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How To Make Personal Injury Claims

Have you or someone you know had an accident that was not your fault? If so then you could make a personal injury compensation claim.

Whether it is a road traffic accident, an accident at work or out in a public place, you could make a claim if the incident happened due to the fault of a responsible person. This guide about the personal injury claims process will help you understand who is eligible to make a claim, what type of accidents can cause an injury, how long you have to start a case and whether you can claim on behalf of someone else.

Evidence is crucial to support a personal injury claim, so we have listed types of evidence that you could gather to prove your case, along with how compensation is calculated and, finally, how our expert No Win No Fee solicitors will help you.

To take advantage of our outstanding services for a free, confidential, no-obligation chat, please get in touch with us using the details below:

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What Is A Personal Injury Claim?

It is a claim that can be made if you have suffered an injury as a result of an accident that was not your fault. It can be a road traffic accident, a workplace accident or an accident in a public place. However, firstly, we need to establish a duty of care.

  • Was there a duty of care owed?
  • Was that duty of care breached?
  • Did the breach of duty cause injury and/or illness

What Type Of Personal Injury Claims Can I Pursue?

As mentioned above types of accidents:

  • Road Traffic Accident – Each road user owes a duty of care to each other, ensuring they navigate the roads safely. This includes bus drivers, motorbikes and cyclists. This means all road users must adhere to the relevant rules found in the Road Traffic Act 1988 along with The Highway Code – Guidance. For example if a speeding car fails to stop, colliding with another vehicle on the road, those injured would be eligible to make a personal injury claim.
  • Accidents at work – Every employer owes a duty of care to their employees to ensure their safety whilst performing work duties outlined in the Health and Safety at Work, etc. Act 1974. – For example, if your employer fails to provide you with manual handling training but asks you to conduct lifting and moving tasks should you be injured, you could have the right to make an accident at work claim.
  • Accident in a Public Place – The person and/or persons who occupy the public area owe a duty of care to all visitors who use the space for its intended purpose to ensure they are reasonably safe, which is outlined in the Occupiers’ Liability Act 1957. For example, a restaurant manager fails to clean up or signpost a spillage that they are aware of. If a customer slipped and fell, they could claim compensation for the injury suffered.

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How Long Do I Have To Make A Personal Injury Claim?

The time frame for bringing a personal injury claim against the third party is 3 years from the date of the accident or the date you were made aware of the harm. This is outlined in the Limitation Act 1980. 

There are exceptions to the limitation period which we discuss in the next section.

If you would like to learn more about whether you are eligible to make a personal injury claim, call our advisors today.

Can I Claim Compensation On Someone Else’s Behalf?  

You can make a claim on behalf of someone else.

  • Should the person who had the accident be a minor (under 18), then a person over the age of eighteen can apply to the court to become a litigation friend on behalf of the minor and start the claim for them. A minor can not legally make their own claim. Therefore, whilst the injured party is a minor, the time limit is paused. It is only when the minor turns 18 that the 3-year time limit is reinstated.
  • Another exception to the rule is if the injured person is an adult but does not have the mental capacity to make their own claim. In that case, a person can make an application to become a litigation friend, and pursue the claim on their behalf. Again, the time limit here will be paused and will only begin if the injured party regains mental capacity.

Our expert solicitors can assist you in becoming a litigation friend, should this be the case.

If you believe that someone you know has suffered an accident but you thought it was too late due to their age or circumstances, then please get in touch with us to discuss this matter in further detail.

How Do I Prove A Personal Injury Claim?

It is really important to obtain as much evidence as you can, as this will assist with your claim and help us get you the best outcome after suffering harm.

Examples of this could be:

  • CCTV / Dashcam footage – this can be footage from a local authority, cars (dashcam) even a RING doorbell would support and assist as evidence.
  • Medical evidence – medical records.
  • Photographs – these can be of the location of where the accident took place. Defective equipment. Your injuries or anything else that would support your claim.
  • Witness details – obtaining witness contact details will allow one of our experts to contact the witness at a later date. They will be able to draft the witness statement, corroborating your version of events.

Any of the above would suffice as evidence in a personal injury claim.

Evidence book

How Is A Personal Injury Claim Calculated?

Claims are divided into both general damages and special damages. General damages are for your pain, suffering and loss of amenity including any mental anguish you may have incurred. However, special damages are for financial losses you may have had, details of which can be found in the next section.

The person responsible for valuing your claim with use both your medical report and a document known as the Judicial College Guidelines (JCG). Below is a table with the guidelines taken from this document and corresponding injuries.

Please note the first insert in the table has not been taken from the JCG.

InjurySeverityAmount
Multiple injuries inc special damagesExtremely SevereUp to £1,000.000 plus
Head and/or Brain injuryModerate (i)£183,190 to £267,340
Moderate (ii)£110,720 to £183,190
Moderate (iii)£52,550 to £110,720
Neck injurySevere (i)In the region of £181,020
Severe (ii)£80,240 to £159,770
Severe (iii)£55,500 to £68,330
Knee InjurySevere (i)£85,100 to £117,410
Severe (ii)£63,610 to £85,100
Severe (iii)£31,960 to £53,030

The amounts shown above are only guidelines and are not guaranteed due to every claim being different.

Can I Claim For Financial Losses Caused By My Injury?

