It is a fact of life that accidents happen. Sometimes they can’t be avoided, and you just have to deal with the consequences. However, some accidents can be attributed to somebody else’s mistake. When that happens, you may want to sue them for compensation if you are made ill or suffer an injury as a result of the accident. In this article, we are going to demonstrate when injuries caused by such accidents could lead to personal injury claims.
Later on, we will show some different types of accidents that could lead to a claim. In brief, though, you may wish to make a claim for an accident at work, a car accident, an accident in a supermarket or shop, an accident in a public place or for a slip, trip or fall. Basically, any type of accident that is caused by somebody else and leads to you suffering could make you eligible for compensation.
Further on in this article, we will explain how you could claim for your injuries using a personal injury solicitor. Also, we’ll look at how No Win No Fee claims can make the process less stressful. After that, we will move on to answer a list of commonly asked questions about personal injury claims. If at any point you would like to ask a question about your rights, please call a member of our team.
Get In Touch Today
We are here if you would like free legal advice on how to begin your claim. One of our advisors will guide you through the claims process and explain your options. They’ll start by listening to how you have been injured during a no-obligation telephone consultation. If your claim appears to have a reasonable chance of success, you could be partnered with a personal injury lawyer from our panel. If they agree to take your claim forward, they will provide their services on a No Win No Fee basis.
We are ready to discuss your claim today. If you would like to get in touch, you can call us on 0800 408 7826. To find out more about making a personal injury claim, please read the rest of this article.
About Personal Injury Claims
- What Are Personal Injury Claims?
- What Accidents And Injuries Could I Claim Compensation For?
- Does My Injury Qualify For Compensation?
- How Much Are Personal Injury Claims Worth?
- How Do No Win No Fee Accident Claims Work?
- FAQs On Making A Personal Injury Claim
- Related Guides
What Are Personal Injury Claims?
Personal injury claims are sometimes possible if you are injured following an accident that was caused by somebody else. Importantly, you will need to understand who was responsible for the accident to direct the claim correctly. Claims are possible against:
- The local council.
- Road users.
- An employer.
- The owner of a public place.
- The occupier of a public place.
- Central government bodies such as the Highways Agency.
It is not always clear cut who you should claim against. That’s because a tenant in a building might blame the owner and vice versa. For example, a retailer might argue that the shopping centre management is responsible for the safety of its buildings.
Our panel of lawyers specialises in personal injury claims. If there is any doubt about who is to blame for your case, they could review your case to ensure the correct party is claimed against. For free legal advice on starting your claim, please call today.
What Accidents And Injuries Could I Claim Compensation For?
In this section, we have listed some common things that result in personal injury claims. Our list isn’t comprehensive so don’t worry if your accident is not listed, because you could still be entitled to claim.
- Road traffic accidents (involving cars, public transport, motorcyclists or pedestrians).
- Accidents in the workplace (including industrial diseases).
- Fractured or broken bones.
- Head injuries.
- Accidents on holiday abroad.
- Glass lacerations.
- Retail accidents.
- Bar and nightclub accidents.
- Eye injuries.
- Care home accidents and abuse.
- Chronic pain diseases
- Slips, trips and falls.
- Criminal injury and abuse
- Child injuries.
- Leisure centre and gym injuries
- Burns and scalds.
- Medical or clinical negligence.
- Life-changing injuries.
- Fatal injuries.
Later on, you will find a personal injury calculator where you can assess how much your claim might be worth. Our team can provide a more personalised compensation estimate if you call in to discuss what happened. Please call today on the number above for a no-obligation review of your case.
Does My Injury Qualify For Compensation?
As mentioned in the opening paragraph, personal injury claims are sometimes possible if your injury was caused by somebody else. In legal terms, that means you will need to show that:
- The defendant owed you a duty of care.
- They were negligent and caused an accident to happen.
- You suffered at least one injury or were made ill because of the accident.
Legally, a duty of care is derived from different pieces of legislation. For instance, the Occupiers’ Liability Act 1957, places a duty of care on an occupier of premises (a retailer, for example) to see that visitors are “reasonably safe in using the premises”.
Evidence To Support Your Claim
Once you have shown that there is a legal duty of care on the defendant, you’ll need evidence that demonstrates that they caused the accident in which you were injured. This might be achievable if you take the following actions following an accident:
- Report the accident where possible. For example, if you are injured in a shop, inform a member of staff as soon as possible. This will mean an accident report is filed (a legal requirement). The report will detail what happened, the date of the accident and any injuries sustained.
- Take photographs. Try to capture the scene of the accident at the time it took place. That will mean you should get pictures that show the cause before it is repaired or removed.
- Ask for witnesses contact details. If you go on to claim, a personal injury solicitor may ask the witness for their version of events.
