What Is A Personal Injury Claim?
By Stephen Hudson. Last Updated 9th November 2023. A personal injury may happen even when every precaution possible has been taken simply because of somebody else’s mistake or negligence.
Every day across the UK people suffer some form of personal injury, whether it’s at home while walking on the pavement, in the workplace, because of a dog bite or simply while going about their daily activities.
Below, we discuss personal injury claims in comprehensive detail and explain how our No Win No Fee solicitors can help you.
If you have sustained personal injury in an accident or incident that was not your fault, you might be entitled to start a claim for compensation for the pain and suffering caused to you.
You may also be able to claim for medical expenses for treatment related to the injury as well as loss of earnings from having to stay off from work because of your injuries.
If you would like to get in touch with us about making a claim, you can use the methods below.
Select a Section
- The Eligibility Criteria For Personal Injury Claims
- The Types Of Personal Injury Claims We Can Help With
- Why Make A Personal Injury Claim?
- Personal Injury Compensation Payouts
- What Is The Personal Injury Claims Time Limit?
- What Should I Do After An Accident?
- Can I Make A Personal Injury Claim With No Win No Fee Solicitors?
- Other Personal Injury Guides
In order to pursue compensation, your case must meet the personal injury claims eligibility criteria. This means you must be able to prove that another third party owed you a duty of care and in breaching this duty, caused your injuries.
A duty of care is a legal responsibility for your health, safety, and well-being. Different people may owe you a duty of care in different situations, and the steps they have to take can vary from situation to situation. For example, your employer owes you a duty of care when you are working. Their responsibilities are set out under the Health and Safety at Work etc. Act 1974 (HASAWA). In the next section, we will discuss in more detail the different situations in which you are owed a duty of care.
To find out if you could be eligible to claim personal injury compensation, contact our team of advisors today. They can offer more information.
A personal injury is the legal term for an injury to a person’s physical or psychological well-being. In certain situations, a person who suffers a personal injury can initiate a claim against the person or party responsible.
Examples of types of claims and who could be found liable in these instances can include:
- Assault Claims: If you were injured in a criminal assault, you could be able to make a personal injury claim directly against your assailant. However, these claims are not always possible, as the assailant may not have the funds to afford your compensation. If so, you could potentially claim through the Criminal Injuries Compensation Authority (CICA) instead.
- Road Traffic Accidents: Every road user has a responsibility to ensure that they follow the rules of the road, and that their actions do not negatively impact other road users. If you were injured because of a driver’s negligent or reckless actions, you could initiate a personal injury claim against them.
- Medical Negligence: If you are injured because a medical professional provides substandard care in some way, for example prescribing you the wrong medication, then you could potentially claim against the organisation responsible, whether this is private or public healthcare.
- Accident At Work: Your employer has a responsibility to provide you with a practically safe working environment. If you are injured by a hazard present in your place of work, your employer could be found liable if they had failed to take suitable and reasonable actions to look for, address or manage the hazard.
- Accidents In Public: People in charge of spaces open to the public have a responsibility to ensure that the areas they are in charge of are practically safe. They have a responsibility to actively look for hazards that could be present in their area and address any in due time. If they fail to do this, they can be found liable for an injury a person suffers within their area.
When somebody’s been involved in some form of accident, many people just want to put the whole thing behind them.
The thought of filing a personal injury case can be unnerving as it could mean having to relive the trauma several times over while relating the details to their solicitor and potentially again in the courtroom. This only adds to what can already be a stressful situation besides taking up more time.
Having to take time off from work could mean further loss of income. What if after all that, you lose the case and are not awarded any compensation? However difficult it may be, it is always advisable to file a personal injury claim for compensation.
Any type of personal injury can put a strain on your physical and mental health as well as your finances. You would have had to pay for medication and treatment for your injuries. Depending on your injuries, you may require long-term treatment, which could turn out to be hugely expensive, both in terms of time as well as money.
Filing a claim is the first step toward getting the recompense you deserve. The money could help restore your financial position to what it was before the accident. Also, it allows you to take time to heal from the physical and psychological trauma without having to worry about finances.
By suing a negligent party you are also doing your part to prevent the same accident and injury from happening to anyone else. For example, filing a claim for a personal injury resulting from faulty equipment may highlight unsafe practices at work so other employees may not suffer the same injuries in future.
If you’ve been injured due to the negligence of another, you could potentially claim compensation. This could cover both the pain and suffering you have experienced, under general damages, and the specific financial losses you have incurred as a result, under special damages.
The table in this section shows a variety of injuries or illnesses you could potentially claim compensation for. The figures shown are from the Judicial College Guidelines, a document used by legal professionals to help value personal injury claims. You should know that these figures are not a guarantee.
