 to £39,070
Elbow - moderate or minor (iii)Up to £15,370
Elbow -moderate or minor (ii)£6,700 to £7,930
Elbow - moderate or minor (i)£4,310
Arm - Simple forearm fracture£8,060 to £23,430
1+ Whiplash Injury & 1+ Psychological Injury£4,345
1+ Whiplash Injury£4,215

To prove general damages, you’d attend a medical assessment as part of the claims process. An independent medical professional would assess your injuries and create a report. The purpose of this is to:

  1. Prove that your injuries were caused or worsened by the accident.
  2. Assess the severity of your injuries.

Your solicitor can use the report to help them value your injuries.

You can also claim in other instances. We can also help if you’ve suffered a back injury from a car accident or if you want to claim for a family car accident.

If you’d like a free, accurate estimate of what you could claim, why not reach out?

Calculating Special Damages 

Special damages are more about claiming for financial losses you’ve suffered because of the injury. Things you may be able to claim include:

  • Loss of earnings
  • Loss of future earnings
  • Travel costs
  • Medicine/prescriptions
  • Recreational activities that you can no longer attend due to the injury (lost deposits, for example)

Please remember that your personal injury solicitor or lawyer will request evidence to validate the financial losses. In this regard, the evidence could include receipts, invoices or bank statements. If you’re unable to provide evidence, it may mean that you’ll be unable to successfully claim for the financial losses caused by tennis elbow from a car accident.

If you have any questions or queries regarding what you can or can’t claim, please call us to speak to one of our experienced, helpful advisors. They offer free legal advice, are available 24/7 and can be reached using the phone number at the top of this page.

What Evidence Will Support My Tennis Elbow Claim?

If you have suffered a tennis elbow injury in a car accident that was not your fault, you may be eligible to start a claim for tennis elbow. However, for this claim to be successful, you must be able to prove that another road user was responsible for your injuries. 

Proving third-party liability is one of the most important and difficult stages of the claims process. Therefore, it is important to find as much evidence as you can to ensure this stage runs smoothly. However, our experienced solicitors are here to support you.

Some examples of evidence that may support your claim include:

  • CCTV or dashcam footage of your accident 
  • Copies of medical reports 
  • Copies of medical scans, x-rays or prescriptions 
  • Photographs of your injuries and the scene of the accident 
  • Witness contact details 
  • Third-party insurance details, if collected at the scene 
  • Copies of police or fire brigade reports if they attended the accident
  • Copies of bills or paychecks that show any financial losses your injuries resulted in

If you are still suffering from your tennis elbow injury, our solicitors understand that it may be difficult for you to collect all the necessary evidence to support your claim. Therefore, they may use their specialist skills to help you obtain evidence. Once it has been collected, they may then begin to review it and build the foundations of your claim. 

If you have any questions about evidence for a tennis elbow injury claim or if you would like to know more about tennis elbow compensation payouts, please contact our friendly advisors today.

No Win No Fee Claims For Tennis Elbow From A Car Accident

So, why should you make your claim on a No Win No Fee basis if you suffered tennis elbow from a car accident? There are a number of reasons why. While it isn’t mandatory, we always recommend making your claim with the help of a legal expert.

For example, a solicitor can help you better understand the ins and outs of how to claim for tennis elbow, and they can also help you support and strengthen your case with evidence.

Our solicitors can do all of this and more on a No Win No Fee basis by offering their services through a Conditional Fee Agreement (CFA). This is a kind of No Win No Fee arrangement that lets you access their expert services without having to pay anything upfront or as the claim goes on.

In fact, under this kind of arrangement, you only have to pay a success fee if you successfully claim tennis elbow compensation payouts. This is taken straight from your compensation as a small percentage, though this percentage is limited by law.

Contact Us

If you are ready to start your claim for tennis elbow after a car accident, contact our team today. They can provide a free evaluation, during this they may be able to tell you if you have a valid claim, and could potentially connect you with one of our expert road traffic accident solicitors. Get started by:

Claims Related To Tennis Elbow After A Car Accident 

For more useful information, use the links below.

To discover more about what could cause tennis elbow, read this guidance from the NHS.

To see if you can claim for a tennis elbow injury from work, read this article on our website.

Suffered from below the elbow arm amputation? To see if you can claim, read this guide about amputation claims.

Read more about claiming for a forearm fracture.

To learn more about how to claim for a tennis elbow from a car accident, call us using the contact details at the top of the page.

Written by Durdy

Edited by Victorine

How The Bolam Test Affects Medical Negligence Claims

By Lewis Cobain. Last updated 30th April 2025. In this guide, we’ll explore the Bolam test case that’s often used in medical negligence claims today. In cases where a patient suffered further or avoidable harm under the care of a medical professional, this test can be used to ascertain whether the care provided was of an appropriate standard.

How The Bolam Test Case Could Affect A Medical Negligence Claim

Medical negligence is where a healthcare provider has administered a level of care that is below the standard expected of the profession. If you’ve been caused avoidable harm or a worsening of your condition as the result of medical negligence, you may be able to claim. The Bolam test can be used by courts to determine whether or not a healthcare professional was in breach of their duty of care.

In this guide, we will look in greater detail at the duty of care owed by healthcare providers and how this can be breached. Despite this, we expect you may have questions after you’ve finished reading this guide.

If this is the case, you can call our team. They can provide further clarification on anything you may be unsure of. Please get in touch on the details below:

  • Call us on 0800 073 8804
  • Chat with an advisor through the live chat box below
  • An advisor can contact you at your chosen time; just fill out the contact us form

Medical professionals having a conversation about a Bolam test case.

Select A Section

  1. What Is The Bolam Test Case?
  2. Medical Practitioners Duty Of Care
  3. How Does The Bolam Test Case Apply To Instances Of Negligence?
  4. Is The Bolam Test Always Applicable?
  5. The Limits Of Informed Consent
  6. Errors In Diagnosing A Condition
  7. Calculate Compensation For A Breach Of Medical Duty Of Care
  8. Special Damages
  9. Claiming For Medical Negligence With A No Win No Fee Solicitor

What Is The Bolam Test Case?

In medical negligence claims, the Bolam test is where a panel of medical professionals present their opinion on whether one of their peers acted within the standard of their profession. The panel is made up of healthcare providers who are trained in a similar field and who have knowledge on the appropriate standard of care required.

Within the Bolam test, the correct standard of care is a matter of medical judgement. For that reason, medical professionals within a similar field to the defendant doctor or healthcare professional will be called upon.

They look at a case and confirm whether the level of care administered was of an acceptable standard. If they find that the defendant doctor provided the right level of care, then no negligence will be said to have occurred.

