How To Get More Money From A Personal Injury Claim?
By Stephen Burke. Last Updated 18th August 2021. If you’ve been involved in an accident which wasn’t your fault, you may be entitled to compensation for any suffering caused by the accident. Ensuring you receive the right amount of compensation is really important. If you settle for a low amount, it could end up costing you hundreds or thousands of pounds in the future. Therefore, in this guide, we’re going to look at how to get more money from a personal injury claim. Personal injury claims can include injuries sustained in a road traffic accident, a workplace accident or an accident in a public place. Whatever the type of claim, we’ll provide information that could help ensure you’re compensated fairly.
How to get more money from a personal injury claim
Legal Expert offers personal injury compensation claims advice for free. We can assess any claim on a no-obligation basis. If a member of our team believes that your claim is viable, then you could be referred to one of our personal injury solicitors. Any case they take on is done so on a No Win No Fee basis.
Our advisors could help you begin your claim today. Simply call 0800 073 8804 to speak with a member of our team. Alternatively, to find out how to maximise a personal injury claim, please continue reading.
Select A Section
- A Guide On How To Get More Money From A Personal Injury Claim
- What Is A Personal Injury Claim?
- Collecting And Preserving Evidence Of Your Accident And Injury
- See A Doctor Or Hospital For Treatment
- Don’t Accept The First Offer You Get
- Make Sure Your Settlement Assesses Future Costs
- Ensure You Build A Solid Case
- Make Sure You File Your Case Within A Three Year Period
- Personal Injury Claims Compensation Calculator
- What Are Special Damages And How Do I Maximise Them?
- Maximising A No Win, No Fee Claim
- Start Your Personal Injury Claim
- Essential References
A Guide On How To Get More Money From A Personal Injury Claim
Compensation paid out in personal injury claims is designed to cover the pain, suffering and loss of amenity caused by your injuries. It’s also used to compensate you for any financial losses incurred as a result of the accident. It’s important that the right amount of compensation is claimed because once you’ve settled with the other party involved, you can’t go back and ask for more. That’s why we’re going to provide advice on how to get more money from a personal injury claim.
Remember, it’s not about gaining compensation unfairly. The advice we’re going to provide is to try and ensure you don’t settle for too little. We’ll explain what you’re entitled to claim for, how the claims process works and how much you can claim for a personal injury.
One key piece of advice is to have a specialist personal injury lawyer on your side. That’s because the claims process can be tricky and the solicitor will have experience regarding what evidence is required, how to compile the claim and when a settlement offer is fair or not.
As we progress through this guide, we’ll try to answer some common questions such as:
- How is a personal injury settlement determined?
- How can I get money for pain and suffering?
- And, how are personal injury cases won?
If at any time you have any queries or would like to begin your claim, simply call the number at the top of the screen. Our advisors will answer any outstanding questions and provide free legal advice on your options. Remember, any claim our solicitors take on is on a No Win No Fee basis.
What Is A Personal Injury Claim?
There are many different types of personal injury claims. They can include:
- An accident at work.
- Road traffic accidents (RTAs).
- Accidents in public places (shops, schools, car parks, train stations etc).
- Food poisoning illnesses.
To be eligible to claim compensation, you’ll need to demonstrate that:
- You were involved in an accident caused by somebody who owed you a duty of care.
- The responsible party had been negligent or breached the duties of care they owed to you.
- And, as a result of the negligence, you were injured, became ill or suffered a financial loss.
Duty of care can be determined by different pieces of legislation. For instance:
- Employers have a duty of care to ensure staff safety because of the Health and Safety at Work etc. Act 1974.
- Road users have a duty of care to other road users because of the Highway Code.
- Businesses have a duty of care towards customers because of the Occupiers’ Liability Act 1957.
To help prove negligence and injuries, evidence will be needed. Therefore, in the next sections of this guide, we’ll provide advice on the evidence you could use.
