A Guide To Suing For Compensation

This guide examines how to sue a third party, organisation or company for injury compensation. You may be owed a settlement for negligence, and this guide takes you through the process of how to sue and claim the compensation you deserve. As well as providing information on the different kinds of claims, we’ve also included a section on gathering evidence to support a claim.

In addition, we’ve provided a section on how compensation is calculated, as each claim is unique. There’s also information on the benefits of working with one of our No Win No Fee solicitors.

If you have any questions as you read, feel free to get in touch. It’s free of charge to do so and the advice and guidance on offer from our team of advisors is also free. We could also connect you with one of our No Win No Fee solicitors to help you begin a claim if we think it’s valid.

Read on for more information. You’ll also find our contact information just below:

• Call us on 0800 073 8804
• Talk to us about your claim online
• Use the pop-up chat window

Select A Section

1. How To Sue Someone Or An Organisation For Compensation
2. How To Prove Your Compensation Claim
3. How Much Could You Claim In Compensation?
4. How To Sue For Compensation On A No Win No Fee Basis
5. Learn More About How To Sue For Compensation

How To Sue Someone Or An Organisation For Compensation

As mentioned earlier, knowing how to sue includes being aware of what form of claim you’re making. Although the process can be similar between areas of law, it can also differ in various ways.  So, if you were to ask, “How do I sue a shop?” then the answer would differ slightly from a question about claiming against a negligent driver.

We’ve provided more information on the types of claims in the headings below.

Accident at work

Your workplace owes you a duty of care under the Health and Safety at Work Act 1974. The duty entails your employer taking all reasonable steps to prevent you from being injured in the workplace. If they fail to take action or rectify a hazard that causes you harm, then this could constitute a breach of their duty of care. If this is the case, you may be able to make a personal injury claim against them.

One example could be your employer not supplying you with adequate training before asking you to carry out manual handling tasks. This can lead to back injuries that would not have occurred if you had been provided with a suitable level of training.

Road Traffic Accidents

The duty of care that all road users owe to one another can be upheld by following the laws, rules, and guidelines in the Highway Code and the Road Traffic Act 1988. For example, obeying the speed limit is a way of upholding this duty of care, whereas exceeding it is a breach of the same duty. If a driver is speeding and this causes an accident that injures you, then you may be able to make a personal injury claim for compensation.

In the event that the other driver is uninsured or flees the scene, making a claim through the Motor Insurers’ Bureau (MIB) remains a possibility. The MIB is an independent organisation that exists for scenarios such as these.

Public Accidents

Those responsible for a public space owe those using the area for its intended purpose a duty of care. This is covered in the Occupiers’ Liability Act 1957. So, if you are injured due to a hazard in a public place, you may be able to claim against the occupier.

For example, there could be a wet floor in a supermarket due to a spillage that hasn’t been cleaned up. If there is no wet floor sign, then you may not spot the spillage and slip and fall, injuring yourself.

Medical Negligence

All medical professionals owe patients in their care a duty of care. This requires them to provide you with a level of care that meets an acceptable standard. Failure to do so constitutes a breach. An example of a medical professional breaching their duty of care could include performing a surgical procedure on the wrong part of your body. This is surgical negligence, a form of medical negligence.

Data Breaches

Those who are responsible for how your personal information is stored and utilised must comply with the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). They have a responsibility to only use your data for its intended purpose and to prevent others from accessing it if they are unauthorised to do so.

If an organisation fails to comply with data protection laws, should a data breach occur that involves your personal data, you could sue not only for any financial damage but also for mental harm, independently.

The compensation you receive as the result of a data breach claim can relate to the financial losses you experience, but also the psychological impact of your information being breached.

How To Prove Your Compensation Claim

Being aware of what evidence you’ll need to support your claim for compensation is important. We’ve included some examples of evidence in the list below. However, there are other examples that exist, and some may be more relevant than others.