Bolam v Friern Hospital Management Committee [1957]

The Bolam v Friern Hospital Management Committee [1957] WLR 582 is a case between a patient and mental health facility. The patient voluntarily underwent electro-conclusive therapy (ECT). However, before the therapy, the doctor didn’t give him muscle relaxants to prevent muscle contractions or spasms, despite knowing that these can occur as a result of ECT and have a risk of causing fractures.

The patient suffered serious injuries, including a fractured hip joint, for which he claimed compensation. He claimed negligence for not being:

  • Given the muscle relaxant
  • Given any restraints
  • Informed of the risks

However, the decision was in favour of the hospital, as the Court found the doctor had followed normal practice. The normal practice did not involve giving patients muscle relaxants or providing restraints. Therefore, the Court held that he provided the correct standard of care in relation to that form of treatment.

Medical Practitioners Duty Of Care

Every healthcare professional owes their patients the correct standard of care. They should also be open and honest when dealing with patients regarding their treatments. The following sections will look at these responsibilities in more detail.

What Is A Duty Of Care?

In accordance with the General Medical Council (GMC), doctors are required to provide the correct standard of care to all of their patients. This includes things like:

  • Making their patient’s care their first concern
  • Being competent and keeping their professional knowledge and skills up to date
  • Taking prompt action if the safety of their patient is compromised
  • Being open, honest and acting with integrity

Failing to do so could result in a patient suffering avoidable harm through negligence.

What Is A Duty Of Candour?

In addition to providing the correct standard of care, medical professionals should act with candour when dealing with their patients. According to the GMC, this includes:

  • Being open and honest with patients when something goes wrong with the treatment
  • Apologising to the patient or person advocating for the patient
  • Offering an appropriate solution to correct things
  • Fully explaining the short and long term effects of the situation

If you would like to know more about the responsibilities that a healthcare provider owes to you, why not speak to a member of our team today? One of our advisors could offer you a free, no-obligation valuation of your claim.

How Does The Bolam Test Case Apply To Instances Of Negligence?

When there is a need for the Bolam Test in medical negligence claims, its aim is to highlight where negligent care occurred. For example:

  • If a GP missed a fracture because they did not listen to a patient explain how much it hurt and did not refer them for an X-ray, a panel may find that their care fell short of the expected standard.
  • A panel of pharmacy experts may deem a pharmacy technician’s care as substandard if dispensing errors were caused by not paying attention and mixing up the labels on medication.
  • If unnecessary surgery was the result of a surgeon attempting a risky procedure without getting consent or discussing the risks with the patient, the Bolam Test may conclude that they fell short of the expected professional standards.

The test can be called for when it is judged that an expert opinion from within the medical profession would be relevant and useful. It is equally possible to see a request for a Bolam Test in NHS or private practice cases.

However, it is not always required in medical negligence claims. You can learn more about how and when the Bolam Test is applied by calling our advisors for guidance.

Is The Bolam Test Always Applicable?

The Bolam test was used in the case of Sidaway v Board of Governors of Bethlem Royal Hospital (1985). This case involved a woman who was offered surgery for back and neck pain. However, the doctor didn’t inform her of the 1-2% risk of paralysis that the procedure carried.

She underwent the procedure and suffered paralysis. This led to her making a claim on the grounds that, had the doctor told her the risks, she wouldn’t have consented to the surgery. However, the judge ruled in favour of the doctor after applying the Bolam test.

It provided expert evidence from a responsible body of neurosurgeons that not disclosing risks with a percentage this low was normal practice.

An argument was made for informed consent but was rejected on the basis that the Bolam test should always be applied when considering whether a doctor was negligent. The judge ruled that medical negligence should be decided based on expert medical evidence from a panel of medical professionals in the same field.

In the next section, we will look in greater detail at the role played by informed consent in medical negligence cases that use the Bolam test.

The Limits Of Informed Consent

The Human Rights Act 1998 gave individuals in the UK recognised autonomy over their own bodies. Informed consent says that a person must be given all of the information about what their treatment involves. This includes:

  • Benefits or risks
  • Alternatives to the treatment suggested
  • What will happen if they opt to have the treatment

However, it has been argued that there are limits to informed consent. For instance:

  • It can be difficult to explain all the risks to patients in a way they will understand
  • A patient may not understand the extent of their condition or treatment suggested to them

It can be argued that patients can’t fully consent to something if they don’t have a full understanding. Because of the existence of factors like those listed above, it may be difficult for healthcare providers to obtain informed consent from their patients in all circumstances.

Errors In Diagnosing A Condition

There have been a few cases involving misdiagnosis or delayed diagnosis where the Bolam test has been found to have limitations. In particular, the Muller v King’s College Hospital NHS Trust [2017] QB 987 case.

This involved a histopathologist who failed to diagnose a malignant melanoma. Eventually, the correct diagnosis was given but the delay meant cancer had spread and the patient needed more extensive treatment.

The NHS Trust used the Bolam test argument to show that the misdiagnosis wasn’t through negligence. They stated that any histopathologist acting with reasonable care and skill could have made the same mistake.

However, Muller argued against the use of the Bolam test in this particular circumstance. They argued that in cases of “pure” diagnosis, there is limited scope for a difference in opinion. For instance, when a scan is performed to diagnose the condition, the interpretation of the results are either right or wrong.

In “treatment” diagnosis, however, a doctor might recommend a certain course of treatment or further diagnostic test, and a range of these may be considered reasonable.

In the end, the judge used the Bolam test but considered the limitations when looking at negligence in cases involving pure diagnosis.

Calculate Compensation For A Breach Of Medical Duty Of Care

When putting forward a claim for medical negligence, either against the NHS or a private practitioner, you’re entitled to claim compensation for your physical and emotional suffering. This can be claimed under general damages. The extent of your injuries will be considered, including how severe they are and how badly they have impacted your quality of life.

The table below looks at some of the different injuries you could have suffered due to medical negligence and how much you could claim for them. The figures have been taken from the Judicial College Guidelines (JCG), which is a document that can be used by legal professionals to help value claims. This excludes the top row. That figure is not from the JCG but included to show you how compensation could be awarded for multiple illnesses and injuries plus incurred costs.

Harm sufferedAdditional detailsCompensation award
Multiple Forms of Serious Harm Plus Financial LossSevereUp to £1,000,000+
Brain DamageVery Severe£344,150 to £493,000
KidneyBoth kidneys lost or permanently damaged£206,730 to £256,780
One kidney lost£37,550 to £54,760
BowelDouble incontinenceUp to £224,790
Female reproductive systemInfertility with sexual dysfunction£140,21 to £207,260
Male reproductive systemTotal loss of reproductive organsIn excess of £187,790
Lung DiseaseLung cancer£85,460 to £118,790
BladderSerious impairment of control£78,080 to £97,540
HerniaContinuing pain after repair£18,180 to £29,490

As part of your claim, you will usually be invited to an independent medical assessment. Here, a medical expert will assess your injuries. They’ll then provide a medical report that details the extent of the harm you’ve suffered, which will be used to help value your claim.

