How To Claim Compensation For An Injury

Last updated 21st June 2024. If you’re looking to learn more about how to claim for personal injury, medical negligence, data breach violations or criminal injuries, this page will tell you a bit more about what you need.

Below, we’ll cover evidence, the claims process and No Win No Fee agreements. We’ll also provide links to some of our dedicated guides so that you can learn more about specific subjects.

If you’d like to connect with our team of claims advisers, you can do so in one of the following ways:

• Call us on 0800 073 8804
• Write to us through our online claims form
• Chat with our team now about your case using our live chat

Select A Section

1. How Can Legal Expert Help Me To Claim Compensation?
2. How To Claim For A Personal Injury
3. How To Claim Compensation For Medical Negligence
4. How To Start A Claim For A Data Breach
5. How Can I Make A Claim For A Criminal Injury?
6. How Long Do You Have To Make A Compensation Claim?
7. What Evidence Do I Need To Make A Claim For Compensation?
8. How To Claim Under A No Win No Fee Agreement

How Can Legal Expert Help Me To Claim Compensation?

If you have any questions about how to claim compensation, one of the advisors from our team could help you. In addition to the free advice, they can assess whether you have a valid claim. If you do, you could be connected with one of our No Win No Fee solicitors.

A solicitor could help you by:

• Ensuring your claim is accurately valued with all damages considered.
• Presenting your case in full and before the time limit expires.
• Updating you on the progress of your claim.
• Obtaining sufficient evidence to support your claim.

If you would like to speak to a member of the Legal Expert team, get in touch using the details above. They can help you get your claim started today.

How To Claim For A Personal Injury

There are three types of claims that fall under personal injury law. These are accident at work claims, public liability claims, and road traffic accident claims. Our solicitors can take on claims covering all areas of personal injury law. 

However, the eligibility criteria you will need to meet to have a valid compensation claim is the same across these three types of claims.

The eligibility criteria is as follows:

1. You were owed a duty of care by a responsible third party. 
2. The third party breached their duty of care. 
3. As a result of this breach, you sustained an injury. 

We will now discuss what duty of care is owed to you, and by whom, when you are at work, in a public space, and on the roads. 

Accidents At Work

Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care while you are working. They must take reasonable steps to ensure that employees are safe and free of any risk of injury. 

Some of these steps involve:

• Conducting regular risk assessments to manage and remove risks and hazards.
• Giving necessary training so that employees can complete tasks safely, such as manual handling training. 
• Supplying sufficient Personal Protective Equipment (PPE) so that employees can complete tasks safely, such as hard hats. 

Accidents In A Public Space

Under the Occupiers’ Liability Act 1957, occupiers (anyone who has control) of a public space, such as a library or public park, owe a duty of care to all lawful public visitors of their space. They must take steps to ensure that public visitors of their space are reasonably safe and free of any risk of injury. 

Some of these steps involve:

• Putting health and safety procedures in place, such as warning signs. 
• Responding promptly as soon as there is a report of a hazard or risk.  
• Conducting regular risk assessments to manage and remove risks and hazards.

Road Traffic Accidents

Every road user owes a duty of care to all other road users on the road. All road users (this includes cyclists and pedestrians, not just drivers) must follow the regulations and rules set out in The Road Traffic Act 1988 and The Highway Code to ensure that everyone on the road is safe and free of any risk of injury. 

Some of these rules include:

• Not exceeding the speed limits. 
• Stopping at a zebra crossing if a pedestrian is waiting to cross. 
• Not driving whilst under the influence of alcohol and drugs. 

If you believe that you are eligible to either make an accident at work claim, a public liability claim, or a road traffic accident claim, then please contact us. Our friendly advisors can discuss the details of your case with you and confirm whether your claim is valid. 

How To Claim Compensation For Medical Negligence

To make a medical negligence claim, you must prove that you have suffered medical negligence. We define medical negligence as a breach of duty of care that leads to you suffering harm that should have been prevented (avoidable harm). 

All medical professionals and healthcare providers owe a duty of care to any patient that they treat. They must deliver the correct standard of care that does not fall below the minimum expected standard. It is a breach of duty if they do deliver substandard care. 

So, the eligibility criteria to make a medical negligence claim is as follows:

1. A healthcare provider owed you a duty of care. For example, your GP. 
2. The healthcare provider breached their duty. For example, your GP prescribed you medication that you are allergic to because they did not check your medical notes where the allergy was stated. 
3. From this breach, you sustained avoidable harm. For example, organ damage from an anaphylactic shock due to an allergic reaction.

Our solicitors can take on all types of medical negligence claims. So, if you believe you are eligible for compensation, please have a chat with our advisors. 

