In this guide, we’ll be explaining the personal injury claims process. We’ll be discussing what a personal injury claim is and outlining the criteria you’ll have to meet when making a claim.
Personal injury claims guide
These kinds of claims can potentially be made if someone has been injured due to a third party’s negligence. If they can prove that this is the case, then you may be due compensation for the injuries that you’ve sustained. We’ll further explore what this means in this guide and the information you’ll need to provide to see if you have a valid claim.
Later on in the guide, we’ll also be exploring what a No Win No Fee agreement means and how this can be financially beneficial to you when making a personal injury claim with legal representation.
If you’re interested in seeing if you could begin a claim, or simply want some free legal advice, then getting in touch using the contact details below will be beneficial for you. Once in contact with our advisors, you can discuss your personal injury claim. Provided you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
To get in touch:
- Call us on 0113 460 1216
- Fill out your details in the contact us section of our website
- Chat with one of our advisors by using the live chat feature on our website
Choose A Section
- Personal Injury Claims – A Guide
- What Types Of Personal Injury Claims Can I Make?
- Am I Able To Make A Personal Injury Claim After 3 Years?
- Who Is Eligible To Make Personal Injury Claims?
- What Is The Personal Injury Claim Process?
- How Are The Costs Paid In Personal Injury Claims?
- What Compensation Could I Recieve From A Personal Injury Claim?
- Personal Injury Claim Calculator – What Is My Potential Compensation Payout?
- What Can I Do If I Lose My Personal Injury Claim?
- Do Settlements From Personal Injury Claims Get Taxed?
- Is It Worth Making A Claim On A No Win No Fee Basis?
- How Often Do Personal Injury Claims Go To Court?
- Contact Us For Free Online Advice – See If You Can Claim Today
- More Information About Personal Injury Claims
Personal Injury Claims – A Guide
If you’ve suffered harm due to a third party’s negligence, you may be able to make a personal injury claim to receive compensation. This guide will explain this process and look at some of the factors you should consider in anticipation of making a claim.
It’s important to note that you would only be able to receive compensation if you can prove that your injury was caused by third-party negligence. We’ll explain this further in this guide, but essentially it means that someone who owed you a duty of care breached this duty and you were harmed as a result. The duty of care you’re owed might vary depending on where you are.
Further on in this guide, we’ll explore the types of compensation brackets you might be owed if you’re successful in your personal injury claim and the process you’ll undergo when trying to receive compensation. We’ll also be exploring what No Win No Fee agreements are and how they can be an attractive option when looking for legal representation.
If you’re interested in making a claim, then you can contact our advisors for 24/7 legal advice by using the contact details above.
What Types Of Personal Injury Claims Can I Make?
When making a personal injury claim, it’s important to understand that your claim will not be successful without sufficient evidence to prove your personal injury was caused by third-party negligence. This is the case in all personal injury claims.
Certain accidents, such as slips trips and falls, could occur in a number of different environments. Below are just a few different types of personal injury claim groups for which you can claim with the correct evidence:
Road traffic accident claims
A road traffic accident can involve different types of road users, such as pedestrians, cyclists, drivers or motorcyclists. Each of these types of road users has a duty of care to everyone else on the road. The duty of care for road users is set out in the Road Traffic Act 1988. Furthermore, the Highway Code is a set of guidelines and requirements on the road. Anything that is a legal requirement in the Highway Code will be backed up in law.
Accidents in public places
The duty of care you’re owed in a public place is set out in the Occupiers’ Liability Act 1957. This states that the party in control of a space must ensure the reasonable safety of visitors that use the space for the intended purpose. Public liability claims could be made if this is breached, resulting in injury.
Fatal accident claims
Fatal accident claims could be made after a fatal injury resulted from third-party negligence. A fatal injury claim could take into account the pain and suffering of the deceased and the impact that their death has had on surviving loved ones.
Accidents at work
Every employer owes their employees a duty of care to take reasonable steps to ensure the safety of their employees. This is set out in the Health and Safety at Work etc. Act 1974. If accidents at work occur that are caused by a breach of this duty, this could be grounds for an accident at work claim.
Am I Able To Make A Personal Injury Claim After 3 Years?
Even though every personal injury claim will be unique, the standard time limit to make a claim after an injury is three years. This is outlined in The Limitation Act 1980 and applies to starting the claim; it can take as long as it needs to settle. In a few instances, though, exceptions can be made.
If a claimant lacks the mental capacity to make a claim, then the time limit for claiming is suspended. A litigation friend could make a claim for them at any point while this suspension applies. This is also the case if a person is under eighteen when their injury occurred.
However, if a person regains the mental capacity to make a claim, then they have three years from the date that they regained their ability to claim. Similarly, someone under eighteen will have three years from the date they turn eighteen.
Who Is Eligible To Make Personal Injury Claims?
To be eligible to make a claim, you should have evidence to support your claim. Valid evidence could include:
- Dashcam footage or CCTV footage
- Details of witnesses
- Medical records
- A report from the accident book (if applicable)
As well as this, financial losses that have been caused by an injury can be claimed back if supported with financial evidence; this can include bank statements, receipts, or invoices. We will take a closer look at the heads that could make up your settlements later in this guide.
What Is The Personal Injury Claim Process?
Ultimately, when making a personal injury claim, you should supply as much evidence as possible. This will give you the best chance of being awarded the compensation you deserve for your injuries.
Pre-action protocols are steps that must be taken in a claim; they aim to prevent the claim from going to court. These steps can include a letter informing the defendant that you intend to make a claim and the exchange of evidence between the two parties. However, the pre-action protocols that need to be followed might vary depending on the kind of claim that you make.