Collecting And Preserving Evidence Of Your Accident And Injury
When we’re asked, “How do I maximise my personal injury claim?”, we’ll often explain that evidence is the best way. The more evidence you can supply, the harder it is for the defendant’s legal team to deny what happened, who was at fault and how you suffered.
Therefore, if you are involved in an accident, to help improve your chances of being compensated correctly, you could:
- Take photographs of the accident scene. Do this as soon as possible and before the cause of the accident has been removed or repaired.
- Seek medical treatment (we’ll cover why this is important in the next section).
- Collect details of any witnesses who saw what happened.
- Report the accident where possible. This could involve reporting an RTA to the police. Also, accidents at work and in public places should be logged in an accident book.
- Photograph any visible injuries.
- Obtain CCTV footage, where possible, or dashcam footage in car crashes.
Each piece of evidence you can supply can improve your chances of receiving the correct amount of compensation. For instance, without a copy of an accident report, the defendant could claim that the accident didn’t take place at all. Or, they could suggest that the injuries you’re claiming for weren’t as a result of the accident. Therefore, taking the steps above, although time-consuming, could help ensure your case is successful and the compensation amount is fair.
See A Doctor Or Hospital For Treatment
As mentioned in the previous section, medical records can be used as evidence to support your claim. As you’ll see later in this guide, compensation known as general damages is paid based on the severity of your injuries.
Following an accident, we advise that you seek medical treatment from your GP or a doctor at A&E. This will ensure your injuries are assessed and treated so that your recovery can begin.
At a later date, you could ask for a copy of your medical records. These can then be used to demonstrate what injuries you sustained, the medical advice you received, any treatment performed and the medication you had to take.
Don’t Accept The First Offer You Get
It can be quite tempting to accept the first offer that’s made once the defendant has admitted liability. The problem is, though, that when settling a personal injury claim with an insurance company, they’ll be acting in their own interests and not yours. This means the amount offered is likely to be less than what you’re entitled to.
Your solicitor will need to demonstrate to them why the offer isn’t adequate. This goes back to evidence you’ve provided. You’re unlikely to receive a better offer if you simply argue that the offer isn’t high enough. Having a specialist solicitor on your side, who’s armed with the knowledge of the claims process and ample evidence to support the claim, means they could reject the offer and argue the case so that you receive more compensation.
Make Sure Your Settlement Assesses Future Costs
Another way of getting more money from a personal injury claim is to ensure any future costs are considered. Therefore, you should ask for a breakdown of what any settlement offer includes.
As mentioned earlier, when you agree to settle a claim, there’s no going back and asking for further compensation later on. This means that you need to ensure the amount you receive will cover any future losses such as lost income, care costs and medical costs. Your solicitor will help you to work out whether you’re likely to suffer financial losses for several months, years or the rest of your life. These losses should all be included in your compensation payment.
Ensure You Build A Solid Case
Another reason for using a specialist solicitor is that they will understand what’s needed to try and ensure you are compensated fully. It’s important not to rush into making a claim. Taking each step at a time and reviewing the claim fully should mean you understand the impact of your injuries.
For instance, rather than relying on medical records alone, our solicitors will arrange for a medical assessment by an independent doctor as part of the claims process. This report will demonstrate how you suffered, the impact your injuries have caused and whether there will be any long-term suffering.
Make Sure You File Your Case Within The Three-Year Period
When asked, “How do I get more money from my personal injury claim?”, one key piece of advice is to claim within the statutory claims time limit. The personal injury claims time limit is 3-years from the date of the accident. In some cases, the time limit can begin from the date you found out about the injuries or illness, if this is later.
Although that seems a long time, you should contact your solicitor as soon as possible. That’s because, if you want to receive a full and fair settlement, the solicitor will need time to gather evidence, speak to witnesses, arrange a medical assessment, present your case to the defendant and attempt to negotiate a settlement. This all takes time. When solicitors don’t have enough time to prepare, the claim might not be successful, or you might not receive the right amount of compensation.
