Have you been injured in an accident that was the fault of another party? If so, you might be eligible to seek personal injury compensation. This guide answers frequently asked questions regarding the claims process, eligibility criteria, how settlements are calculated, and what evidence you could gather to strengthen your case.
Additionally, we explain the duty of care certain third parties owe, including employers, occupiers, and road users, with regard to your health and safety. We also give examples of how this duty could be breached leading to an accident in which you suffer an injury.
Finally, we discuss the advantages of working with a solicitor under a No Win No Fee agreement and how the terms under which they offer their services mean you won’t require an upfront fee.
For more information about personal injury claims, please get in touch using the contact details below:
- Call 0800 408 7826 to get free advice.
- Contact us online to discuss your potential claim.
- Start the conversation through the chat function at the bottom of the guide.
Choose A Section
- What Is A Personal Injury Compensation Claim?
- What Is The Personal Injury Compensation Claims Process?
- How Long Do I Have To Claim Personal Injury Compensation?
- How Can I Prove A Personal Injury Claim?
- How Much Personal Injury Compensation Could You Receive?
- Why Claim Compensation On A No Win No Fee Basis?
- More Resources About Personal Injury Claims
What Is A Personal Injury Compensation Claim?
A personal injury compensation claim is legal action taken against a third party to seek compensation for injury.
However, in order to begin a personal injury claim you must demonstrate that:
- The third party owed a duty of care to you.
- They breached this duty to you.
- You can prove you suffered an injury as a result.
These points define negligence in tort law. All must apply for someone to be eligible to initiate legal proceedings.
Read on to learn more about the duty of care different third parties owe and how a breach could result in an accident causing injury. Alternatively, you can get in touch with an advisor using the number above to discuss your specific case.
Road Traffic Accidents
Road users have a care duty to each other. They must navigate the roads in a manner that prevents causing harm or damage to themselves and others. To properly adhere to and uphold their duty, road users need to comply with both the Road Traffic Act 1988 and the rules detailed in the Highway Code.
A failure to do so could result in a road traffic accident leading to injury. For example:
- A motorcyclist fails to adhere to the speed limit and causes a collision with a pedestrian in which you suffer a serious head injury.
- A motorist was looking at their mobile phone while driving and collided with you on a pedestrian crossing causing a pedestrian accident in which you to suffer a serious spinal injury and paralysis.
Accidents At Work
Employers owe a duty of care to their employees. The Health and Safety at Work etc. Act 1974 (HASAWA) outlines the reasonable and practicable steps they need to take to prevent employees from experiencing harm whilst they work. This includes performing regular risk assessments and ensuring the workplace environment and equipment are safe for use, as well as providing adequate training.
If an employer fails to adhere to their duty, it could lead to an accident at work in which you suffer harm. For example:
- Your employer provided you with a faulty ladder to use, despite being aware of the fault, resulting in you falling from a height. As a result, you suffer a severe back injury in the fall and other serious injuries, such as brain damage.
- Your employer didn’t provide you with necessary personal protective equipment (PPE) when working with hazardous chemicals, such as gloves, resulting in you suffering severe burns.
Accidents In A Public Place
Those in charge of a public space are known as occupiers. They have a duty of care to visitors as described in the Occupiers’ Liability Act 1957. This law requires them to ensure the reasonable safety of any person who visits the space for its intended purpose.
A failure to do so could lead to you suffering an injury in an accident in a public place. For example:
- There was a failure to attend to a spillage in a timely manner or signpost it as a hazard. As a result, a shopper slips and becomes badly injured fracturing their hip.
- Despite reports being made about a broken handrail in a restaurant stairwell, no steps are taken to address the hazard. As a result, the handrail gives way and causes a customer to fall and fracture their skull as well as suffer other severe injuries.
If you would like to discuss your specific circumstances, please get in touch with an advisor. They can help you understand whether you’re eligible to make an accident at work claim, road traffic accident claim, or public liability claim for personal injury compensation.
What Is The Personal Injury Compensation Claims Process?
When you make a personal injury compensation claim, as part of the process, the Pre-Action Protocol for Personal Injury Claims need to be followed. These are a list of actions that need to be taken as a way to resolve the issue without it needing to go to court. As such, the steps need to be taken before court proceedings can be initiated.
- Send a Letter of Notification. This is sent to the defendant informing them that you intend to make a personal injury claim.
- Rehabilitation. This stage involves all parties considering as soon as possible whether the claimant will need rehabilitation or medical treatment.
- Send a Letter of Claim. This letter details a clear summary of the facts concerning the accident and injury and the facts on which the claim is based.
- The Response. The defendant must reply to the Letter of Claim within 21 working days identifying the insurer. They will then have a maximum of three months from the date they acknowledge the Letter of Claim to investigate.
- Disclosure. This stage involves the exchange of relevant information that should help in clarifying or resolving any issues in dispute.
- Experts. An independent medical assessment should be arranged for the claimant to attend and a report be generated.
- Negotiations. This is where a Part 36 offer can be made and permits claimants and defendants to make offers to settle pre-proceedings.
- Alternative Dispute Resolution. If parties cannot agree, this stage allows them to try arbitration or mediation to resolve the issue. If the matter cannot be resolved here then legal proceedings will need to be initiated.
If you instruct a solicitor to represent you, they can carry out these actions on your behalf. Call an advisor on the number above to find out more.
How Long Do I Have To Claim Personal Injury Compensation?
Under the terms of the Limitation Act 1980, there is typically a three-year time limit in which to make a personal injury compensation claim. This starts from the date of the accident and the injury itself.