Speak with our team today for free legal advice on claiming compensation.
How Are The Costs Paid In Personal Injury Claims?
In personal injury claims, the costs are covered by the at-fault party. Tn some cases, it may be covered by an insurance company.
For example, it’s a legal requirement for employers to have employer liability insurance. This insurance policy would pay out the value of any claims made against the company by an employee for negligence. Similarly, the insurer of an at-fault vehicle in a road traffic accident would
What Compensation Could I Recieve From A Personal Injury Claim?
When making a personal injury claim, it’s important to note that there are multiple heads that could make up your overall compensation total. These are general and special damages, which each aim to compensate you for different ways that you have been affected by your injuries.
General damages cover the pain, suffering and loss of amenity that your injuries have caused you. Special damages cover the financial impact of the accident in which you were injured.
It’s important to note that while your claim can include general damages without special damages being awarded, you must be paid general damages in order to be entitled to special damages.
Personal Injury Claim Calculator – What Is My Potential Compensation Payout?
Below is a table detailing compensation brackets that are taken from the Judicial College and are used by solicitors to help assign a value to your compensation settlement.
Note that every claim is entirely unique, meaning that the compensation figures featured in the table below are not guaranteed.
| Injury | Compensation | Notes |
|---|---|---|
| Injuries affecting sight | In the region of £403,990 | (a) Total Blindness and Deafness: Ranking with the injuries that can cause the most devastation. |
| Chest Injuries | £100,670 - £150,110 | (a): Total removal of one lung and/or severe heart damage with prolonged suffering |
| Chest Injuries | £31,310 - £54,830 | (c) Damage to chest and lung(s) causing a continuous disability. |
| Back Injuries | £38,780 - £69,730 | (b) Moderate (i): Cases where disability is less severe than brackets above this one, but spinal fusion will be necessary. |
| Arm Injuries | £39,170 - £59,860 | (b) Injuries Resulting in Permanent and Substantial Disablement: Significant residual disability which is either functional or cosmetic. |
| Arm Injuries | £19,200 - £39,170 | (c) Less Severe Injury: A substantial degree of recovery will have taken place or will take place. |
| Leg Injuries | £39,200 - £54,830 | (b) Severe Leg Injuries (iii): Injuries resulting in prolonged treatment, a large period of time without weight bearing on the leg, and a near certainty that arthritis will follow. |
| Wrist injuries | £24,500 - £39,170 | (b) Injury resulting in permanent disability, but there is some remaining movement. |
| Knee Injuries | £14,840 - £26,190 | (b) Moderate (i): Injuries which include dislocation or torn cartilage. Resulting in minor instability, wasting, weakness, or another mild future disability. |
| Ankle Injuries | £13,740 - £26,590 | (c) Moderate: Fractures and other similar injuries resulting in less serious disabilities. Future risk of osteoarthritis |
Special damages can cover financial losses such as loss of earnings, medical costs and the cost of travel. You may be expected to provide evidence of this in order to be fully compensated. For example, you could provide receipts and invoices to demonstrate costs you have incurred.
What Can I Do If I Lose My Personal Injury Claim?
If you lose your claim, you will not receive any compensation for your injury. Whilst a solicitor will assess the eligibility of your claim and your likelihood of success before your claim begins, due to the uniqueness of each claim, a solicitor will never be able to guarantee a successful outcome.
Do Settlements From Personal Injury Claims Get Taxed?
Generally, compensation that you receive from personal injury claims will not be taxed. A solicitor will give you an idea of how much compensation you may receive following a successful claim before you agree to use their services.
Is It Worth Working With A Lawyer On A No Win No Fee Basis?
When making a personal injury claim, you may find it beneficial to use a No Win No Fee solicitor. Some of the benefits of No Win No Fee solicitors include generally:
- Not having to pay upfront costs or costs as your claim progresses
- Not being asked to pay your lawyer for the work they’ve done if the claim fails
- Paying a legally capped success fee when your claim is successful
Our panel of solicitors can work under a No Win No Fee agreement and have experience in various kinds of claims. A solicitor will only take your case on this basis if they believe you to have a good chance of making a successful claim.
How Often Do Personal Injury Claims Go To Court?
The majority of claims will not go to court. As we have already mentioned, the pre-action protocols are in place to prevent claims from going to court. This is because it’s a costly process.
Contact Us For Free Online Advice – See If You Can Claim Today
To see if you’re eligible to claim or to get more information on the subject of personal injury claims, you can contact us anytime. In one phone call with an advisor, you could have a compensation estimate.
You can contact us by:
- Calling us on 0113 460 1216
- Filling out your details in the contact us section of our website
- Chatting with one of our advisors by using the live chat feature on our website
More Information About Personal Injury Claims
If you’d like to learn more about personal injury claims, then you can follow these links to other guides we’ve published related to this topic.
- Employee Claims Guide
- How To Find The Best Construction Accident Solicitors For You
- How To Find Quality Personal Injury Solicitors
Additionally, if you’d prefer, then below are a few external links providing more information:
Read More Of Our Personal Injury Claims Guides
Below, you can find links to more of our guides:
- How to claim compensation for a brain injury
- What is a mesothelioma case worth?
- How to claim compensation for an ankle injury
- Learn about claiming after suffering a torn bicep
- Personal injury claims guidelines
- A guide to neck injury claims
- Wrist injury claims – an overview
- How to find serious injury solicitors
- How to make a knee injury claim
Writer Louis Pen
Publisher Fern Stringer