Welcome to our guide on claiming personal injury compensation. If you are interested in learning more about the accident claims process and how a solicitor could help, read on. Whether you’ve suffered one or multiple injuries, it’s essential to know how to build a strong claim for compensation and this guide can help.
Below you’ll find information on who is eligible to claim. As well as some examples of common types of personal injuries in the workplace, on the roads or due to medical negligence. We explore how injury claims in the UK work and how compensation could be awarded if successful. Evidence is fundamental to a claim so we explain what you might be able to use to strengthen your case.
Our dedicated team of advisors are on hand to help answer any questions you might have as you read. In addition to this, they can offer an immediate case check for you with no obligation. If your claim appears strong and you’d like to access excellent legal representation, they could connect you to a personal injury specialist from our panel to launch your claim today. Find out more:
- Talk to a dedicated advisor on 0800 408 7826
- Try our live discussion window to get started.
- Contact us online using the call-back form.
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What Is Personal Injury Compensation?
Personal injury compensation is money that can be awarded to people after a successful claim against a third party who breached a duty of care. If this caused them physical, psychological and financial harm, a legal action can be launched to recover damages. Compensation amounts vary from person to person and the amount is either agreed upon between the two parties involved or awarded at the discretion of the courts.
Who Is Eligible To Make A Personal Injury Claim In The UK?
To be eligible to launch a personal injury compensation claim, you need to show that the third party involved breached their duty of care to your safety and that this caused the injury. In tort law, three criteria must be met to claim for negligence:
- At the moment of injury, a duty of care applied.
- This was breached by the liable third party.
- You were injured as a result.
If your claim meets these three criteria, it could qualify for assistance from a personal injury lawyer on our panel. Call our team on the contact options above to learn more.
Common Types Of Personal Compensation Claims
Personal injuries can occur in a number of different places where a duty of care applies. The main ones are as follows:
Road Traffic Accidents
Road users must navigate carefully and avoid causing harm to others on the roads. This is the duty of care that all road users owe to one another. As part of compliance with this, they must adhere to the Road Traffic Act 1988 and the obligations in the Highway Code. If another road user caused your injuries through a breach of this legal obligation, you could be eligible to launch a road traffic accident claim.
A breach in the duty of care on the roads has the potential to cause very serious injuries. An example would be if a motorist was speeding above the legal limit and as a result caused a collision in which someone else suffered a broken leg or a serious brain injury.
Workplace Injuries
A duty of care applies in all UK workplaces. The employer must take reasonable and practicable steps to ensure that workers are prevented from being harmed whilst carrying out their duties. This is detailed in the Health and Safety at Work etc Act 1974 (HASAWA). If your employer fails to comply with this duty and you suffer injuries, you could make an accident at work claim.
An example of a breach in the duty of care here would be if an employer failed to carry out a risk assessment for working at height. Because of this, an employee suffered a slip, trip or fall on scaffolding and because of a lack of railing, sustained a serious head injury and broken bones due to falling from a height.
Public Liability
While out and about in public spaces, the occupier of that space (the individual or organisation in charge of it) owes you a duty of care to ensure your reasonable safety while using the premises for its intended purpose. This is set out in the Occupiers’ Liability Act 1957. If the occupier fails to see to your reasonable safety and you sustain an injury on that premises as a result, you could have good grounds to start a public liability claim.
For example, if a spillage in a supermarket is cleared, sign-posted or otherwise made reasonably safe, you could slip and fall, sustaining a broken wrist.
Medical Negligence
All healthcare practitioners need to meet certain professional standards when it comes to the delivery of medical services. This is the duty of care medical professionals automatically owe to their patients. Avoidable harm caused by the failure to provide healthcare that meets the expected standard is called medical negligence. You may have a valid claim for this unnecessary harm if you can prove a breach of the duty of care caused it.
For example, all of the symptoms that you present with are not considered by your GP, leading to a delayed diagnosis. Due to this delay, your initial condition worsens.
Each injury scenario will differ. With this in mind, if you feel that the third party in question failed to adhere to their obligation to protect your safety, speak to our team about your legal options. If you have a valid claim for personal injury compensation, you could be connected to one of the No Win No Fee solicitors from our panel.
How Much Compensation Could You Receive?
Personal injury claims that are successful can see compensation awards drawn from two areas of loss. Firstly, general damages apply an amount for the actual pain, suffering and psychological anguish caused during the incident.
Those responsible for affixing a value to general damages can look at medical evidence that has been put forward as proof. They can also consult publications like the Judicial College Guidelines (JCG) to arrive at an appropriate figure.
This publication provides award guidelines for various personal injuries based on location and severity. The excerpt below provides an example of some of the figures found in the JCG, but please bear in mind these amounts are only ever intended to be guidelines. Every personal injury compensation claim will differ depending on the individual circumstances. Furthermore, the first line is not from the JCG:
Compensation Guidelines
| Area of Injury | How Severe? | Compensation Guidelines | Definition |
|---|---|---|---|
| Multiple, severe injury and special damages award. | Severe | Up to £1 million plus. | Cases of severe and multiple injury as well as care expenses, lost earnings and medical treatments. |
| Head | (a) Very Severe | £344,150 to £493,000 | Cases of profound and severe disability, requiring constant professional care. |
| Chest | (a) Serious | £122,850 up to £183,190 | Serious heart and/or lung damage with pain and suffering as well as scarring. |
| Neck | (a) Severe (i) | In area of £181,020 | Examples of incomplete paraplegia and spastic quadriparesis. |
| Leg | (iv) Below Knee Amputation of One Leg | £119,570 up to £162,290 | Typical of a traumatic amputation as the result of an accident. |
| Arm | (a) Severe | £117,360 up to £159,770 | Injuries that just fall short of amputation bur render the limb little better off. |
| Psychiatric Harm (General) | (a) Severe | £66,920 up to £141,240 | A significant and permanent mental health injury that impacts all areas of life. |
| Knee | (a) Severe (ii) | £63,610 up to £85,100 | Fractures that carry on into the knee joint, permanently limiting movement. |
| Hip/Pelvis | (a) Severe (iii) | £47,810 up to £64,070 | Acetabulum fractures that lead to degenerative changes. |
| Hand | (f) Severe Finger Fracture | Up to £44,840 | Cases where partial amputation may cause deformity, weakened grip and loss of sensation. |
Special Damages
It is necessary to have documented evidence of these out-of-pocket costs in order to claim special damages. Also, special damages apply only in conjunction with general damages. Any financial harm claimed must be the result of the physical or mental injuries. You may have some of the following:
- Payslips that indicate how the injuries impacted your ability to earn a living.