For more information on how your claim may be calculated, get in touch with our team using the number at the top of the page.

Special Damages

We understand that when you’ve suffered injury or a worsening of your condition, it can impact your ability to work or take care of yourself. It may also mean that you incur costs that you would not have done if you hadn’t been injured or made ill. For this reason, you’re entitled to claim compensation for these additional costs incurred. The part of your settlement that covers these costs is called special damages.

Special damages might include the following:

  • Loss of earnings
  • Cost of care for yourself or for someone else dependant on you
  • Travel expenses
  • Additional medical care such as physiotherapy or counselling

However, you will need evidence in support of your claim for special damages such as:

  • Receipts for care costs or additional medical care
  • Payslips for loss of earnings
  • Invoices for any services you’ve required

If you aren’t able to provide evidence of the costs you have incurred, you may find it difficult to claim back the full amount of the special damages you’re owed.

Claiming For Medical Negligence With A No Win No Fee Solicitor

Now that you have read some key facts on Bolam test medical negligence, you may be wondering what legal fees could apply when working with our solicitors. We understand that complicated fees can cause concerns for people seeking legal representation. This is why our lawyers operate on a No Win No Fee basis.

This means that, through a Conditional Fee Agreement (CFA), there is no requirement to pay for your solicitor’s work:

  • Before your medical negligence claim begins
  • While the claim is underway
  • If your claim is unsuccessful

However, if your claim is recognised and you receive a compensation award, you will need to pay a success fee. This is a percentage of the compensation that you pay to your solicitor. There is a legally binding cap in place to ensure that you keep the majority of the award.

If eligible, you could also benefit from the following services offered by our experienced solicitors:

  • Contacting specialists who could assist with your recovery, such as an expert physiotherapist
  • Helping you to gather the evidence that would strengthen your claim
  • Arguing for your compensation to cover both the financial and physical suffering that you have endured
  • Handling communication with the defendant on your behalf

Please contact our advisors to assess your eligibility to start a medical negligence claim with Legal Expert. They can also answer questions you may have about how a Bolam test case works.

Speak To An Expert

We understand that we have covered a lot of information so if you have any questions, please don’t hesitate to get in touch with our team.

They are available 24/7 to either answer your questions or determine whether the claim you hold is valid. So, why not contact us on any of the following:

  • Call us on 0800 073 8804
  • Chat with an advisor through the live chat box below
  • An advisor can contact you at your chosen time, just fill out the contact us form

Useful Resources

See our guide for information on claiming compensation for a birth injury.

For further details on how to claim compensation, see our guide.

See the General Medical Council for more information on their involvement in doctors duty of care.

Visit NHS Resolution to see the role they play in claims made against the NHS.

See the NHS website for guidance on raising a complaint.

We hope you found our guide exploring the Bolam test case in relation to medical negligence claims useful. Thank you for taking the time to read.

A Guide To Human Error Data Breach Claims

By Danielle Jordan. Last Updated 30th June 2025. A human error data breach is a common form of privacy violation. Simple errors like sending an email to the wrong person could create myriad problems, from identity theft to the disclosure of sensitive information. In this guide, we’ll discuss what human error is in data loss. We’ll also explain how and when you may be able to make human error data breach claims.

To speak to our advisers about anything discussed in this guide, you can call us on 0800 073 8804.

Or you can contact us online using our claim form or our live chat service. If you wish to read about human error data breach examples before contacting us, please continue reading.

A button that reads 'data breaches and reporting' being pushed

Select A Section

  1. What Is A Human Error Data Breach?
  2. Can I Claim For A Human Error Data Breach?
  3. Human Error Data Breach Examples
  4. How Do You Prevent Human Error Data Breaches?
  5. What Kind Of Damage Can A Data Breach Cause?
  6. Compensation Payouts In Human Error Data Breach Claims
  7. Why hire A Data Breach Solicitor?
  8. No Win No Fee Human Error Data Breach Claims
  9. Get In Touch With Our Data Breach Solicitors

What Is A Human Error Data Breach?

Human error data breach claims might be possible when a mistake leads to personal data being accessed, lost, destroyed, disclosed or changed by an unauthorised party. If the data breach causes a data subject to lose money or suffer from psychological injuries, then a claim for damages might be successful.

The types of psychological suffering that could be covered by a data breach compensation claim include stress, embarrassment, anxiety or depression.

Similarly, the claim might be possible if hackers managed to access a database of personal data because IT staff forgot to update the security firewall.

Deciding whether you have the grounds to file a claim is something we can help with. Therefore, why not call today to have your case reviewed for free?

Can I Claim For A Human Error Data Breach?

To claim for a data breach due to human error, your case needs to meet the following criteria:

  • The breach was caused by wrongful conduct.
  • The breach affected your personal data.
  • You suffered mentally or financially as a result.

Wrongful conduct occurs when companies and organisations fail to comply with the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).

An example of wrongful conduct in terms of human error could be if your personal data was sent to the wrong address because an employee at a doctor’s surgery wrote the address incorrectly on the envelope despite having your correct address on file. 

Another example could be your manager sending a fax to a coworker by putting in the wrong fax number. If the fax contains your personal data, this would be considered as a breach. 

Personal data is any kind of information that can be used to identify you. For example, this can range from your name to your bank account information. If the confidentiality, integrity, or availability of this information is compromised, this is known as a personal data breach. 

A human error data breach can cause significant emotional distress, but it can also cause financial losses. To learn more about making a claim for a personal data breach, get in touch with our team of experts.

Human Error Data Breach Examples

In this section, we’re going to look at some mistakes that could lead to a human error data breach claim. If your scenario isn’t listed, don’t worry, we could still help you to claim.

Skills-based data breaches

These are mistakes where somebody knows what they should do to meet their UK GDPR obligations but where a momentary lapse of concentration, a mistake or negligence means they fail to do so. Some accidental data breach examples involving such errors include:

  • Where a computer screen is left unlocked and allows an unauthorised party to view personal data records.
  • If a laptop or memory stick that contains unencrypted personal data is lost.
  • Where a letter containing personal information is put into the wrong envelope and ends up at the wrong address.