Yes, you can claim for financial losses. These are what we call special damages.

Examples:

  • Loss of earnings, including future loss of earnings – Wage slips (pre and post-accident), which will allow us to calculate an average loss. If you are self-employed then we would require tax-returns.
  • Travel costs (to medical appointments) – Receipts or travel tickets for any travel you may have to do to get to essential medical appointments.
  • Care & Assistance (if someone has had to take care of you at any time) – Calculate the hours that someone has taken care of you, and we can potentially recover a loss.
  • Damaged goods (phone, clothing, bike, car) – Keep receipts, bank statements and anything that would prove that you owned the item that has been damaged.

Is Personal Injury Compensation Taxable?

The short answer is no; any compensation that you receive is not taxable.  Whether you receive the compensation in a lump sum or instalments, it is tax-free.

The reason for this is that most taxes are based on income and/or earnings, and compensation doesn’t fall into that category.

How Long Can A Personal Injury Claim Take?

It is difficult to say how long a personal injury claim will take, as each claim is different.

Therefore, it can depend on:

  • The extent of your injury – Completion of any rehabilitation that has been recommended – If a medical expert has recommended treatment such as CBT or physiotherapy.
  • Whether liability is disputed.
  • If the case needs to go to court.

Can I Make A Personal Injury Claim On A No Win No Fee Basis?

Making a personal injury claim with the help of a No Win No Fee Basis could make the whole process feel smoother and less stressful.

The benefits of working with a No Win No Fee solicitor are:

  • No upfront solicitor fees.
  • No solicitor fees as the case moves along.
  • Should the case fail, there are no solicitor fees to pay.

Working with our No Win No Fee expert personal injury solicitors means you only pay a success fee when you win your compensation claim. This fee is a legally capped percentage of your compensation which ultimately means you benefit the most.

Furthermore, you can learn more about us here.

We aim to provide you with the best legal advice. Contact us today using the details below:

Useful Resources About Claiming Personal Injury Compensation

Below are some additional guides for you to look over.

Here are some more useful resources.

Can I Make A Personal Injury Claim After 3 Years?

The time limit to begin a personal injury claim is laid out by the Limitation Act 1980. This states that claims should generally be started within 3 years from the date you were injured or three years from when you discovered negligence.

However, there are some exceptions that mean you can bring forward a claim after 3 years. These exceptions include:

  • Persons under the age of 18 at the time of the injury – will have 3 years to begin a claim from their eighteenth birthday. Alternatively, the courts could appoint a suitable person to act as a litigation friend to claim on the injured person’s behalf.
  • Persons who lack the mental capacity to make a claim – if a recovery is made, they will generally have 3 years from their recovery date to start their claim. Similarly to the above, a suitable person could apply to the courts to put forward a claim, as a litigation friend, on the person’s behalf.

Please speak to one of our advisors as soon as possible to learn more about the personal injury claim time limit and its exceptions. They are available 24/7 and can offer advice on whether your claim may be within the relevant time limit.

Who Pays Costs In Personal Injury Claims?

Insurance companies often pay costs in personal injury claims, for example, business insurance or car insurance companies.

However, there are some instances where third parties do not have insurance. For example, if you were injured in a hit and run accident and do not know the driver’s identity, you could claim through the Motor Insurers’ Bureau. They compensate victims injured in a car accident where the driver at fault is either uninsured or untraceable.

Have you been injured in a road traffic accident? Or maybe an accident at work? Find out more about compensation payouts in the following section.

How Much Money Can You Get From A Personal Injury Claim?

It is difficult to provide an average amount of personal injury compensation as the unique details of each case determine the settlement amount awarded. Therefore, we will look at the ways in which a settlement is calculated.

For a successful personal injury claim, there are two potential heads of claim that you could receive a payout under:

  • General damages – account for the psychological effect as well as physical pain and suffering your injuries caused.
  • Special damages – account for the past and future monetary losses resulting from your injuries, such as loss of earnings, travel expenses and care costs.

In relation to special damages, it is important that you collect evidence of any financial losses that you suffer. This could include payslips, travel tickets and invoices.

What Happens If I Lose My Personal Injury Claim?

If your claim is unsuccessful, you will not receive personal injury compensation for your injuries. However, by speaking to a legal professional at the start of the process, you can gain insight into the eligibility of your claim and the likelihood of its success.

As every claim is unique, there is no guarantee that your claim will be successful.

Please speak to our advisors to find out what course of action could be suitable for your claim.

Do Personal Injury Settlements Get Taxed?

Generally, compensation awarded for a successful personal injury claim does not get taxed. If you opt to use a solicitor, they will discuss the amount of compensation you could be eligible to receive. Additionally, they will be knowledgeable about any potential costs that could arise during the claims process.

Please contact our advisors for more information.

Do Personal Injury Claims Go To Court?

It is possible for personal injury claims to go to court. However, most of them do not, as they are settled before that happens. Negotiations will take place based on the evidence available, which is why gathering evidence is crucial to your claim.

Also, if you discuss the details of your case with a legal professional, they could offer insight into the likelihood of your claim’s success and whether they think it could go to court.

Speak to our advisors to enquire about the eligibility of your claim.

More Information On Personal Injury Claims

We have lots more guides on personal injury claims which you can browse below: