How To Claim Compensation For An Injury
By Danielle Jordan. Last updated 27th October 2023. 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
- How Can Legal Expert Help Me To Claim Compensation?
- How To Claim For An Injury Or Illness
- How Long Do You Have To Make A Compensation Claim?
- What Evidence Do I Need To Make A Claim For Compensation?
- Typical Payouts For Personal Injury In The UK
- How To Claim Under A No Win No Fee Agreement
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.
The claims process isn’t always straightforward. Each area of law generally follows different rules and procedures. We’re able to support people in the following areas:
- Personal injury compensation claims – this includes accidents at work like factory accident claims, road traffic accidents (such as an HGV accident), and public liability claims, such as an accident in a shop
- Medical negligence claims
- Criminal injury claims
- Data breach law
We specialise in personal injury and medical negligence law in particular. To prove negligence in such cases, it’s necessary to establish the following:
- That the defendant owed you a duty of care
- They breached that duty, creating the risk of injury
- As a result of the breach, you suffered an injury or illness
Proving that an organisation, such as your employer, or an individual such as a landowner, owed you a duty of care can be relatively straightforward. Employers, for example, owe all of their employees a duty of care under the Health and Safety at Work etc. Act 1974.
The more challenging aspect to prove is that the defendant breached their duty of care. In personal injury claims, this could involve proving that an employer failed to take steps such as conducting risk assessments. Drivers and other road users could also breach their duty on the roads by using their mobile phones or carrying out dangerous manoeuvres.
When it comes to proving breach of duty in medical negligence claims, legal tests such as the Bolam Test can be utilised.
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.
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.
A personal injury claim payout may consist of two heads of claim:
- General damages cover the injury you have sustained and the pain, suffering or loss of amenity you have endured as a result.
- Special damages focus on any losses or expenses you may have incurred as a result of your injuries, such as a loss of earnings from not attending work whilst you recover.
In the table below, using figures from the Judicial College Guidelines (JCG), we’ll give you an idea of compensation amounts you could be awarded in regards to the injury you have suffered. The JCG includes figures relating to physical and psychological injuries.
Whilst you may see tools like a personal injury claim calculator advertised on some sites, we would recommend using our table instead. The figures from the JCG, updated in April 2022, are determined by compensation awarded in previous claims settled in court.
|Severe Psychiatric Damage Generally||£54,830 to £115,730||You are unlikely able to cope with work or maintaining relationships in your life.|
|Severe Post-Traumatic Stress Disorder||£59,860 to £100,670||All aspects of your life are negatively affected.|
|Severe (i) Back Injuries||£91,090 to £160,980||The spinal cord and nerve roots are damaged.|
|Severe (i) Injuries to the Pelvis and Hips||£78,400 to £130,930||The pelvis is severely fractured causing dislocation of a low back joint.|
|Chest Injuries (A)||£100,670 to £150,110||It is necessary for one lung to be removed.|
|Severe (i) Neck Injuries||In the region of|
|Little or no movement in the neck despite wearing a collar 24 hours a day for a period of time.|
|Injuries Affecting Sight||£54,830 to £65,710||One eye is totally lost.|
|Severe Shoulder Injuries||£19,200 to £48,030||Significant disability is caused due to damage to the brachial plexus.|
|One Or More Whiplash Injuries||£4,215||18-24 months of symptoms.|
|One Or More Whiplash Injuries With One Or More Psychological Injuries||£4,345||18-24 months of symptoms.|
Please note that the table above only applies to claimants in England and Wales. If you would like to know the typical payouts for a personal injury in the UK, get in touch and we’ll be happy to help. Furthermore, we could put you in touch with a No Win No Fee solicitor, which we’ll discuss in more detail in the next section.
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.
Our Guides On How To Claim
To help you understand your legal rights and the options you have available to you, we’ve compiled a list of some of our guides, organised into different areas of law. To learn more about a topic, simply click the link below. You can also call and discuss your case or query with our team of advisers.
Personal Injury Law
- Pedestrian Accident Claims – if you’re looking for advice on what to do if you’ve been injured as a pedestrian, this guide provides it.
- To learn more about package holiday claims, head here. If you’ve suffered an injury or illness while on holiday, you could be entitled to compensation. Find payout examples here and more.
- If you’re looking to make a claim against the council or for advice on potential council compensation payouts, this guide will help. We discuss the eligibility criteria to make a personal injury claim and No Win No Fee agreements.
- This guide explains how to make a hit and run claim. Learn about the claims process and potential compensation payouts.
- If you’ve been injured in an accident in the gym, this guide offers some useful advice on your legal rights and how to prove a claim
- Head here to learn more about car park accident claims. Find out if you can sue for a supermarket car park accident here
- If you’re interested in pursuing a burn injury claim for compensation, this guide offers useful information on the process and compensation payouts
- Learn how to make a PTSD claim here for post-traumatic stress disorder
- If you’d like to learn more about back injury claims, this guide offers some useful advice
- Dislocated injury claims
- This guide explains everything you need to know about making an MIB claim for compensation and the amounts you could receive
- This guide offers an in-depth look at making an arm injury claim under personal injury law. Find compensation payouts and tips on navigating the claims process.