If you’re claiming on behalf of your child, you can do so at any point before they turn 18. If that doesn’t happen, then when they become an adult they can make their own claim before their 21st birthday.
Personal Injury Claims Compensation Calculator
If you’re awarded compensation, you may find it consists of two heads of claim: general damages and special damages. Now we’re going to look at the first part, general damages. This is designed to compensate you for the pain, suffering and loss of amenity caused by your injuries. As every claim is unique and each claimant is affected differently, it’s impossible to provide exact compensation estimates in this guide. However, when you call to discuss your claim, we could provide a personalised assessment for you.
The personal injury claims calculator table below shows some figures for different injuries.
| Claim Type | Severity | Compensation | Notes |
|---|---|---|---|
| Neck Injury | Moderate | Up to £36,120 | Injuries that include fractures or dislocations which result in immediate severe symtpoms that could require spinal fusion. |
| Neck Injury | Minor | Up to £4,080 | Soft tissue injuries of the neck where fully recover occurs, without surgery, within a year. |
| Back Injury | Severe | Up to £65,440 | Disc lesions, fractured discs or soft tissue injuries which cause chronic suffering which cause symptoms like severe pain even after treatment. |
| Back Injury | Minor | Up to £7,410 | Injuries which fully recover within 3 month to 2 years without surgery. |
| Shoulder Injury | Fracture | Up to £11,490 | This category covers a fractured collarbone (clavicle). |
| Arm Injury | Fracture | Up to £18,020 | This category covers simple fractures of the forearm. |
| Elbow Injury | Moderate | Up to £11,820 | Cases such as a fracture, lacerations and tennis elbow syndrome. |
| Pelvis Injury | Moderate | Up to £24,950 | Injuries that mean the claimant requires a hip replacement. |
| Leg Injury | Moderate | Up to £36,790 | Includes complicated or multiple fractures and severe crushing injuries. Factors considered include the amount of treatment, muscle wasting and limitation of joint movements. |
| Knee Injury | Severe | Up to £40,770 | Injuries which cause continuing pain, discomfort, limitation of movement, deformity and where remedial surgery may be required in the future. |
| Ankle | Moderate | Up to £24,950 | Includes fractures and torn ligaments which cause disabilities like difficulty standing or walking for long periods. |
This is just a sample of injuries that could be claimed for, don’t worry if yours isn’t listed. Also, it’s worth bearing in mind that if you’ve suffered multiple injuries, you can claim for each. The figures come from a legal document known as the Judicial College Guidelines which are used by courts, solicitors and insurance companies to determine the value of claims. Again, evidence such as medical records can help ensure you receive the right amount of compensation because the figures listed are based on the severity of your injuries.
Remember, these figures are just one part of your potential compensation package. We’ll look at what else could be claimed for in the next section.
What Are Special Damages And How Do I Maximise Them?
As well as general damages, your solicitor can also claim for special damages. These are paid to cover financial losses caused by your injuries. They’re designed to ensure that, financially, you’re no worse off than you were before the accident occurred. There are many different elements of special damages. Your solicitor will work with you to determine what losses, or future losses, you could claim for. Here are some examples of special damages:
Medical Costs
During your recovery, you may need to pay for prescriptions or over the counter medication. Therefore, these costs could be claimed back. It’s also possible that you might need to pay for non-NHS treatments. Finally, if your injuries are going to be long-term, you could include the cost of medication and treatment for the future too.
Care Costs
While recovering, you might need to receive assistance from a carer. If that’s the case, any costs involved could be included in your claim. For instance, you could claim for the cost of a professional carer or for the time of a friend who cared for you. For more serious, long-term, injuries, permanent care might be required. These costs could also be claimed for.
