What Happens If I Lose My Personal Injury Claim?
By Lewis Cobain. Last Updated 17th August 2023. Have you suffered harm after someone failed to provide you with a duty of care? If so, you may have valid grounds to seek compensation. However, it’s important to be aware of all possible outcomes of a claim, both successful and unsuccessful. For that reason, our guide will explore the question: what happens if I lose my personal injury claim?
What happens if I lose my personal injury claim guide
We understand that you may not have decided to put forward a claim yet for various reasons. For instance, you may have concerns about the costs of legal representation. Alternatively, you may feel overwhelmed by the complexity of the process and need further information before you proceed.
No matter what stage you’re up to, our guide could help. We want you to be prepared, so we’ll focus mainly on the contingencies you could put in place should your claim fail. However, we’ll also provide information on the process of making a claim.
If you have any questions whilst you’re reading this guide, you can contact our team at any time. They are available to talk you through any concerns or queries you may have. For more information, get in touch on the contact details below:
- Call us on 0800 073 8804
- Send your inquiry using the contact form
- Chat with an advisor instantly using the live chat feature below
Select A Section
- A Guide On What Happens If I Lose My Personal Injury Claim
- What Is A Personal Injury Claim?
- Can You Lose A Personal Injury Claim?
- What Happens If I Lose My Personal Injury Claims? – The Process Of A Personal Injury Claim
- How To Prove Your Personal Injury Claim
- What Is The Value Of Personal Injury Claims Payouts In The UK?
- Could I Claim Compensation With A No Win No Fee Solicitor?
- Other Guides Related To Personal Injury Claims
A Guide On What Happens If I Lose My Personal Injury Claim
As you may be aware, there are various stages to making a personal injury claim. For instance, building up evidence to prove the accident happened and show the extent of your injuries. Our guide will explore the different evidence you may need to provide to support your case.
Additionally, evidence can help to value claims. This is often done using various forms of medical reports to assess the severity of your injuries. For that reason, it can be difficult to provide an average compensation amount. However, we have provided example figures to give you an idea of what your claim is worth.
Furthermore, when putting forward a claim, it can be helpful to have a solicitor representing you. However, we understand if you have concerns about the costs normally associated with legal representation. For that reason, our guide will look at the option of a No Win No Fee agreement and how it could benefit you.
Most importantly, this guide will look at the costs involved in this type of agreement. Before submitting your claim, your solicitor will make you aware of any costs involved. However, it can help to have some knowledge of them beforehand.
Remember, if you have any questions at any point, our team is available to help. Simply call us using the number at the top of the page, or read on to learn what happens if you lose your personal injury claim.
What Is A Personal Injury Claim?
A personal injury claim is when you claim against a party for the physical pain and mental suffering their negligence caused you.
There are various day-to-day situations in which you could be owed a duty of care. If a third party breaches this and you are injured as a result, you might be eligible to make a personal injury claim. Failing to adhere to the duty of care is known as negligence.
A duty of care is owed to you:
- In the workplace. This is set out in the Health and Safety at Work etc. Act 1974 (HASAWA) as your employer must take all reasonably practicable steps to ensure the health, safety and welfare at work of their employees.
- While using the roads. This is set out in the Road Traffic Act 1988 as drivers must navigate the roads in a way that reduces the risk of injury and damage to themselves and others.
- In public places. This is set out in the Occupiers’ Liability Act 1957 as those in control of a public space must ensure your reasonable safety.
As part of the personal injury claim process, you will be expected to prove that a third party’s negligence caused your injuries. For example, if you are injured in a car crash, you will need to prove that the other party breached the duty of care set out in the Road Traffic Act 1988. We look at evidence later in this guide.
You may want the support of a personal injury claim solicitor to help you navigate the claiming process. Later in this guide, we look at how a solicitor may support your claim under a No Win No Fee arrangement.
Call our advisors to discuss the stages of a personal injury claim in the UK.
Personal Injury Claim Time Limits
The time limit for personal injury claims is set out in the Limitation Act 1980. It is usually three years from the date of the accident, but there are exceptions in place.