• Medical evidence – This can show the severity and nature of your injuries.
• Bank statements – You may have suffered financial losses as a result of your injury or illness.
• Visual evidence – For example, you can request CCTV footage in which you appear. Photographs of any physical injuries can be helpful too, as can pictures of the hazards that caused them. If you’re injured in a road traffic accident, a dashcam may have captured the incident.
• Witness contact details – Forward these to your solicitor, who can then collect written statements from any willing witnesses.
• Workplace accident book – This should be present in your workplace, and a senior figure should log your injury.

For more information on evidence or how to sue for compensation, speak with our advisors today. They’re available 24/7 for you to do so.

How Much Could You Claim In Compensation?

As well as knowing how to sue, it’s also helpful to know how compensation is calculated. Although claims tend to be valued in a similar way across various areas, there are some differences. However, most are calculated with a specific claimant’s circumstances in mind. Therefore, the value of each claim is often unique.

For personal injury and medical negligence claims, the head of claim that’s calculated for your pain and suffering is called general damages. A publication called the Judicial College Guidelines (JCG) is used to assist those responsible for calculating the value of your claims. The JCG contains figures based on cases that went to court that were successful.

The JCG is also used in data breach claims to assign a value to your mental suffering. However, the mental suffering is referred to as non-material damage.

The table below features figures from the JCG. However, your own claim will differ in its value, so use the figures shown only as a rough guide. The top figure has not been taken from the JCG.

Additional Forms Of Damages

There can be other amounts you could be eligible to receive. In the context of personal injury and medical negligence claims, the second head of loss is called special damages. It relates to the financial impact of your injury or illness caused by a breach of a duty of care.

Examples can include:

• Loss of earnings – Your ability to work may be disrupted, and therefore your income too.
• Medical expenses – For instance, prescription medication.
• Travel costs – In scenarios where you need to use taxis or public transport to attend appointments.
• Damage to personal property – The incident that caused your injury may also have damaged or even destroyed items such as a laptop or smartphone. 

In data breach claims, monetary loss is known as material damage.

For both special damages and material damage compensation, you need to gather evidence to support the fact your finances have suffered. Payslips, receipts, and bank statements are all good examples of this.

Get in touch today for more information on how compensation is calculated, how to sue, and how much your overall claim would be worth.

How To Sue For Compensation On A No Win No Fee Basis

Not only can our solicitors answer your questions on how to sue, but they also work with their clients with a Conditional Fee Agreement (CFA) in place. This is a form of No Win No Fee arrangement, and it enables you to access your solicitor’s legal services without the need to pay them anything in advance.

Then, if your claim succeeds and you are awarded a settlement, your solicitor takes a legally capped percentage from your compensation. This success fee is not taken from you if your claim is unsuccessful.

Contact Us To Find Out How To Sue Today

If you have any questions about how to sue a negligent company or organisation, our advisors are ready and waiting to take your call. All advice is free of charge, and if we think you have a valid claim, we could connect you with one of our No Win No Fee solicitors to help you begin the claims process.

Reach out today:

• Call us on 0800 073 8804
• Talk to us about your claim online
• Use the pop-up chat window

Learn More About How To Sue For Compensation

The links below will take you to additional resources we hope you also find helpful:

More from us: 

• Find out when you can claim for a finance company data breach by reading this guide.
• Head to this article to find out how much road traffic accident claims are worth.
• You may be able to claim if you were harmed as a result of your doctor prescribing the wrong dosage of your medication.
• You can also read our guide on claiming for the wrongful death of a loved one caused by medical negligence.

Information from other sources:

• There is information on the Pre-Action Protocol for the Resolution of Clinical Disputes on the Government website.
• You can also find information on the Pre-Action Protocol for Personal Injury Claims on the Government website.
• If someone is unable to claim, they could have a litigation friend appointed to do so on their behalf.

Thank you for reading our guide on how to sue a company or organisation for compensation.