Additionally, the top entry in this table does not appear in the JCG.
|Multiple Injuries Plus Financial Losses||Severe||Up to £1,000,000+||Compensation for several injuries and special damages such as a loss of earnings.|
|Brain Damage||Very Severe||£282,010 to £403,990||The victim will display little, if any, meaningful response to their surrounding environment. Full-time nursing care will be required.|
|Leg||Amputations (iii)||£104,830 to £137,470||One leg is amputated above the knee.|
|Ankle||Severe||£31,310 to £50,060||There will be a need for an extensive period of treatment. The result will be ankle instability and a limited ability to walk.|
|Arm||Less Severe||£19,200 to £39,170||The person will have made a substantial recovery (or is expected to) despite suffering with substantial disabilities.|
|Back||Moderate (i)||£27,760 to £38,780||The lumbar vertebrae suffers a compression or crush fracture that causes pain that is constant.|
|Foot||Moderate||£13,740 to £24,990||A permanent deformity with continuing symptoms due to displaced metatarsal fractures.|
|Skeletal||(b)||£14,900 to £23,950||Multiple fractures of the facial bones that result in a permanent facial deformity.|
|Shoulder||Serious||£12,770 to £19,200||Damage to the brachial plexus with the dislocation of the shoulder that causes neck and shoulder pain with aching in the elbow.|
Under special damages, you could potentially claim for (past and future):
- Travel costs
- Medical expenses
- Property damage
- Loss of earnings
It’s stated in the Limitation Act 1980 that you only have 3 years to start the process of a personal injury claim. This time limit begins from the date you sustained your injury. However, some injuries or illnesses may be cumulative or have delayed symptoms. In these cases, the time limit will only begin from the date you are made aware of your injury. This is known as the date of knowledge.
Child Injury Claims
For claimants under the age of 18, their time limit is suspended until they reach adulthood. This is because they cannot legally pursue their own personal injury claims. For the claim to be made before this date, it must be done by a litigation friend.
This is when an adult with the child’s best interests at heart, such as their parents. are appointed to pursue the claim on the behalf of their injured child. The litigation friend is not awarded the compensation if the case If successful. It is placed into a legally secured bank account under the child’s name that they can access from their 18th birthday.
If the child reaches 18 without a claim being started on their behalf, they have 3 years to start one themselves.
Claims On Behalf Of Those With A Reduced Mental Capacity
If the injured party has a reduced mental capacity, then their time limit is suspended. They would also require a litigation friend to act on their behalf.
If their mental state is due to something like brain damage and they are expected to recover, then their time limit will only begin when their mental capacity is restored. If it is never restored, then their time limit will also remain suspended.
In most cases, there is a lot of confusion after a personal injury. This can make it difficult for you to put together the evidence that could help you file a strong case. Being aware of what you should and should not do immediately after an accident can help you stay more focused at that time.
- The first thing you should do immediately after an accident is check your injuries and try and determine how badly hurt you are. We recommend seeking medical help.
- If there are any witnesses to the accident, get their contact details so that they can testify on your behalf as to whose fault the accident was.
- Get photographs of your injuries, the scene of the accident, your damaged vehicle if any and the immediate cause of the accident.
- Get your injuries treated at the nearest medical facility.
- Report the accident and your personal injuries at the nearest police station and keep a record of the report.
- Get in touch with a solicitor and get professional advice as to the best way to proceed with filing your compensation claim.
We also don’t recommend agreeing to any personal injury settlement that the defendant’s insurance company offers you without first consulting a solicitor. Most insurance companies rush in to offer compensation after any type of accident. It may seem like a fair and easy deal at first and you may be tempted to take it.
However, if you consult a solicitor, they may be able to negotiate on your behalf for more compensation.
Besides, you will have to sign an agreement waiving off your rights to claim any more compensation so you may not be able to claim for future injuries that may be related to the personal injury you have suffered.
If you have valid grounds to make a personal injury claim, then you may benefit from having support from a solicitor on your case. If you contact our advisors, they can review your case, and they may connect you with one of our No Win No Fee solicitors if they determine you have a strong claim.
Our No Win No Fee solicitors can support claims by offering guidance on how to start a claim for a personal injury and advice on how to make your case as strong as possible. Additionally, the No Win No Fee solicitors on our panel usually over their services under a Conditional Fee Agreement.
The benefits of working under such an agreement include not needing to pay your solicitor any upfront fees while your claim is being processed for their services. Also, you won’t need to pay your solicitor for the work they have done on your case if your claim proves unsuccessful.
If your claim does succeed, then your solicitor will take a small and legally capped percentage from the compensation awarded to you. This is referred to as a success fee.
Contact our advisors today to learn more about what is a personal injury claim and how one of our No Win No Fee solicitors could support you with yours.
Get Legal Advice And Make A Personal Injury Claim
If you’re looking to make a claim for a personal injury, our advice can be provided in a free initial consultation. Once our advisors determine the strength and validity of your claim, they could connect you to one of our specialist solicitors. Our team has many years of experience and aim to provide personal injury claimants with a high-quality service to help the claim compensation.
We are able to help you with all types of personal injury claims, such as fatal accidents, road traffic accidents or accidents at work. You will not be obligated to use our services after your free initial consultation either.
You may get legal advice instantly by connecting to our online advisors via our live chat function. However, there are other ways you may seek personal injury advice, including:
- Calling us on 0800 073 8804
- Sending an email to firstname.lastname@example.org
- Completing a claim online form and we’ll contact you
Below, you can find more of our guides on making a personal injury claim:
- Personal injury solicitors – learn more about our services.
- Personal injury claims process – find out about what the process entails in more detail.
- Criminal injury claims – these can differ from more traditional personal injury claims. Find out how.
- Try using our free personal injury claims compensation calculator tool
- You can also read our guide on who’s responsible for recording injuries at work