Three years is not the time frame in which you must complete your claim; this is merely the time limit in which you will be expected to officially start your claim.
People aged under 18 cannot start a claim for themselves. A litigation friend can be appointed to represent them and start a claim on their behalf, or they can wait until they turn 18 to start a claim. They will then have three years to start their claim but do not face a time limit while they are under 18.
People who lack the mental capacity to represent themselves have a similar allowance in place. Their time limits are indefinitely suspended unless they gain the capacity to claim. In such cases, they will have three years to start a claim.
If you have any more questions about how to make a personal injury claim or the time limits for compensation claims, then please reach out to one of our advisers.
Can You Lose A Personal Injury Claim?
You may be wondering, ‘Can you lose a personal injury claim?’ There is no definite way to determine whether or not your claim will be successful. This is because all cases are different. Factors such as having sufficient evidence and submitting your claim within the limitation period could help support your claim.
If we look at data from the Compensation Recovery Unit (CRU), from 2022 to 2023, there were 542,457 settlements recorded in relation to various types of personal injury claims. During this time, £128.198m was awarded in compensation amounts. This suggests that it is always worth taking action if you have valid grounds to claim.
Continue reading, and we’ll answer the question: ‘What happens if I lose my personal injury claim?’ Alternatively, get in touch with our advisors if you would like to receive free advice for your specific claim.
What Happens If I Lose My Personal Injury Claim? – The Process Of A Personal Injury Claim
If you are thinking of making a personal injury claim, you may like to know what is involved. In this section, we investigate the personal injury claim process.
If you are eligible to claim, you will need to present the case to the defendant as a ‘letter of claim’. This should include injury details as well as their impact on your daily life. You should also include how you believe the defendant caused this harm and any details of your financial losses.
The defendant should respond to your letter of claim in a timely manner. They could reject or negotiate. If they rejected your claim, it could be because they need more evidence or time to investigate. If that is the case, they may negotiate afterwards.
Once an offer is accepted, by you or the defendant, the defendant typically has 14 days to pay the compensation.
You may appoint an injury claim solicitor to act on your behalf at any stage during the process. A solicitor may negotiate for you. Additionally, they could help gather supporting evidence and arrange for an independent medical assessment.
Call our advisors for a free claim assessment. If they believe you have a decent chance of recovering compensation, you could be passed onto our No Win No Fee solicitors.
How To Prove Your Personal Injury Claim
There is no guarantee that your claim will win, as many factors can affect the outcome. However, ensuring you have a strong personal injury claim can help you get one step closer to getting the compensation you deserve.
There are a few different steps you can take to build a strong case, such as:
- Seek medical attention: Not only is this beneficial to ensure you receive the correct treatment for your injuries, but it can also help provide important medical evidence. For instance, doctor or hospital reports outlining any treatment you received or diagnosis the doctor gave you.
- Gather evidence: It’s important that you have evidence to prove negligence occurred. For instance, CCTV or dashcam footage, police reports, or details of any witnesses.
- Speak to a solicitor: Although you have the option of claiming without legal representation, it can be beneficial in many ways to have the help of a solicitor. They can use their expert knowledge when handling your claim and can keep you informed during each stage.
Call our team using the number above for additional information on steps you can take to secure a compensation settlement.
What Is The Value Of Personal Injury Claims Payouts In The UK?
Part of the personal injury claims process involves legal professionals calculating how much you could be owed. The amount awarded in line with your pain and suffering is known as a general damages payment. It can vary depending on factors such as how long it takes you to recover and how badly you are injured.
When accident solicitors are making the necessary calculations, they make use of resources such as medical evidence and a publication called the Judicial College Guidelines (JCG).
We have included some example figures from the 2022 edition of the JCG in the table below – as it’s the latest edition. This should give you a rough idea as to the potential value of a general damages payment. However, you will need to have your claim assessed individually in order to gain a better understanding of how much you could be owed. All circumstances need to be taken into account.