Home Modifications
In some cases, where an accident leaves you with a disability, it might mean you need to modify your home. This might involve redesigning the property for wheelchair access, fitting lifts or hoists or fitting a wet room. If these things are required as a result of your injuries, you could claim the costs back.
Travelling Costs
Initially, while receiving treatment for your injuries, you might incur fuel and parking costs. These could also be included in your claim. For longer-term injuries, if you’re unable to drive any more, you could claim for the cost of alternative travel arrangements.
Property Damage
Another thing you could include in your claim is the cost of replacing or repairing personal property that was damaged in your accident. This might include clothing, phones, watches or jewellery.
Lost Income
If your employer doesn’t pay full sick pay, you could lose income when off work recovering or attending medical appointments. You could claim back those losses too.
Future Loss Of Earnings
Finally, where there is an impact on your ability to work, you could claim for future lost earnings. If you’re able to work, but not in the same role as before, then the difference in salary would be considered. Also, factors like your age, current salary and job prospects will all be used to determine how much compensation you’ll receive.
To help prove a special damages claim, you’ll need to supply evidence. This can be in the form of wage slips, bank statements and receipts. It might be a good idea to keep a diary of your expenses. That way, when your solicitor wants to review your claim with you, it’s easier to explain your spending.
Finally, we’d advise that you speak with your solicitor before committing to an expense. They’ll be able to advise you if you are likely to be able to claim it back or not.
Maximising A No Win No Fee Claim
Beginning a personal injury claim is often the hardest part of the process. For many people, it’s the financial cost of hiring a solicitor which puts them off claiming. That’s why our solicitors work on a No Win No Fee basis. This makes people a lot more confident in pursuing compensation because the financial risk is vastly reduced.
To begin the claims process, a solicitor needs to check the claim has a chance of success. If they believe the case is strong enough, they’ll prepare a No Win No Fee agreement for you. Legally this is called a Conditional Fee Agreement (CFA).
The CFA will explain that there are no up-front fees to pay and also that there are no fees to pay during the claim. Furthermore, it will explain that the solicitor’s fees don’t have to be paid if a claim is unsuccessful.
If the claim is won, the solicitor may ask for a small contribution towards their fees, which would be deducted from your compensation. This is known as a success fee. The size of the success fee is legally capped and will be listed in the CFA so there are no surprises when the claim is settled.
To find out whether you could claim using our No Win, No Fee service, please get in touch today.
Start Your Personal Injury Claim
Thanks for reading this guide about maximising compensation payments for personal injury claims. We hope that, if you’ve decided to claim, you’d like to use Legal Expert to help you. If that’s the case, here are our contact details:
- Call a friendly member of our team on 0800 073 8804 for free claims advice.
- Connect with us using our live chat facility.
- Ask for a call back at a convenient time by completing this claim form.
- Or, if you prefer, you can email details of your claim to info@legalexpert.co.uk
As discussed, we offer completely free advice about claims in the hope that you’ll let us help you begin a claim. We also provide a no-obligation assessment of your claim. If it’s strong enough, we could introduce you to one of our solicitors who work on a No Win No Fee basis. So, let us work out if you have a valid claim by calling Legal Expert today.
Essential References
We hope that you now know how to get more money from your personal injury claim. To assist you further, we’ve provided some links to more guides like this one and some other external resources too.
Accident At Work Claims – Information on when you could be entitled to compensation following an accident at work.
Supermarket Accident Claims – A guide looking at what types of accidents in a supermarket could lead to compensation.
No Win No Fee Claims – A more detailed look at how the No Win, No Fee claims process works.
Personal Injury Claims FAQ – if you have questions about making a personal injury claim, this guide may answer them.
The Health And Safety Executive – The HSE is the government body that oversees health and safety in the workplace.
RoSPA – The Royal Society for the Prevention of Accidents is a UK-based charity.
UK Legislation – A useful website that contains information on all legislation referred to in this guide.
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If there is any further information you require, please contact us using the number above.