Physical security errors

There are many different types of data breaches involving personal information held physically (on paper records, for example). They could lead to human error data breach claims. Some accidental data breach examples that involve physical security errors include the following:

  • Where a manager writes down a member of staff’s address and phone number on a piece of paper and leaves it on the desk where others can see it though they don’t have a lawful reason to.
  • If a computer screen is in full display of a public waiting area meaning they can read personal records though they don’t have a lawful basis to.
  • Where a patient’s medical records are left on the counter in a GP surgery and another patient picks them up and reads them.

Other Factors That May Cause A Human Error Data Breach

While we can’t tell you all of the scenarios that could result in human error data breach claims, there are numerous factors that could contribute to them occurring. They include:

  • It is only possible for a human to make a mistake if the opportunity exists to let them. For example, if a customer database has the facility to copy all entries, a member of staff could accidentally send those entries by mistake. If you remove that functionality, such a mistake would not be possible.
  • Business premises should be designed to try and reduce the risk of data breaches from occurring. For example, an estate agent shouldn’t have their computer screen facing the shop window if it means members of the public can view personal information.
  • Lack of awareness can lead to examples of a human error data breach as well. If somebody doesn’t properly understand the potential consequences of their actions, human error data breaches could be more likely. For instance, if someone is unaware of the risks associated with links in phishing emails, they might be more likely to click on them.

How Do You Prevent Human Error Data Breaches?

Rather than organisations acting retroactively to personal data breaches, it is much better to implement measures to help prevent data breaches. But how can this be done?

Well, it can be helped by:

  • Ensuring staff only have access to the systems they need to use. Good privilege management can help reduce unauthorised access.
  • Providing adequate training to staff so that they have the skills to reduce decision-based mistakes.
  • Encouraging staff to be open about any data protection concerns they have. Also having an open-door culture within a business to allow staff to speak to senior management easily.

By implementing some of these measures, the risk of a breach could be reduced.

What Kind Of Damage Can A Data Breach Cause?

The process of claiming for a data breach can be tricky. That’s because you are only allowed to claim once. As a result, you must consider any future suffering as part of your claim as well as any that has already happened. Claims for data breach compensation will usually be separated into two different elements:

  1. Material damage. This element concentrates on any financial losses, costs or expenses you’ve incurred due to the data breach.
  2. Non-material damage. This element of a data breach compensation claim looks at any suffering caused by psychological injuries caused by the data breach.

For material damages, you’d calculate any money that has already been lost because of the data breach. For example, you might claim for any money stolen from you because human error allowed a criminal to use your data for identity theft.

Similarly, if you have been made ill by stress, embarrassment or depression following the breach, you could claim for non-material damages.

What’s important though is to look at if you’ll continue to suffer in the future. To help with this, you’ll need to have a medical assessment during the claims process. It will be conducted by an independent specialist. Don’t worry about travelling too far for your appointment as our data breach solicitors can usually book them locally.

During your meeting, the specialist will review medical records and ask a series of questions. Afterwards, they’ll write a report that details how much you’ve suffered and they will offer a prognosis for the future too.

If you would like to know what damages you could claim for a data breach caused by human error, please call today.

Compensation Payouts In Human Error Data Breach Claims

As stated above, data protection breach compensation for a successful claim could cover both material and non-material damage. Additionally, due to the Court of Appeal ruling in the Vidal-Hall and others V. Google Inc (2015) case, you can claim for any psychological suffering, such as anxiety caused by the data breach, without also claiming for material damage. Prior to this case, if you wanted to claim for psychological suffering, you needed to demonstrate that you suffered financially.

If you would like to know more about how data breach compensation could be calculated, we’ve provided a table below. Under the UK GDPR, a claim for non-material damage will be valued using the Judicial College Guidelines (JCG). This is due to the Gulati and Others V MGN Limited (2015) ruling, which stated that non-material damage in a claim of this nature can be valued in the same way as psychological harm in a personal injury claim. The JCG is a document legal professionals use to help them assign value to injuries, including psychological. However, every claim is different, so we can only provide the figures for guidance. Please also note that the first entry has not come from the JCG.

Claim TypeSeveritySettlement Range
Sever Psychological Harm + Special DamagesSevereUp to £500,000+
General Psychiatric DamageSevere£66,920 - £141,240
Moderately Severe£23,270 - £66,920
Moderate£7,150 - £23,270
Less severe£1,880 - £7,150
Post-Traumatic Stress DisorderSevere£73,050 - £122,850
Moderately Severe£28,250 - £73,050
Moderate£9,980 - £28,250
Less Severe£4,820 - £9,980

Call our advisors for a free claim assessment and valuation. If they think your claim stands a reasonable chance of success, you could be put in touch with our data breach solicitors.

No Win No Fee Human Error Data Breach Claims

One of the reasons claims don’t get made is because people worry about losing money on solicitor fees. We completely understand that and so our solicitors offer No Win No Fee services for any claim they take on.

When you get in touch, your claim will be assessed to see if a solicitor can represent you. If they agree, you’ll be sent a Conditional Fee Agreement (CFA). This is a formal term for a contract that works on the basis of No Win No Fee. It will show you what your solicitor must achieve before they are paid for the work completed on your case.

Instead of you sending funds to cover the solicitor’s work, they will deduct a success fee from any compensation paid. This is a fixed percentage of the settlement that’s listed within the CFA. By law, the success fee is capped so that you can’t be overcharged.

How Long Do I Have To Make A Data Breach Claim?

If you are thinking of claiming, you should check how long you have to claim. That’s because depending on the type of organisation you’re claiming against, you’ll have anywhere between 1 and 6-years to take action. Therefore, starting the claims process as soon as you can might be imperative.

After you have finished this guide, why not call our advisors if you wish to discuss your options or check how long you have to claim? Remember, we could connect you with an expert No Win No Fee solicitor to help if your data breach case is strong enough.

To check your eligibility to use our No Win No Fee service, please contact one of our advisors today.

Why Hire A Data Breach Solicitor?

Our solicitors work to make human error data breach claims much easier for our claimants. If you find that you are eligible to make a claim, you may consider proceeding without legal representation. However, it is likely that you have already experienced a lot of stress due to the breach. So, why not make use of the skills and services our solicitors offer to simplify the process? These include:

  • Helping you to prove your case- this could include taking witness statements and organising an independent medical assessment.
  • Explaining complicated legal concepts and terms to help with your understanding of the process
  • Ensuring that you begin your claim within the legal time limit
  • Communicating with the defending party on your behalf
  • Providing you with detailed and regular updates on the state of your case

Making a claim for human error data breach compensation can seem daunting. But when working with Legal Expert, one of our solicitors will support you throughout the entire process of the claim. Our team take a client-centred approach to law, using their decades of combined experience to handle data breach claims efficiently.  You can enquire today to find out if you are eligible to proceed.

Get Free Advice From Our Data Breach Solicitors

Hopefully, this article about data breaches caused by human error has proven useful. If you’re now in the position where you’d like to talk to us, you can:

  • Call our advisors for free legal advice on 0800 073 8804.
  • Ask us to explain your options in live chat.
  • Use our online enquiry form to ask us to call you when it’s convenient.

We are here to take your call 24 hours a day, 7 days a week. Not only will our advisors review your claim, but they’ll also provide free legal advice about your options too.

Learn More About Data Breach Compensation Claims

In this section, we’ve added some additional guides and resources to supplement this guide about human error data breach claims.

Dealing With Anxiety – NHS guidance on how to spot the signs of anxiety and methods that can help to control it.

Data Protection Complaints – Government advice on how to complain about data protection errors.

University Data Breach – This article studies claiming for a university data breach.

Data Breaches At A Bank – Useful information on how to claim if your bank has exposed your personal data.

Nursery Data Breach – This guide shows when you could claim if a human error leads to a data breach at a nursery.

Other Useful Compensation Guides

If you still have any questions about human error data breach claims, then you are welcome to get in touch with Legal Expert for help. You can reach us using our live chat or the other contact details included in this guide.

Compensation Tables And Payouts For Personal Injury Claims

Last Updated 9th April 2025. If you’re looking for a list of compensation payouts, you’re in the right place. Below, you can find guidance on how to use compensation tables for personal injury claims. The tables can be useful in giving you an idea of the types of injuries you could sustain in different accidents and how much each injury could be worth.

However, you should be aware that there are many factors that can affect the compensation settlement you receive. We’ll look into the various factors further throughout our guide.

A personal injury claim can be made if you’ve suffered harm in an accident resulting from someone breaching the duty of care they owed you. If you’re unsure whether someone acted negligently, you can speak to a member of our personal injury claims team.

An expert advisor can assess your claim to see if it has favourable grounds. If it has, they can provide further information on the steps you could take to seek compensation. This can include the evidence you may need to obtain and the options you have regarding legal representation. They can also connect you with our solicitors.

For more information, use the following details to get in touch:

  • Telephone us on 0800 073 8804.
  • Send your enquiry to an advisor using our contact us form and they can get back to you at a more convenient time.
  • Get instant advice using the live chat feature at the bottom of the page.

You can also watch our video which explains more about our lists of compensation payouts:

Select A Section

  1. Can You Claim Personal Injury Compensation?
  2. Does Evidence Impact My Compensation Payout?
  3. How Long Do I Have To Claim Compensation?
  4. What Factors Influence Compensation Payouts?
  5. How To Use Compensation Tables For Personal Injury Claims
  6. Compensation Payouts For Car Accident Claims
  7. A List Of Compensation Payouts For Brain And Head Injury Claims
  8. Soft Tissue Injury Compensation Payouts
  9. Back Injury Compensation Payouts
  10. Get Help Claiming Personal Injury Compensation From Our No Win No Fee Solicitors

Can You Claim Personal Injury Compensation?

Negligence occurs when you suffer an injury due to a relevant third party breaching their duty of care. Being able to prove negligence is a crucial element in a personal injury claim. Payouts could be denied for injured parties who cannot prove this.

At work, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). Per this duty of care, employers must take all reasonably practicable steps to ensure the health, safety and welfare of their employees whilst there are working. For example, if you trip over a wire at work due to your employer not tidying them away or securing them down, you could be eligible to make a personal injury claim.

Road users’ duty of care is set by the Road Traffic Act 1988. They need to navigate the roads in a way that prevents injury and damage to themselves and others. Additionally, they are expected to adhere to the rules and regulations in the Highway Code. For example, if another driver fails to follow the traffic signals and you suffer injuries in a collision, you could be entitled to compensation.

In public spaces, the controller of a space owes you a duty of care under the Occupiers’ Liability Act 1957. They must take steps to ensure your reasonable safety while you are using that space. For example, if you trip over uneven pavement that the local council was aware of and failed to fix within a timely manner, you might be able to claim.

Please get in touch with our advisors to discuss injury compensation amounts and to see if you could be eligible to make a claim.

A person using a calculator to value various types of injuries in a claim.

Does Evidence Impact My Compensation Payout?

Evidence is crucial to successfully receiving payouts for personal injuries. As such, when seeking personal injury compensation, it’s useful to keep records of your injury and treatment plan. Other top tips for proving personal injury claims include gathering other evidence such as:

  • CCTV footage of the incident. If this footage is available, you can request this in certain instances. If you’re involved in a car accident, dashcam footage can also be useful.
  • Medical reports of your injury. When seeking personal injury compensation, a solicitor will arrange for you to have your injuries assessed by a medical professional. This can highlight the extent of your injuries. Our solicitors can organise for this to be arranged as close to you as possible.
  • Statements from witnesses. If you ask for the contact details of any witnesses after an accident, your solicitor can contact them as part of the claims process.
  • Photographic evidence of your injury and the accident site.

If you would like to know more about the claims process or potential payouts for personal injuries, contact our team for free legal advice. We can tell you if you’re eligible to claim and provide you with a compensation estimate. To learn more about this, please refer to the compensation tables for personal injury claims below.

How Long Do I Have To Claim Compensation?

You generally have 3 years from the date you sustained your injuries to begin a personal injury claim. Although this is a requirement of the Limitation Act 1980, there are some exceptions to this rule. For example, the claims time limit may not apply if:

  • The claimant is a minor as they cannot legally start a claim themselves. Therefore, the 3 year time limit will begin on their 18th birthday.
  • The claimant lacks mental capacity and cannot independently start a claim. Therefore, the time limit is indefinitely paused unless they regain mental capacity.

If the time limit is paused on a personal injury claim, a litigation friend may be appointed to start the claim on behalf of the claimant. It is their responsibility to act in the claimant’s best interests and may need to discuss personal injury compensation amounts with the solicitor working on the case. 

Some other litigation friend duties include:

  • Signing legal documents on behalf of the claimant
  • Making key decisions on behalf of the claimant
  • Keeping the claimant informed of claim updates
  • Paying any legal fees on behalf of the claimant
  • Corresponding with the solicitor appointed to the claim

If you have any questions regarding the time limit of your claim or the role of a litigation friend, get in touch with our helpful advisors today. They can also explain how to use compensation tables for a personal injury to help you determine how much may be awarded if the claim is successful.

What Factors Influence Compensation Payouts?

If you have valid grounds to claim, then you may have questions about the value of your claim and how to use compensation tables for personal injury. A payout for a personal injury claim can consist of general damages and special damages.