However, there can be alterations to this limitation period. For example:
- If the injured person is under 18, the time limit is paused and starts from the date they turn 18. This allows them until age 21 to start a claim themselves. Alternatively, an appointed litigation friend, such as a family member, can start a claim on behalf of the injured person while the time limit is paused.
- If they lack the mental capacity to claim, the time limit is paused indefinitely. A litigation friend can start the claim for them during this period. Alternatively, if they recover their capacity and no claim has already been started for them, the three years will begin from the recovery date.
If you have any questions about the time limits for personal injury claims, speak to a team member. They can help you understand how long you have to initiate legal proceedings when claiming compensation in your individual circumstances.
How Can I Prove A Personal Injury Claim?
Evidence that shows negligence occurred can help in supporting your personal injury claim. With this in mind, it’s important to gather as much evidence as you can, such as:
- Dashcam or CCTV footage that captured your accident.
- A diary that details your physical and emotional symptoms and any medical treatment you required.
- Copies of medical records, including X-rays, scans and specialists’s reports which can be acquired through seeking medical attention and attending medical appointments.
- For accidents at work, a copy of the incident report from the workplace accident book.
- Witness contact details so that a supporting statement can be collected at a later date.
- Pictures of your accident or injury.
A solicitor from our panel could help you with gathering evidence and build your case as part of the services they offer. To find out more, you can get in touch with an advisor to see whether you’re eligible to be connected to one of the expert personal injury solicitors from our panel.
How Much Personal Injury Compensation Could You Receive?
Personal injury compensation amounts can comprise up to two heads of loss. The first is general damages which compensates for the pain and suffering of your injuries; physical and/or psychological injuries. The second is special damages which compensates for the financial losses and out of pocket expenses incurred due to your injury.
To calculate the value of the general damages head of loss, reference can be made to medical evidence and documents like the Judicial College Guidelines (JCG) which provides guideline compensation brackets that correspond to various types of injury at different severities.
Below you can see a small excerpt from this publication. These are guideline amounts only, not guarantees. Each personal injury claim is different and settlements are calculated on a case-by-case basis.
Compensation Award Brackets
Please note, the first amount does not come from the JCG. You can use the table as an alternative to our compensation calculator.
| Injury Type | Severity | Notes | Guideline Compensation Brackets |
|---|---|---|---|
| Brain Damage | Very severe | The person needs full-time nursing care, has poor language function, and double incontinence. | £282,010 to £403,990 |
| Moderate (iii) | Memory and concentration are affected with a reduced ability to work and a small epilepsy risk but dependence on others is very limited. | £43,060 to £90,720 | |
| Paralysis | Quadriplegia | Upper and lower body paralysis with factors such as depression influencing the award given. | £324,600 to £403,990 |
| Paraplegia | Lower body paralysis with factors such as age and life expectancy influencing the award given. | £219,070 to £284,260 |
|
| Chest | Traumatic injury to chest, lung(s), and/or heart | Permanent damage, function impairment and physical disability. There is also a reduction of life expectancy. | £65,740 to £100,670 |
| Pelvis And Hips | Severe (i) | Extensive pelvis fractures involving a low back joint dislocation and ruptured bladder. | £78,400 to £130,930 |
| Arm | Less Severe | Significant disabilities but a substantial degree of recovery has happened or is expected. | £19,200 to £39,170 |
| Ankle | Moderate | Less serious disabilities from fractures and tears to ligaments. | £13,740 to £26,590 |
When Could You Receive Compensation For Financial Losses In Personal Injury Claims?
Special damages aim to reimburse you for the monetary losses suffered as a consequence of the injuries. Therefore, it’s important to assemble documented proof in the form of bank statements, receipts, wage slips and invoices.
If you have evidence, you could recover compensation for the following costs:
- Any loss of earnings, either current or future.
- Medical expenses.
- Domestic care costs.
- Travel costs for taxis or buses to essential hospital appointments due to being unable to drive.
Our experienced team can evaluate your claim and help you understand how much compensation you could be owed for a successful claim. So, why not call today to find out more?
Why Claim Compensation On A No Win No Fee Basis?
Our helpful team of advisors offer a free eligibility case check which can determine if you have valid grounds to launch a personal injury claim. They could connect you to a skilled personal injury solicitor off our panel with experience in helping eligible claimants seek compensation.
Additionally, our advisors offer their services under a version of a particular kind of No Win No Fee contract called a Conditional Fee Agreement (CFA). You can enjoy several advantages to starting a claim with a solicitor under a CFA. For example:
- No upfront or ongoing charges are required for the solicitor’s work.
- If the claim wins, a small percentage needs to be paid from the compensation as the solicitor’s success fee. This percentage is capped to ensure you receive the majority of your settlement.
- You will not owe a success fee if your claim fails.
For any further guidance on personal injury compensation claims, please get in touch with our team today. You can:
- Call 0800 408 7826 to get free advice.
- Contact us online to discuss your potential claim.
- Start the conversation through the chat function at the bottom of the guide.
More Resources About Personal Injury Claims
We also have other guides relating to personal injury claims:
- Information on how to calculate compensation for a broken collarbone and what a settlement could look like.
- Learn how compensation is calculated for a fatal road accident claim and who could start legal proceedings.
- Find out how to claim for a slip and fall and how compensation payouts are calculated.
More external resources:
- Here is some advice about slip and trips in the workplace from the Health and Safety Executive (HSE).
- Information about paying for your own care from the NHS.
- Some helpful road traffic accident statistics from the Department of Transport.
Thank you for reading this helpful guide answering questions frequently asked regarding claiming personal injury compensation. If you need any other information, get in touch using the number above.