Are you looking for an overview of personal injury law? Perhaps you suffered an injury at work, on the roads or in a public place because of someone else’s negligence. If so, this guide will clearly explain the personal injury claims process for seeking compensation.
We start by defining personal injury law and explaining some of the most common types of personal injury claims. We look at compensation – what it can cover and how it is calculated using medical reports and documented proof of financial loss.
After this, we discuss if you can make a personal injury claim by yourself. Or whether one may be much easier with expert legal representation from a personal injury solicitor. Our final section explains the benefits of seeking help through a type of No Win No Fee contract, like those offered by the solicitors on our panel.
Please feel free to contact as you read the sections below. Our dedicated team of advisors are happy to answer any questions you may have. Also, they can offer a free and immediate case assessment of the eligibility of your claim. Find out if your case qualifies:
- Call the team on 0330 0433 679 for free information about your personal injury case.
- Contact us about making a claim online.
Jump To A Section
- What Is Personal Injury Law?
- What Are The Most Common Types Of Claims Made Under Personal Injury Law?
- How Much Personal Injury Compensation Could I Receive?
- What Is The Personal Injury Law Claims Process?
- Can I Make A Personal Injury Claim By Myself?
- What Are The Benefits Of Making A No Win No Fee Claim?
- Learn More About How To Claim For Personal Injuries
What Is Personal Injury Law?
If you were harmed in an accident caused by someone else’s negligence or carelessness, you may feel that they should compensate you. Personal injury claims are treated as part of civil law and represent a formal request for this compensation. Compensation claims can be made against an employer, a public body or a responsible individual.
The claim may need to go to civil court for compensation to be decided. However, in the overwhelming majority of cases, personal injury claims can reach a resolution before needing to do this.
Personal injury law works from the premise that if a third party was responsible for harming you, they should be made to correct the problem. In cases of severe and permanent injury, there are limits to how much compensation can rectify. However, damages can help the victim of the negligence face the future with more confidence.
What Are The Most Common Types Of Claims Made Under Personal Injury Law?
For personal injury claims for compensation to be considered valid, the person needs to show three points:
- At the moment of injury, a duty of care was owed to you.
- The duty was breached.
- This directly caused or contributed to your suffering harm.
These points define negligence in tort law and all three need to apply to move ahead with a personal injury claim. Duty of care law applies in numerous places, the main examples as follows:
Accidents at Work
The Health and Safety at Work etc Act 1974 (HASAWA) applies a duty of care to all employers to prevent an accident at work. It states that they need to take practicable and reasonable steps to ensure that their employees are prevented from being harmed whilst performing their job role.
Road Traffic Accidents
All road users must prevent road traffic accidents involving themselves and others by driving safely. To fully comply with their duty of care, they need to adhere to the Road Traffic Act 1988 and additional obligations laid out in the Highway Code.
Accidents in Public Places
Those in charge of areas open to the general public owe them a duty of care also. The Occupiers’ Liability Act 1957 states that reasonable actions should be taken to implement the necessary safety measures to protect the general public. This applies whilst using their services and premises as intended, such as in a restaurant or on public transport.
How Much Personal Injury Compensation Could I Receive?
If a personal injury compensation claim is successful, the amount can be made up of two types or ‘heads’ of loss called general and special damages.
General damages assess the physical pain caused by the injury, as well as any psychological suffering, such as PTSD. It can also take into account the duration of the injury, whether permanent disability was caused and the overall impact on the person’s quality of life.
To apply a value to general damages, the legal personnel tasked with the calculations may look at medical reports and consult publications such as the Judicial College Guidelines (JCG). This publication details various award bracket suggestions for a general head-to-toe list of personal injuries based on how severe they are. Below you can see an excerpt from this:
Compensation Guidelines
| Type of Injury | Severity | Award Guidelines |
|---|---|---|
| Multiple types of severe injury plus special damage payment for lost income, medical expenses and professional care. | Severe | Up to £1 million plus. |
| Head | (a) Very Severe | £344,150 up to £493,000 |
| Arm | (a) Severe | £117,360 up to £159,770 |
| Chest | (a) Severe | £122,850 up to £183,190 |
| Psychiatric Harm (General) | (a) Severe | £66,920 up to £141,240 |
| Knee | (a) Severe (ii) | £63,610 up to £85,100 |
| Back | (a) Severe (iii) | £47,320 up to £85,100 |
| Pelvis/Hip | (b) Moderate (i) | £32,450 up to £47,810 |
| Neck | (b) Moderate (i) | £30,500 up to £46,970 |
| Ankle | (d) Modest | Up to £16,770 |
These are only suggested figures as all personal injury claims will differ. Also, our guide includes an amount at the top that does not come from the JCG.
The second head of loss called special damages reimburses the claimant for the financial harm they suffered because of the injury. Importantly, special damages are valid only alongside general damages and not on their own. The root cause of financial harm must always be physical and/or psychological injury.
However, you could be in a position to include them as part of a personal injury claim if you have the required documented evidence such as:
- Any wage slips that show a reduction or loss in income caused by time needed off work to recover.
- The receipts for payments to anyone who provided you with domestic help (such as cooking and cleaning).
- Tickets and receipts for essential travel, as well as petrol and parking receipts.
- Proof of payments to modify your home or vehicle to accommodate a permanent disability.
- Medical bills, proof of the costs of prescription medications or treatments.
It’s possible that you have other associated expenses. To check if they are eligible for inclusion in a personal injury claim, start by speaking to our dedicated team on the contact options above.
What Is The Personal Injury Law Claims Process?
Personal injury cases typically need to follow certain steps called Pre-Action Protocol. This demonstrate to the court that all options at resolution were tried before the case actually needed to be heard at trial. We look at some in detail below:
- Letter of Notification – This tells the defendant that a claim is being made and requires a response from them within 14 days of receipt.
- Rehabilitation – This is the opportunity for all concerned to consider the immediate medical needs of the injured person and how they might be addressed.
- Letter of Claim – Two copies of this are sent to the defendant and their insurer and it should provide a clear summary of the circumstances of the accident as well as the level of injury and associated financial loss involved.
- The Response – The defendant has 21 calendar days (from the post date of the letter) to respond. After this, the defendant has 3 months in which to investigate, contest or amend any particulars of the claim.
- Alternative Dispute Resolution – This offers an opportunity for mediation/arbitration. The aim is to resolve the dispute without having to commence legal proceedings.
For more information on the various stages of personal injury compensation claims, reach out to our dedicated team of advisors.
Can I Make A Personal Injury Claim By Myself?
Hiring representation for a personal injury claim is not a legal requirement. However, the claims process can become very time-consuming and complex. Naturally, it would help a claim if you could access a lawyer’s expertise.
The solicitors on our panel have been confidently handling every stage of the compensation claim process for their clients for decades. They offer excellent services such as:
- Helping to collect supporting evidence and interview witnesses.
- Calculating potential compensation more precisely.
- Explaining legal terminology and dealing with court requests.
- Submitting the personal injury claims within the time limit.
Rather than tackle all this alone, it makes sense to see if a personal injury solicitor from our panel could help first. Connect with the team on the contact options above to see if your claim qualifies for help.
What Are The Benefits Of Making A No Win No Fee Claim?
If you have concerns about the cost of appointing personal injury solicitors, we can help. The solicitors on our panel offer their services via a type of No Win No Fee contract called a Conditional Fee Agreement (CFA) and this offers numerous benefits:
- Under a CFA there are no initial fees for the solicitors to start work on the claim.
- No solicitor fees apply for their services as the claim progresses forward.
- No solicitors fees apply for completed services at all if the claim is unsuccessful.
- A success fee applies if the claim wins. This fee amount is a small percentage of the overall compensation and is subject to a legal limit. Ensuring that the claimant is always the primary beneficiary of the payout.
It takes just a moment to see if personal injury lawyers could take up your claim. Simply connect with the advisors for a free assessment. You can:
- Call the team on 0330 0433 679 for free information about your personal injury case.
- Contact us about making a claim online.
Learn More About How To Claim For Personal Injuries
The focus of this guide was an overview of personal injury law and how to start legal action. To offer further information, please follow these links:
- This guide explores the benefits of using a personal injury lawyer.
- Also, here you can read about public liability claim lawyers after injury in a public place.
- In addition to this, read more about No Win No Fee agreements.
Some external resources:
- Read about the pre-actional protocol steps that apply in most personal injury claims.
- Also, some reading on compensation after personal injury from GOV.UK.
- Information on personal injury lawyers from the Law Society here.
In conclusion, thank you for your interest in this overview of personal injury law. We hope it has helped clarify the personal injury claims process and if we can assist in any other way, please connect with the team.