General damages are included to compensate for the physical and psychological pain caused by the accident. The amount you can receive for general damages can vary depending on the exact injuries you’re claiming for, how severe they are, how much they’ve impacted your day-to-day life, and whether there has been a loss of amenity.

Those who value a personal injury claim for general damages may check a document called the Judicial College Guidelines (JCG). It contains a list of compensation payouts in the UK for various types of injuries for guidance only. Those seeking an injury compensation chart can view some of the entries from the JCG in the various tables featured further on in this guide. They may also consider something known as the Ogden Tables, which are useful in cases involving future losses.

Special Damages

Each of the tables in this personal injury payout guide also includes a figure in the top rows. This figure was not taken from the Guidelines published by the Judicial College. We’ve included it as a way of showing you that you can be compensated for multiple injuries as well as expenses incurred by these injuries.

These expenses and costs are known as special damages. Personal injury claims payouts may compensate for:

  • Loss of earnings.
  • Medical expenses, such as private treatment.
  • Prescription costs, as well as over-the-counter pain relief.
  • Domestic help costs, including expenses related to hiring a cleaner and child minder while you recover.
  • Carer or nursing costs if you need help from a nurse or carer, such as with changing bandages after hospital discharge.
  • Home and vehicle adaptation to cope with your injuries.
  • Any other expenses related to your injury.

In order to have your costs included as part of your settlement, you will need documentation. This can include payslips related to your loss of earnings, invoices for home help and nursing and receipts for items purchased to help cope with your injury.

If you have any questions about special damages, one of our friendly advisors could help. Get in touch today using the details at the top of the page.

How To Use Compensation Tables For Personal Injury Claims

Below, you’ll see a list of estimated compensation values for different injuries. You could claim for one or more of them when you make a compensation claim.

Before you look through them, it is important for us to outline how to use compensation tables for personal injury claims.

The tables in this guide are almost entirely based on JCG figures, with the only exception being the top line of each. This is where we explain what a valuation could look like if you had a successful claim for multiple significant injuries, on top of special damages. The other entries only account for general damages.

That isn’t to say that the table below is a guarantee of a payout or an injury compensation chart that you should follow closely. The JCG (and our table) contain only estimated valuation figures. They are useful guidance, but for an in-depth and personalised review of personal injury compensation, the best thing you could do is contact us for a detailed claim assessment.

Just call the number at the top of your page if you have any questions about personal injury compensation tables or would like a free case review.

Type of InjurySeverityGuideline Amount
Multiple Injuries and ExpensesVery SeriousUp to £1,000,000+
Paralysis Tetraplegia (a)£396,140 to £493,000
Paraplegia (b)£267,340 to £346,890
Brain damageVery severe (a)£344,150 to £493,000
Moderate (c)(i)£183,190 to £267,340
LegAmputations (a)(i)£293,850 to £344,150
Less serious (c)(i)£21,920 to £33,880
FootAmputation of both feet (a)£206,730 to £245,900
Moderate (f)£16,770 to £30,500
HandTotal or effective loss of both hands (a)£171,680 to £245,900
Moderate (h)£6,910 to £16,200
BackSevere (a)(i)£111,150 to £196,450
Moderate (b)(i)£33,880 to £47,320
NeckSevere (a)(i)In the region of £181,020
Moderate (b)(i)£30,500 to £46,970
ArmSevere (a)£117,360 to £159,770
Less severe (c)£23,430 to £47,810
Psychiatric damageSevere (a)£66,920 to £141,240
Moderate (c)£7,150 to £23,270
KneeSevere (a)(i)£85,100 to £117,410
Moderate (b)(i)£18,110 to £31,960

Compensation Payouts For Car Accident Claims

According to the Reported Road Casualties in Great Britain: 2023 Annual Report, there were 132,977 casualties of all severities on Britain’s roads. Additionally, the Department for Transport recorded 72,826 causalities among car occupants (drivers and passengers) involved in the reported accidents in 2023.

The exact cause of each of these accidents is difficult to pin down. However, some common variables of road traffic accidents might include:

  • Weather conditions
  • Road surface conditions
  • Carriageway type
  • Junction control

You would only be able to claim compensation if you weren’t at fault for your injuries. For example, if someone else wasn’t driving with standard care and skill and caused your injuries, you could claim.

Although the nature of injuries caused by car accidents isn’t detailed, we have created a car injury compensation table below. It includes some injuries you could suffer in a car accident. The figures provided come from the JCG, except for the first row and the last two rows. The last two rows were taken from the Whiplash Injury Regulations 2021.

Please only use this table as a guide.

Whiplash Injury Regulations

As seen in the table above, the last two figures are tariff amounts from the Whiplash Injury Regulations. Depending on the circumstances of your car accident, your claim may be made through the Whiplash Reform Programme.

To claim in this manner, you must meet certain criteria, including:

  • You suffered your injuries as a passenger or driver of a motor vehicle.
  • You’re aged 18 or above.
  • The injuries you sustained are valued at £5,000 or less.
  • The accident occurred in either England or Wales.

Whiplash injuries will be valued in accordance with the tariff amounts found in the Whiplash Injury Regulations. If you suffered other injuries, these will be valued based on the Guidelines from the Judicial College.

However, as long as the value of your combined injuries does not exceed £5,000, your claim will be made through the Whiplash Reforms. If your claim exceeds £5,000, it will be made in the traditional manner, but if you suffered whiplash, the tariff amounts will still apply.

If you have any questions about how to use compensation tables for personal injury when claiming for whiplash suffered in a car accident, please call one of our advisors.

A List Of Compensation Payouts For Brain And Head Injury Claims

A brain or head injury could result in severe long-term consequences that mean someone may require full-time care for the remainder of their life. Different accidents could result in this type of injury, such as:

  • An employee falling from a faulty ladder in work
  • Someone tripping over an uneven paving stone that the council failed to maintain

The table below looks at the compensation figures for head or brain injuries outlined in the JCG.

In addition to the general damages listed for injuries in the table, special damages could be included in the claim. For instance, for any ongoing care costs for the injured person. We’ve included a figure in the top row (not from the JCG) to reflect this.

Let’s take a look at a list of compensation payouts for these types of injuries. Please note that the table is for illustrative purposes only.

InjuryNotesGuideline Amount
General and Special DamagesVery SevereUp to £1,000,000+
Brain damageVery Severe£344,150 to £493,000
Brain damageModerately Severe£267,340 to £344,150
Brain damageModerate: (i)£183,190 to £267,340
Brain damageModerate: (ii) £110,720 to £183,190
Brain damageModerate: (iii) £52,550 to £110,720
Brain damageLess Severe£18,700 to £52,550
Brain damageMinor£2,690 to £15,580

Soft Tissue Injury Compensation Payouts

A soft tissue injury might refer to sprains and strains. They usually affect the muscles, tendons and ligaments around the bones. Although they are often minor injuries, they can cause symptoms that can severely affect people.