You can do this by getting in touch with our advisors, or heading over to the compensation calculator on our website.
| Injury sustained | Details and severity of injury | Example Compensation Award |
|---|---|---|
| Brain Damage | Very Severe Brain Damage: The person will be dependent on others and will require continuous professional care. | £282,010 to £403,990 |
| Paraplegia | Different factors will be considered when determining the award, such as pain severity, psychological impact and age. | £219,070 to £284,260 |
| Arm Amputated | Where the arm has been amputated at the shoulder. | Not less than £137,160 |
| Severe leg injury | (ii) Multiple fractures that have required extensive treatment and years to heal. | £54,830 to £87,890 |
| Injuries to the pelvis and hip bone | Moderate: (i) Significant pelvis or hip injury that may result in a permanent disability that’s not major in nature. | £26,590 to £39,170 |
| Shoulder | (b) Serious: Shoulder dislocation with lower brachial plexus damage which results in symptoms such as shoulder and neck pain, weakness of grip and restricted movement in the shoulder. | £12,770 to £19,200 |
| Head | Minor brain or head injury: The person will have sustained minimal brain damage if any at all. | £2,210 to £12,770 |
| Digestive System – Damage resulting from traumatic injury | (iii) Example injuries include industrial laceration or seat-belt pressure of a serious nature. | £6,610 to £12,590 |
| Chest | Incidents where toxic fumes or smoke has been inhaled and left some damage but not enough to cause permanent issues with lung function. | £5,320 to £12,590 |
| Mental Anguish | A fear of reduced life expectancy. | £4,670 |
If the table doesn’t include your injuries, or you have any other questions on compensation, an advisor can help. They can provide you with a free valuation of your claim.
Additionally, they can provide further clarification on the process of assessing how much a claim is worth.
May Be Included In Special Damages Payouts?
Special damages allow you to be compensated for both past and future monetary losses. These might include:
- Earnings lost due to time off work
- Costs for additional care for yourself or someone you care for
- Travel expenses, such as for getting to and from doctors appointments or court hearings
- Medical expenses, such as walking aids, visual or hearing aids, or medication
However, they must have been directly incurred as a result of your injuries. Furthermore, you must have evidence to prove any losses. This could be in the form of:
- Receipts, e.g. bus or train tickets or prescription receipts
- Invoices, e.g. for home adaptations
- Payslips
Could I Claim Compensation With A No Win No Fee Solicitor?
Now that we’ve answered the question, ‘what happens if I lose my personal injury claim?’, you may be interested in learning why hiring a solicitor under a No Win No Fee agreement could benefit you. Solicitors that offer their services on this basis could offer you a type of No Win No Fee contract referred to as a Conditional Fee Agreement.
As part of this arrangement, you won’t pay your solicitor for their work if your claim is unsuccessful. If your claim succeeds, you pay a legally capped success fee from your personal injury compensation. Since the fee you pay is restricted under the Conditional Fee Agreements Order 2013, you won’t have to worry about any excess charges.
Other benefits typically include:
- No need to pay your solicitor an upfront fee
- Ongoing fees accrued during the personal injury claims process are covered
Contact us at a time convenient for you. Our advisors are available around the clock to answer any questions you may have about the stages of a personal injury claim in the UK.
Contact Our Team
Speak to our advisors, and they can confirm if you are eligible to claim.
- Call us on 0800 073 8804
- Send your inquiry using the contact form on our website
- Chat with an advisor instantly using the live chat feature below
Other Guides Related To Personal Injury Claim
- Has someone you know suffered harm in a care home? If so, our guide could help.
- See our case study guide exploring the process of claiming compensation for a broken wrist sustained in an accident at work.
- Did you sustain an injury after an accident on a public bus? If so, see our guide for further help.
- See the government guide on checking your insurance policies to see what cover you have after an accident.
- For any medical advice, visit the NHS website. Alternatively, speak to a trained medical professional.
- Visit the Health and Safety Executive website for further guidance on managing health and safety risks at work.
- Find out how to make a claim if you slipped on water in a bathroom with our helpful guide.
- There are different kinds of personal injury claims. Read our guide to learn more.
- You might also be able to claim for personal injuries at home. Our article offers more information.
Contact our advisors for more information on the question, ‘what happens if I lose my personal injury claim?’