- Proof of private medical expenses.
- Receipts for the costs of adaptations in your home or car to deal with a new disability.
- Proof of the paid amounts to anyone who cared for you.
If you choose to consult a solicitor, they could alert you to other amounts that could be included as part of your settlement. Why not take the first step of speaking to our advisors to see if your claim qualifies for professional support?
How Personal Injury Claims Work In The UK
When launching a claim for personal injury compensation, a certain process must be adhered to. This is known as the Pre-action Protocol. This Protocol can be quite complex and requires compliance with certain time-sensitivies. However, it can settle your personal injury claim before it gets to court. Although you are free to undertake the personal injury claims process yourself, it makes sense to see if an experienced solicitor could handle your claim.
Finding A Solicitor And Claiming On A No Win No Fee basis
One action open to eligible clients is to seek legal representation. If your case meets the criteria we looked at above, a solicitor from our panel could handle your personal injury claim under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). This offers a host of benefits, for example:
- Under a CFA, there are no immediate fees to pay to the solicitor to start work on your claim.
- No payment for services applies as the claim moves ahead.
- If the claim fails, the solicitors acting under a CFA typically require no payment for completed services.
- If the claim succeeds, a small percentage of the compensation awarded is deducted as a success fee for your legal team. This amount is subject to a legal restriction, which means the majority of the compensation goes directly to you.
With this in mind, why not take a moment to see if our panel of solicitors could help you in this way? Simply speak to our advisors to learn more.
Understanding Time Limits
Typically there is a three-year time limit for starting a personal injury claim as outlined in the Limitation Act 1980. This is paused for those under 18 and frozen for those without sufficient mental capacity. A litigation friend can be appointed to act on behalf of these two groups immediately.
Alternatively, if no claim has been made, the minor has 3 years to claim themselves from the date they turn 18. Or, in the case of injured parties without the mental capacity to manage a claim for personal injury compensation, they will have three years from the date that mental capacity returns.
To find out if you are still within the limitation period, speak with a member of our advisory team.
Do I Need To Collect Evidence For My Claim
Evidence that a duty of care was breached and caused harm is crucial for personal injury claims. Below is a list of certain types of evidence that could help support your claim for personal injury compensation:
- Any available CCTV footage which filmed the accident.
- In addition to this, photos or mobile phone footage of the injuries are useful.
- The contact information for any eyewitnesses. Should you decide to appoint a solicitor, they can approach these people for a supporting statement at a later point.
- Medical records relating to your injuries. This can include X-rays, scans, proof of prescription medication or the reports from ant specialists who needed to take a look at you.
Evidence like this can form the foundations of a successful personal injury case, but you could nonetheless have a viable claim without all of it. Call to discuss your particular circumstances with our advisors.
The Role Of Insurers
Insurance companies are the groups that actually pay compensation out. It’s a legal requirement to carry valid insurance at work and on the roads. Additionally, those in charge of a premises may have public liability insurance in place. Call to discuss anything you need to know about the role of insurers in settling your personal injury claim.
How A Solicitor From Our Panel Can Help You
Whilst you can launch a personal injury claim on your own, it makes sense to see if a solicitor from our panel could help. Their expertise and insights could enable you to strengthen your claim in the following ways:
- They can offer expert advice on what evidence to gather.
- They can calculate your losses with much greater accuracy.
- They can assess long-term predicted losses, such as care costs or forfeited future earnings.
- Furthermore, the solicitors can advise you on the best time to accept a suitable settlement offer.
A personal injury claim can usually be submitted only once, so you must put forward the strongest argument for compensation the first time. Call our advisory team on the contact options above to find out if you are eligible to work with a personal injury solicitor from our panel.
This guide has covered a lot of information and we hope it has been helpful. If you’d like to chat about any of the points raised, we invite you to:
- Talk to a dedicated advisor on 0800 408 7826 about how personal injury solicitors could help you.
- Try our live discussion window below.
- Contact us online to see if you can claim compensation.
Additional Resources From Our Website
The broad focus of this guide was personal injury compensation claims. These other resources from our website offer a more detailed look at related topics:
- Here is a guide for claiming as a passenger in a car accident.
- In addition to this, read how personal injury lawyers determine what your claim is worth here.
- Also, you can read about calculating compensation for medical negligence claims.
External links to help:
- This guide to workers’ health and safety from the Health and Safety Executive (HSE).
- Also, here is advice on when to call 999 by the NHS.
- In addition to this, read about Statutory Sick Pay (SSP) for time off work injured or sick.
Thank you for your interest in this guide about personal injury compensation. Our advisory team is ready to help with any questions or queries that you have about the personal injury compensation claims process, so please get in touch.