Some accidents that could cause this type of injury might include:

  • Car accidents such as a side crash
  • An accident at work resulting from heavy lifting without the correct equipment or training
  • Public place accidents such as slipping on a wet floor in a shop

The following table outlines example figures of what you could claim under general damages for soft tissue injuries, using the JCG, except for the amount in the top row. This table is only intended for guidance.

InjuryNotesGuideline Amount
General and Special DamagesVery SeriousUp to £75,000+
Neck InjurySevere: (iii) £55,500 to £68,330
Neck InjuryModerate: (i)£30,500 to £46,970
Hand Injury Moderate (h)£6,910 to £16,200
Shoulder InjuryModerate£9,630 to £15,580
Less Serious Leg Injury Simple fractures and soft tissue (iii)Up to £14,450
Wrist Injury Fractures and soft tissue (d)£7,420 to £12,630
Injuries to the pelvis and hipsLesser injuries: (ii) Up to
£4,820
Chest Injury Soft tissue injuries or rib fractures (g)Up to £4,820

Tables For Back Injury Compensation Payouts

The back is an intricate part of the body and injuries to the area could affect your spine, spinal cord or the muscles around them. In addition, some back injuries often affect the neck and vice versa.

There are many ways these accidents could happen. For instance:

Not only can the physical effects be devastating, but the psychological impact can be debilitating too. For that reason, the compensation figures in the table below show what you could claim for back injuries. The figures were taken from the JCG, except for the figure in the top row. Again, please only use this table for guidance.

InjurySeverityCompensation Guideline
Multiple Injuries and Related ExpensesVery SevereUp to £500,000+
Back InjurySevere: (i) £111,150 to £196,450
Back InjurySevere: (ii) £90,510 to £107,910
Back InjurySevere: (iii) £47,320 to £85,100
Back InjuryModerate: (i) £33,880 to £47,320
Back InjuryModerate: (ii) £15,260 to £33,880
Back InjuryMinor: (i) £9,630 to £15,260
Back InjuryMinor: (ii) £5,310 to £9,630
Back InjuryMinor: (iii) £2,990 to £5,310
Back InjuryMinor: (iv)Up to £2,990

Get Help Claiming Personal Injury Compensation From Our No Win No Fee Solicitors

Those looking at injury compensation charts or tables such as the examples above can see that personal injury compensation can vary greatly for different injuries. This is because payouts for personal injury claims are determined on a case-by-case basis, and there are numerous factors which can influence how a personal injury claim is calculated.

Now that you have more information on the typical payouts for a personal injury and how compensation may be calculated, you may be interested in starting a claim.

Our solicitors can help with a variety of personal injury claims under a kind of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA). When working with a solicitor under this kind of agreement, you won’t be expected to pay any upfront or ongoing fees to your solicitor. Additionally, if your claim doesn’t succeed, then you won’t pay for your solicitor’s services.

You will pay a success fee to your solicitor if your claim succeeds. This success fee is a small percentage deducted from your settlement award, which has a legal cap.

To find out how one of our solicitors could help you make a claim, or to learn more about personal injury claim payouts, get in touch with our team today. Additionally, they could connect you with one of our solicitors if they believe you may have a valid claim. To get started:

A lawyer show a client how to use compensation tables for personal injury.

Thank you for reading our guide on how to use compensation tables for personal injury claims. If you have a question about our list of compensation payouts, please get in touch.

What Is A Personal Injury Claim Interim Payment?

By Stephen Hudson. Last Updated 20th February 2025. At times, it can be difficult to understand legal terms and how they could apply to yourself. Simply put, a personal injury claim interim payment is an amount that is given to you before the settlement of your case. Injuries can come with serious expenses, such as payments for medical expenses and lost income due to time taken off work to recover. Some claimants find themselves in a position where it would be difficult to wait for their compensation claim to conclude. 

In this guide, we help you to answer the question, ‘What does an interim payment mean?’. Additionally, we outline when the court may order an interim payment and the conditions that apply. 

Furthermore, we explain why you might seek an interim payment and examine guideline figures for compensation awards. You can also learn whether interim payments impact your benefits and your final payout. We include our compensation calculator to help you evaluate what your claim could be worth.

Finally, we explain how one of our expert personal injury solicitors could help you with a No Win No Fee agreement. They are experienced in dealing with such claims, allowing them to navigate the legal process and support you in making decisions that will help you gain compensation. 

If you have any queries about personal injury claims and how to request an interim payment, get in touch with our team of advisors. They can offer you a free initial consultation and explain anything you are unsure of:

A person wearing a cast on their arm and talking to their solicitor about a personal injury claim interim payment.

Select A Section

  1. What Does Interim Payment Mean?
  2. When Can Courts Order An Interim Payment?
  3. Conditions Set Out In CPR 25.7(1)
  4. Why Apply For A Personal Injury Claim Interim Payment?
  5. Personal Injury Claim Interim Payment – How Much Could You Get?
  6. Do Interim Payments Affect Your Benefits?
  7. How Do Personal Injury Claim Interim Payments Affect Your Final Payout?
  8. Personal Injury Claim Calculator
  9. No Win No Fee Personal Injury Claims
  10. Essential References

What Does Interim Payment Mean?

An interim payment in personal injury law is basically an advance on your compensation. When you are seriously injured, you might need your compensation as soon as possible to help pay for things like medical treatments, professional care, childcare, and more.

Usually, you’ll only be able to get an interim payment if the other party has already accepted liability, and you have a clear reason for needing your compensation sooner.

For example, if you were paralysed in a car accident and need the funds to pay for rehabilitation or assisted living, the courts may grant you a portion of your compensation in the interim to cover these costs.

When your claim is resolved, your interim payment will be deducted from your compensation.

For more information on interim payments, or to find out if you could be eligible to make a personal injury claim, contact our team today.

When Can Courts Order An Interim Payment?

Courts may instruct for an interim payment to be made to you or a loved one if it is clear that the other party is ultimately liable or that compensation is inevitable and you need the funds urgently. In cases of severe injury, the victim may suffer life-altering injuries. To function at home, it might be necessary to make expensive modifications to the home or purchase a medically altered vehicle.

These costs can run into the tens of thousands. If satisfied on the grounds of necessity, the courts may order the other party to pay some of the compensation money to the claimant so as not to delay the provision of these essential changes.

However, the liable party may argue or resist this request on the grounds that the case has not been finally decided or that there are mitigating reasons, such as contributory negligence. This is when the other party claims you did something to add to your accident and injury. In cases like this, the courts will assess the amount being asked for and how reasonable the defendant’s grievance about paying may be.

