This guide will explain the personal injury claims guidelines that are relevant when making a personal injury claim for compensation. In this guide, you will learn how a personal injury claims calculator works as well as all the information needed to make a claim for compensation.
From our guidelines, you will understand what personal injury claims are, the time limits that apply as well as the criteria for a valid claim. We’ve also included information on the evidence you need to provide for the personal injury claim process.
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- What Are The Personal Injury Claims Guidelines?
- Criteria For A Personal Injury Claim
- How Could An Accident Meet The Personal Injury Claims Guidelines?
- Compensation Payouts For Injuries
- Why Might I Use A No Win No Fee Solicitor?
- Learn More About The Personal Injury Claims Guidelines
If you’ve been injured as the result of negligence, then you might be able to make a personal injury claim. In order to claim, you would need to show that a breach of duty of care led to you being injured.
In several scenarios, you’re owed a duty of care. For example:
- While at work- Your employer owes you a duty of care and needs to take reasonably practicable steps to protect your safety while you’re at work.
- On the road- All road users have a duty of care to prevent road traffic accidents from occurring.
- In a public place- The person in control of the space owes a duty of care and should take steps to ensure that the space is fit for use for the intended purpose.
If you’ve been injured because of a breach of duty of care, you could be entitled to claim. However, you would need to be able to demonstrate that you sustained injuries as a result of the negligence.
For more information on the personal injury claims guidelines, speak with an advisor today.
In order to make a claim, you would need to show that:
- Your employer, the occupier of a public space, or road user owed you a duty of care.
- The employer, owner or occupier, or road user breached this duty of care.
- The negligence and breach of duty of care caused you a physical or psychological injury.
You also need to ensure that you’re claiming within the appropriate timeframe. There is a three-year time limit that applies to starting a claim generally. However, some exceptions can apply:
- If you are under 18 when the incident happened, the time limit is suspended while you’re still a minor. A litigation friend can claim for you during this time. If you haven’t made a claim by the time you turn 18, you have three years to claim yourself.
- If you lack the mental capacity to claim, a litigation friend can do this for you too. While you don’t have the capacity to claim, the time limit is suspended. It starts again in the event that you regain the capacity to claim.
Our advisors can offer you free legal advice on personal injury claims guidelines; simply get in touch today.
Personal Injury Statistics
Provisional road accident statistics for 2020/2021 show an 11% decrease in road deaths compared to 2020. It also shows a 9% decrease in casualties of all severities compared to the previous year. The same report shows that traffic casualties decreased by 5% compared to the previous year.
If you have been injured due to negligence, you may have a valid claim. However, you will need to show that you were injured because of a duty of care. Below, we have explained the duty of care you’re owed in different scenarios:
- On the road. When you’re on the road, everyone should act in a way that helps to keep others safe. Those road users who pose the greatest risk of injury also have the greatest responsibility toward more vulnerable road users. This duty of care is outlined in the Road Traffic Act 1988. The ways that road users should conduct themselves can be found in the Highway Code. Road users should conduct themselves in a way that reduces the risk of an accident happening that could lead to injuries.
- At work. The Health and Safety at Work etc. Act 1974 is the central piece of health and safety legislation that applies to workplaces. It states that your employer needs to take reasonably practicable steps to prevent you from being injured in an accident at work. For example, they should carry out risk assessments to identify risks and take steps to reduce them based on the results.
- In public. When you’re in a public space, you’re owed a duty of care by the person in control of the space. They’re referred to as the “occupier” in legislation, but they don’t need to physically occupy the space in order for the duty to apply. They should take steps to reduce or remove any risks to visitors that are present and display warning signs for hazards that cannot be removed.
For more information on the personal injury claims guidelines, speak with an advisor today.
When you make a claim, you can receive up to two different heads of claim. These are general damages and special damages.
General damages can compensate you for both physical and psychological injuries. They’re worked out with the help of a publication called the Judicial College Guidelines. In order to see how much you could be owed, you may also be invited to a medical assessment as part of your claim.
We have made the table below including figures from the latest version of these guidelines. However, please be advised that the amount you may receive could differ from the values shown below.
INJURY SEVERITY NOTES AMOUNT
Amputation of the Great Toe Serious Where the big toe has been lost In the region of £31,310
Post Traumatic Stress disorder (PTSD) Less Severe (d)
In this case only few symptoms if any remain. Recovery has been made within 1-2years. £1,540 to £5,860
Back Injury Minor d (ii)
Soft tissue injury that caused considerable pain with almost full recovery within a year. £4,350 to £7,890
Ankle Injury Moderate Fractures, ligamentous tears causing less serious disabilities such as difficulty in walking on uneven ground. £13,740 to £26,590
Hand Injury Moderate Crush injuries, penetrating wounds, soft tissue type, deep lacerations. £5,720 to £13,280
Eye Injury Minor cases include being struck in the eye, smoke, fumes or liquid in the eye, which causes pain and temporarily interferes with vision.
£3,950 to £8,730
Damage to hair (b) Bald patches on scalp due to hair pulled out, alopecia cases where full recovery has been made within 2years. £3,950 to £7,340
Fracture of cheekbones Simple fracture Some reconstructive surgery is usually needed but led to a complete recovery with minimal cosmetic scars. £4,350 to
Psychiatric damage Moderate Cases where there has been marked improvement in symptoms with a good prognosis. £5,860 to £19,070
Loss or Serious
Damage to Teeth (ii)
N/A Initial injury led to medical treatment, loss or serious damage of two front teeth £4,350 to
You could also receive special damages. Special damages relate to any financial loss or impact caused by your injuries. For example, you might have broken your leg and have to pay for taxis to and from work instead of being able to walk like you used to.
You will need to keep evidence of these costs and losses in order for them to be reimbursed. For example, you could keep hold of receipts or invoices to show what you have spent.
If you would like to speak with an advisor about the personal injury claims guidelines, get in touch with a member of our team today.
You may need help to fund legal representation to give your claim a good chance of success. A No Win No Fee agreement ensures you do not pay any upfront costs or any costs while the claim is going on.
You will pay a small percentage of your payout as legal fees only if your claim is successful. If your claim is unsuccessful, you do not have to pay any costs.
If you want to make a No Win No Fee claim, please get in touch. If your claim has a good chance of success, you could be connected with one of the personal injury solicitors from our panel.
You can find current personal injury claims guidelines at the web address below:
Government guide on Statutory Sick Pay (SSP)
RoSPA information on occupational safety
When to call 999 information from the NHS.
Below, you can find links to more of our guides on personal injury claims:
- A guide to personal injury claims
- How to claim compensation for a brain injury
- What is a mesothelioma case worth?
- A guide to the personal injury claims time limit
- How to claim compensation for an ankle injury
- Learn about claiming after suffering a torn tricep
- Slip trip and fall claims – see if you can claim compensation
- How to prove a personal injury claim
- A guide to No Win No Fee agreements
- A guide to neck injury claims
- Wrist injury claims – an overview
- What is a personal injury claim?
- How to find serious injury solicitors for personal injury claims
- Does an average payout for injuries at work claims exist?
For more information on the personal injury claims guidelines, speak with an advisor today. You could be connected with a No Win No Fee solicitor from our panel.