- Get any injuries treated. Rather than relying on first aid, you should visit A&E or a GP for your injuries to be treated. You could ask for copies of any medical records to verify the extent of your injuries and when they happened.
- Gather footage. If possible, you could use CCTV footage or dashcam recordings to show what led to the accident occurring.
- Ask the defendant for their details. If this is an individual, ask for their name and contact details. If it is a business, ask for the manager or owners name, the address and the name of who you spoke to.
Finally, it needs to be proven that any injury you claim for was caused by the accident and not any other reason. Without evidence of this, the defendant could admit liability for the accident but claim your injuries weren’t sustained in it. Therefore, getting medical treatment and reporting the accident are important steps to take.
The accident report will make it difficult for the defendant to deny that the accident took place. It will also confirm what injuries were reported at the time. Additionally, medical records can be used to prove when your injuries were diagnosed and what they were.
As you can see, there’s a lot more to personal injury claims than just asking for compensation. You don’t need to be a legal expert to make a claim though, as we offer free legal advice. Our team are happy to review your claim without obligation. If they believe you have a strong enough case, it could be referred to a personal injury lawyer from our panel. If you call us today, we will discuss your case with you to see if you’re eligible to claim.
How Much Are Personal Injury Claims Worth?
It is now time to look at potential compensation figures for some different injuries. While our personal injury compensation calculator table contains a lot of injuries, it is not a complete list, so don’t worry if yours isn’t listed.
The figures we have included are for general damages. That is the compensation that could be awarded for pain, suffering and loss of amenity caused as a result of your injuries. The data is taken from the Judicial College Guidelines (JCG), a document used to help determine the correct compensation amount.
|Type of Injury
|Level of Severity
|£51,460 to £61,690
|Where there is total loss of sight in a single eye. Cosmetic and psychological damage will be considered when settling the claim.
|Up to £3,710
|Eye injuries where the claimant has recovered completely in a period of around 2-weeks.
|£27,890 to £42,730
|Where there is severe tinnitus and also noise-induced hearing loss.
|£13,970 to £22,470
|Multiple facial bone fractures resulting in some form of permanent facial deformity.
|£3,710 to £4,790
|A displaced fracture of the nose requiring surgery but where full recovery occurs.
|£28,610 to £42,730
|This category covers very serious multiple fractures which require extensive treatment and cause permanent problems like restricted eating and severe pain.
|£23,460 to £36,120
|Fractures and dislocations of the neck that cause immediate severe symptoms.
|£4,080 to £7,410
|Soft tissue damage to the neck which heals, without any surgery, in around 1 to 2-years.
|£36,390 to £65,440
|Injuries including fractured discs, disc lesions or soft tissue injuries which cause chronic conditions that, despite surgery, difficulties remain.
|£2,300 to £7,410
|Soft tissue damage which heals in around 3-months to 2-years and where surgery is not needed.
|£11,980 to £18,020
|Pain in the neck and shoulder which is caused by damage to the lower brachial plexus and dislocation of the shoulder.
|Not less than £128,710
|This category is for a single arm amputated at the shoulder.
|£18,020 to £36,770
|A category that covers injuries that did cause significant disability but where a large amount of recovery is expected.
|Covers simple Colles' fractures of the wrist.
|£27,220 to £58,100
|Injuries in this category will effectively reduce use of the hand to around 50% capacity.
|£91,950 to £124,800
|Covers amputations of the leg below the knee. Operations without complications would be awarded an amount towards the bottom of the bracket.
|Up to £11,110
|This bracket is used for soft tissue injuries and simple fractures of the Fibula or Tibia bones.
|£65,440 to £90,290
|This category covers very serious knee injuries that cause gross ligament damage, osteoarthritis, disruption of the join, considerable pain and lengthy treatment.
|Up to £12,900
|Includes sprains, ligament injuries and minor undisplaced ankle fractures. Factors used in this category include whether complete recovery is achieved, loss of movement, arthritis, scarring and discomfort.
|£78,800 to £102,890
|Injuries in this category will cause severe and permanent pain.
|£12,900 to £23,460
|An example injury covered by this bracket is a displaced metatarsal fracture. Continuing symptoms and deformity will result and there might be a risk of long-term osteoarthritis.
To determine the severity of your injuries, a medical assessment will be required during your claim. If you work with a personal injury lawyer from our panel, they will book your appointment as locally as possible.
The medical assessment will be carried out by an independent specialist. They will use several techniques to determine how much you have suffered. This will include examining you, reviewing medical notes and asking you a series of questions.
After the meeting, the specialist will write a report that explains their findings and send it to your lawyer. As this report is the key method of evaluating your injuries, medical assessments are needed for all personal injury claims.
How Do No Win No Fee Accident Claims Work?
To give you access to justice with reduced financial risks, our panel of lawyers offer a No Win No service for every claim they accept. All in all, this method of funding your claim will usually make the claims process less stressful.