Conditions Set Out In CPR 25.7(1)?

There are various conditions attached to requesting an interim payment. Generally, certain conditions must be satisfied and matters taken into account in order for the courts to issue an interim payment to the claimant. It is likely that evidence will be needed to establish what an interim payment would be used for a long with reasons being satisfied in accordance with rule 25.7.

Speak to a member of our team about any conditions you may have concerns about in your case. Their advice is free and there’s no obligation to proceed with a case unless you wish to.

Why Apply For A Personal Injury Claim Interim Payment?

As discussed, the costs attached to modifying your life or that of a loved one’s after a serious accident can be huge. Costs such as this can be urgent as well. In addition to medical treatments and equipment, 24-hour care help can cost thousands of pounds a month. The injuries may mean that the victim requires help like this for the rest of their life.

Furthermore, some claims can take a long time to settle. Your need for constant help with domestic issues or the costs of expensive treatments could go on for months or even years. Even after admitting liability, the courts may need to wait for medical details or other documents. A lawyer can help guide your requests for interim payments and explain what needs to be produced in order to receive these.

Interim payments can purchase the necessary things to make you as comfortable as possible during this difficult time. Interim payments can meet those bills immediately. This can enable you to recover quicker.

Personal Injury Claim Interim Payment – How Much Could You Get?

Understandably, the questions we get about interim payments are often ‘What percentage is an interim payment of my overall compensation’, or ‘How much can I get from an interim payment?’ These are valid questions because, as we have discussed, interim payments carry out a vital function in a personal injury claim.

As each case is unique, there is no set compensation figure. There is also no strict limit to the percentage of compensation that can be set aside for an interim payment, meaning that what you receive depends entirely on your individual circumstances.

A personal injury claim interim payment should be based on the likely compensation award. It should also be a ‘reasonable proportion’ of this projected figure. That is true for each interim payment, if you are eligible to get more than one.

If you have an expert solicitor working on your case, they will be able to give guidance on what a reasonable interim payment in a personal injury claim should be.

For more advice, simply call our free helpline today and we can discuss what you might be able to receive.

Do Interim Payments Affect Your Benefits?

Interim payments do not have a bearing on any state benefits that you may be in receipt of for 12 months. You may set up a personal injury trust in this time. After this time, unused money may be subject to inclusion against benefit entitlement. Also, amounts that were spent too quickly can be regarded as an act of self-impoverishment which the Department of Work and Pensions may investigate.

In other words, the amounts you are given should be spent carefully and correctly. Your personal injury lawyer may be best to advise you in this respect.

How Do Personal Injury Claim Interim Payments Affect Your Final Payout?

Personal injury claim interim payments are effectively portions of your compensation in advance. At the conclusion of your case, all the interim payments that you have received are totalled up and deducted from the final amount. Other relevant deductions that relate to any costs associated with your case may be made also. If you receive benefits the Department of Work and Pensions may seek certain amounts back.

Personal Injury Claim Calculator

The ultimate award you may receive depends on evidence for two types of damages. The first, general damages, are those that seek to acknowledge the impact of:

  • Pain and suffering caused by the accident
  • Loss of amenity or pleasure in life
  • Impact on personal relationships
  • Damage to long-term health
  • Risk of mental health issues
  • Disfigurement or deformity impact

Looking at a publication called the Judicial College Guidelines, your lawyer can refer to award brackets as they relate to specific injuries. The results of an independent medical assessment may be used in the calculation of your settlement. The table below offers a brief excerpt:

InjuryAward bracket from JCG
Multiple Severe Injuries + Special DamagesUp to £1,000,000+
Paralysis - Tetraplegia£396,140 to £493,000
Paralysis - Paraplegia£267,340 to £346,890
Total Blindness and DeafnessIn the region of £493,000
Very Severe Brain Damage£344,150 to £493,000
Moderately Severe Brain Damage£267,340 to £344,150
Severe Back Injuries (i)£111,150 to £196,450
Severe Neck Injuries (i)In the region of £181,020
Severe Arm Injuries£117,360 to £159,770

These entries represent injuries for which an interim payment might be most commonly requested. If the courts concur that your financial need is sufficient, the courts can urge an interim amount. Please note that the first row was not taken from these guidelines.

Special damages

In addition to general damages, you can use evidence that relates to financial costs as part of your claim. When confronted by sudden and severe injury, a whole range of outgoings can present themselves. For example, you may notice a sudden demand on money because:

  • You cannot work until you recover
  • You may never be able to work at your previous job again
  • The need for expensive medical equipment
  • Necessary alterations or adaptations to your home
  • Care costs – in some cases 24-hour for life
  • Medicines or equipment
  • Physiotherapy or counselling costs
  • Any form of demonstrable cost that you have to attend to because of your injury

Special damages try to prevent you from suffering financial hardship. Speak about your claim with our team if you have costs associated with your injuries but you are unsure as to whether they might apply. It’s a free call and there’s no obligation to continue with a claim.

No Win No Fee Personal Injury Claims

Now that you’ve learned more about interim payments in personal injury claims, you may feel encouraged to get started. One of our solicitors could guide you through this process on a No Win No Fee basis by offering their services under a Conditional Fee Agreement (CFA).

Your solicitor captures a success fee only in the event that you win your case and receive compensation. This fee is deducted from the award and will be a small percentage of what you receive. The percentage being small is assured because it is legally capped.

One of the benefits of working with a solicitor is that they can offer more information on claiming an interim payment. Our personal injury solicitors have years of experience and could use this experience to explain legal jargon, help you gather evidence, and offer more information on compensation.

To learn more about claiming for an interim payment or to find out if you could be eligible to work with one of our solicitors, get in touch with our team today.

Start A Personal Injury Claim

When you get in touch our advisors can assess your case and offer practical advice. They can explain how connecting with effective legal representation can be much easier than you may have thought. By discussing your case with a No Win No Fee lawyer working remotely, it no longer matters where you live. Without the financial restraint of a lawyer on an hourly or weekly rate or a reliance on the law firm in the high street, your claim could start right now.

Personal injury solicitor at a desk holding a pen and paper document

Essential References

At Legal Expert, we can help with many different types of compensation claims. As the victim of workplace negligence, you could have a case against your employer. If you suffered a slip, trip or fall in a public setting, the people in control of that area might be liable for the health and financial damages associated with your injuries. Get in touch by:

  • Calling us on 0800 073 8804
  • Email or write to us at Legal Expert
  • Or use the ‘live support’ option for instant no-obligation advice

Other Personal Injury Claim Guides

For more advice on personal injury claims and interim payments, please get in touch.