How To Start A Claim For A Data Breach

The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018) are in place to protect people’s personal data in the UK. These laws state that data controllers and data processors must keep all personal data safe when it is being stored, handled, and processed. 

Data controllers are organisations that decide why and how personal data is processed. They can also be the data processors and actually process personal data themselves. Or, they can get a third party to do this. These parties must comply with data protection law. If they do not, then this is known as wrongful conduct. 

Some cases of wrongful conduct can result in a personal data breach. Article 4 of the UK GDPR defines a personal data breach as an accidental or unlawful breach of security that results in the destruction of, loss, disclosure of, unauthorised access to, or alteration of someone’s personal data. 

Furthermore, Article 82 of the UK GDPR outlines the data breach claims eligibility criteria:

1. A data controller or data processor did not comply with either the UK GDPR or the DPA 2018. 
2. There was a personal data breach because of this. 
3. Because of the personal data breach, you have suffered psychologically or financially (or both). 

Our solicitors can take on all types of data breach claims, from lost medical files to cyberattacks. So, if you believe you are eligible for compensation, please have a chat with our advisors. 

How Can I Make A Claim For A Criminal Injury?

Criminal injury claims are most often made through the Criminal Injuries Compensation Authority (CICA). The CICA is an agency set up by the Government to offer a compensation route for victims of a violent crime in Great Britain. 

However, certain criteria must be proven in order for a criminal injury claim to be made through the CICA. These are:

1. From a crime of violence, you must have suffered an injury. The Criminal Injuries Compensation Scheme 2012 helps the CICA put a value on criminal injury claims.
2. You must have reported the crime to the Police. 
3. The crime must have happened in either Wales, Scotland, or England. Or, an alternative relevant location, such as on a boat registered to Great Britain. 

Alternatively, criminal injury claims can also be made either against the perpetrator directly (if you know them and they have the means to give you compensation), or against a third party that is vicariously liable, such as an institution. 

An example of when a criminal injury claim may be made against an institution rather than through the CICA is if a teacher of a school sexually abused a student, and the school failed to do a DBS check on the teacher. The school would then be liable for the student’s abuse because they failed to check the teacher’s previous convictions, and consequently, failed to protect the student. 

If you have more questions on where or how to make a compensation claim for a criminal injury, our advisors can help point you in the right direction.

How Long Do You Have To Make A Compensation Claim?

When looking at how to claim compensation, it’s important that you consider how long you have to do so. The personal injury claim time limit is typically three years from the date of the accident as set out in the Limitation Act 1980. 

Sometimes, the time limit may be suspended. For example:

• If a child is injured in an accident caused by someone else’s negligence, they would have three years from their 18th birthday to take action.
• If someone does not have the required mental capacity to begin their own claim, the limitation period is suspended indefinitely, until they regain the required mental capacity. 

A litigation friend, such as a relative or solicitor, can claim on the behalf of a minor or someone who lacks the mental capacity while the time limit is paused. However, they must act fairly and competently when making decisions about the case and should also not have conflicting interests with the claimant. An application needs to be made to the courts to take up this position.

Speak to our advisors if you have any additional questions about the limitation period or how to claim for a personal injury. The advice you receive is free and available 24/7.

What Evidence Do I Need To Make A Claim For Compensation?

When it comes to deciding how to claim for an injury or illness, the available evidence will dictate the steps you need to take.

For example, if you’ve suffered an injury, medical treatment will be your first port of call. It’s important to be examined by a doctor either at your local GP practice, a walk-in centre or the hospital. They’ll supply you with medical notes or discharge letters that will detail what injuries were sustained, how, and the treatment provided.

It’s also important to obtain evidence from the scene of the accident. For example, in an accident at work claim, it’ll be necessary to obtain pictures of the scene that show the cause of the accident, such as defective equipment, and any CCTV footage, if available.

Accident reports can also prove useful when evidencing a claim. If you suffer an injury in a public place, the organisation or person in control of that space should have an accident logbook that you can record the incident in. The same applies to accidents at work. Copies of these accident reports can prove very useful in clarifying the facts surrounding the incident.

How To Claim Under A No Win No Fee Agreement

No Win No Fee agreements give people the confidence to pursue the compensation and justice that they deserve. It’s the reason why we offer them in the vast majority of claims that we take on.

No Win No Fee is a term you may have heard before on the radio or TV. It simply means that if your claim doesn’t succeed, you won’t be obligated to cover any of your solicitor’s fees. You only pay your solicitor a fee on the condition that they achieve a successful outcome in your case.

The fee that you would pay comes from the compensation that’s awarded. It’s fixed by law at a low percentage, ensuring that you take home the vast majority of your compensation.

If you’d like more information on how to claim under a No Win No Fee agreement, please get in touch on the number at the top of this page.