If the lawyer is happy to work for you after they’ve assessed your claim, they will provide you with a Conditional Fee Agreement (CFA). This will explain:
- What the lawyer needs to do to be paid.
- That payment is not needed upfront.
- No lawyer’s fees will be billed to you while they are still negotiating your case.
- If the claim doesn’t succeed, you are not responsible for any lawyer’s fees.
If there is a positive outcome, whereby you are paid compensation, the lawyer will deduct a success fee from your settlement. This is listed in the CFA as a percentage of your compensation (which is legally capped). The success fee is used to pay the cost of the lawyer’s work.
FAQs On Making A Personal Injury Claim
We are now going to look at some common questions that are asked by claimants when they call us. If you have any remaining questions that we have not answered, please call our specialists for free legal advice today.
How often do claims go to court?
Going to court can be quite stressful and might put you off from claiming. Luckily, very few personal injury claims end up in court. That’s largely because personal injury solicitors review claims before they are accepted and only take on cases with a reasonable chance of success.
Do I have to get a medical assessment?
Yes, all personal injury claims require a medical assessment. The report that is written following your assessment is crucial evidence that explains your injuries and your medical prognosis. Without a medical report, it would be impossible for the level of compensation to be agreed upon by your lawyer and the defendant’s insurer.
I didn’t take any time off work, could I still claim?
Yes, it could be possible to claim for injuries even if you did not take time off from work. Despite attending work, you still have the right to be compensated for any pain and suffering. Depending on your role, your ability to work might not be affected by your injuries.
Could I get an interim payment towards my case?
It is sometimes possible to receive an interim payment to help towards your expenses while your personal injury claim is being processed. They are sometimes necessary because you need funds to help with you recovery. This will only be possible if the defendant admits they are liable for your injuries. Alternatively, you could receive an interim payment if a court decides the case is likely to go your way.
What is the time limit on claiming for an accident?
Mostly, you will have 3-years to make your claim. The limitation period will usually begin from the date the accident happened. In some cases, you won’t be made aware of your injuries until many years later ( industrial illnesses, for example). Therefore, your time limit would start from the date of diagnosis.
Could I claim if I was partially to blame?
On occasion, a claim may be settled on a split-liability basis. That means that even if you were partly to blame for the accident, you could still receive compensation. The level of responsibility will be calculated on a percentage basis. Any compensation will then be reduced accordingly.
My child was injured, how do I claim on their behalf?
In law, children are not able to represent themselves in personal injury claims. However, that doesn’t stop a claim from being made. A parent (or another responsible adult) is able to represent the child as a litigation friend. When doing so, they will deal with proceedings on behalf of the child. In successful claims, a court will verify that any settlement is fair and will manage it via a trust fund.
What financial losses could I claim for?
Expenses or financial losses incurred as a result of your injuries could be covered by a special damages claim. If you have lost money because of your injuries, you could claim for care costs, travel costs, loss of earnings, modifications to your home or medical expenses. For injuries that have a negative effect on your ability to work, you could also seek damages for future lost income.
We do hope that our FAQs section has clarified when you’re able to claim compensation in a personal injury claim. If you would like us to advise you on your options, please call us today on 0800 408 7826. Alternatively, you can let us know about your claim via our online enquiry form. As a result of your call, you will receive free legal advice and could be partnered with a No Win No Fee personal injury lawyer from our panel.
Finally, in this section of our guide about beginning a personal injury claim on a No Win No Fee basis. Therefore, we have added a list of useful resources which may come in handy when making your claim. Again, if you would like to know more about how to claim, please call the number above today.
Brake Road Safety – Brake is a charity that supports people who are seriously injured in road crash accidents.
Health And Safety Guidance – This page from the Health and Safety Executive (HSE) lists various guides on workplace safety.
NHS Address Finder – A tool that may be handy if you need to request copies of your medical records during a claim.
The Health And Safety At Work Act 1974 – The primary piece of legislation that governs the safety of employees in the workplace.
Reporting An Accident To The Police – This tool allows you to report non-urgent road traffic accidents to the police online.
Check out more of our legal guides below:
- Check to see how much compensation you could claim
- How much compensation can you claim for a back injury?
- How to claim compensation for a broken arm
- How much compensation can you claim for a broken foot?
- Claim compensation for a crushed ankle injury
- How to claim compensation for a facial scar
- Broken foot compensation claims
- Claim compensation for a foot injury
- How much compensation can you get for a fractured leg?
- How much compensation can you claim for a wrist injury?
- Claim compensation for a broken ankle
- How to claim compensation for a broken leg
- Claim compensation for a fractured jaw
- Broken leg compensation claims
- Broken forearm compensation claims
- Make a claim for a torn Achilles tendon
- Broken thumb compensation claims
- Broken wrist compensation claims