- Head here to learn about taxi accident claims – particularly useful if you’ve been injured as a passenger in a car accident
- Claiming compensation for an injury in prison
- Injured while working as a waiter, waitress or chef
- Head here to learn how to check out whiplash compensation calculator page where you can see how much you could get in a personal injury claim
- Body piercing negligence claims
- Hernia settlement amounts (UK)
- Learn all about hairdressing compensation claims and the types of compensation awards that could be made
- Finger injury claims
- Accident claims relating to nurseries and schools
- How to claim against a liquidated or dissolved company
- Accidents while on a flight
- How to make a personal injury claim in Scotland
- Child accident claims – learn how to make a personal injury claim if your child has suffered an injury
- Chemical burn injury claims
- Caravan park and campsite injury claims
- How to claim for paralysis
- Seeking ankle injury compensation
- How to claim as a passenger in a car accident
- This guide discusses nerve damage claims in detail and how you can claim compensation
- Car accidents caused by snow or ice
- Accidents on a cruise ship
- Mobility scooter accident claims
- Accidents in a pub or bar
- Permanent scar injury claims
- Roundabout accident claims
- Can you still claim if you didn’t report an accident?
- School accident claims
- I was burned by a hot drink; can I claim?
- General accident claims guide
- How to claim for blindness
- How to claim loss of earnings
- Brain damage after a car accident
- Fairground ride accident claims – if you’ve suffered an injury while on a ride, or navigating the premises of a fairground, either as a visitor or an employee, you can learn about your legal rights here
- How to claim for an injury caused by a pothole
- Injuries caused by a seatbelt
- How to claim is injured as a passenger in a vehicle
- How long does whiplash last?
- Middlesbrough Personal Injury Solicitors
- £5000 Compensation For Salon Hairdresser Bleach Burn Claim
- How Much Compensation For Bursitis?
- £100,000 Compensation For A Broken Neck
- How To Claim Fractured Vertebrae Compensation
- How To Claim Lumbar Spine Injury Compensation
- How Can An Eye Injury Lawyer Help You?
- £200,000 Compensation for a Fractured Spine
- £10,500 Compensation For A Ruptured Tendon
- £70,000 Compensation For Crushed Toes
- £55,000 Compensation For A Fractured Kneecap
- Non-Fault Accident Claims
- City of London Personal Injury Solicitors
- Clacton-on-Sea Personal Injury Solicitors
- Coatbridge Personal Injury Solicitors
- Colchester Personal Injury Solicitors
- County Durham Personal Injury Solicitors
- Coventry Personal Injury Solicitors
- Craigavon Personal Injury Solicitors
- Crawley Personal Injury Solicitors
- Crewe Personal Injury Solicitors
- Crosby Personal Injury Solicitors
- How Much Compensation Could You Receive for a Slip or Trip Claim?
- Housing Disrepair Compensation Calculator
- How To Complain To The Council About Housing
- How to Complain to The Housing Association About Disrepair?
- Housing Disrepair Roof Leak Compensation Claims Guide
- Rising Damp, Leading To Mould Landlord Housing Disrepair Claims
- How Much Compensation Could I Claim From My Landlord?
- Social Housing Claims Guide
- Housing Association Disrepair Claims Guide
- Health Spa Accident Claims
- Beauty Treatment Injury Claims
- Sprained Ankle Injury Claims
- How to make cycling accident compensation claims. Get advice on the process of claiming for different cycling injuries.
- Advice for eye injury claims. Learn more about when and how you can claim compensation for an eye injury caused by another party’s negligence.
- Find out how to make a housing disrepair claim. Learn more about claiming for housing disrepair due to a landlord’s negligence.
- Advice on knee injury compensation amounts. Learn about claiming compensation for a knee injury caused by negligence.
- Learn more about foot injury claims. Find out how to claim for a foot injury caused by negligence.
- This guide discusses brain injury claims in detail. Here you can learn how to make a personal injury claim for damage to your brain
- Find out how to claim for theme park accidents in the UK. Learn more about the claims process with our helpful guide.
- Find out how to claim for an accident at work if you were injured working as a server or wait staff with our informative article.
- Our guide offers more information on claiming for a mobility scooter accident and details how a No Win No Fee lawyer could help.
- Find out how much serious injury compensation you could receive and get more help with the personal injury claims process.
- How much compensation for medical negligence resulting in death?
- Teeth damage compensation claim
- How to make a medical negligence claim
- Optician negligence claims
- Head here to learn how to sue a negligent dentist
- Learn about claiming neck injury compensation and get more information on the claims process with our helpful guide.
- Learn about supermarket accident claims with our helpful compensation claims guide.
- A guide to claiming for a Virgin Media Data Breach
For any more information on how to claim for the various case types listed here, please call us on the number at the top of this page.