Our guide will look at some general FAQs about personal injury compensation. After being injured because of third-party negligence in the workplace, public areas or roads, you might be wondering if you are eligible to claim.
This guide will look at the criteria you need to meet in order to be eligible to claim, as well as examples of how accidental injury could occur. We will also address the tools that legal professionals use to help them when assigning personal injury claims with values.
As you read the sections below, we encourage you to get in touch with our team at any point. We offer readers a free case assessment of eligibility. If you have a strong claim, we could connect you with a personal injury solicitor from our panel who could offer a No Win No Fee agreement. To find out more right now, you can:
- Call our advisors on 0113 460 1216
- Find out about making a claim online
- Use the live chat feature below.
Select A Section
- When Are You Able To Make A Personal Injury Claim?
- How Much Personal Injury Compensation Could You Receive From A Successful Claim?
- What Is The Time Limit To Make A Personal Injury Claim?
- What Evidence Can Help You When Making A Claim For Personal Injury?
- Why Make A Personal Injury Claim On A No Win No Fee Basis?
- Read More About How To Claim Personal Injury Compensation
There are eligibility criteria for starting a personal injury compensation claim. Firstly, you need to show that the party who caused your injuries owed you a duty of care. Then you need to show that you suffered an injury because they breached their duty.
Below we look at some of the areas in which an accident could occur as the result of a breach of duty. If you have any questions, please don’t hesitate to speak with an advisor today.
Road Traffic Accidents
The Road Traffic Act 1988 sets out the duty of care on the roads. Road users should act in a way that prevents accidents that could result in injury. If you have been injured by a driver’s breach of duty on the road, you could be entitled to make a car accident claim.
Road users should also follow the guidance in the Highway Code; some of the code is legally binding. Below are some examples of how a road traffic accident could occur:
- A driver is under the influence of drink and drugs, which causes them to drift onto the wrong side of the road, causing a head-on collision with another vehicle.
- An HGV driver fails to leave the right stopping distance between them and the car in front, causing a rear-end collision
- Failing to check at a junction before turning onto main road results in a driver hitting a cyclist.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 requires those in control of an area that the public can access to ensure the reasonable safety of visitors. Failure to apply this duty of care could result in:
- A member of the public tripping or slipping on a broken floor surface
- A visitor experiencing a fall from a height because of a faulty handrail
- Someone experiencing a burn injury in a buffet because a hot surface was not labelled as such
Accidents At Work
Section 2 of the Health and Safety at Work etc Act 1974 (HASAWA) outlines how employers have a duty of care to ensure the health, safety and welfare at work of all employees as much as is reasonably practicable. Failure to do so that results in injury could result in a workplace accident claim. Some examples of how a breach in this duty of care could cause employee injury include:
- An employer provides faulty tools, such as a broken ladder, and an employee suffers a fall trying to use it
- A wet floor is left without appropriate hazard signs, and this causes an employee to slip and suffer injury
- An employer fails to ensure personal protective equipment (PPE) is supplied to staff that they need to safely perform their job.
Speak to our team for free guidance on your specific case. You could be connected with a lawyer from our panel if it’s valid.
Settlements in successful personal injury claims can be made up of two heads of claim. General damages, the first of these, compensate you for the pain, suffering and long-term health impact on quality of life caused by the accident in which you were injured.
To value this head of a claim, a legal professional can compare evidence such as medical records to compensation brackets from a document called the Judicial College Guidelines (JCG). It’s important to note that these are guide figures only; we have included some of them in the table below for your reference.
|Area of Injury||Severity||Award Bracket||Definition|
|Head||(c) Moderate (ii)||£90,720 to £150,110||Cases which cause a moderate to modest deficit of intellect and where the ability to work is greatly reduced or removed.|
|Neck||(b) Moderate (i)||£24,990 to £38,490||Fractures and dislocations that cause symptoms severe enough to warrant spinal fusion surgery.|
|Wrist||(b) Wrist Injuries||£24,500 to £39,170||Cases of significant permanent disability, but where some useful movement remains in the wrist.|
|Arm||(c) Less Severe Injuries||£19,200 to £39,170||Despite a significant initial disability, there is (or is expected to be) a substantial degree of recovery.|
|Leg||(c) Less Serious Leg Injuries||£17,960 to £27,760||Fractures that leave an incomplete recovery. Also serious soft tissue injuries may fall in this award bracket.|
|Ankle||(c) Moderate||£13,740 to £26,590||Fractures and ligament tears that give rise to less serious disabilities including difficulty standing for long periods or walking on uneven ground.|
|Knee||(b) Moderate (i)||£14,840 to £26,190||Cases which involve dislocation and torn cartilage or meniscus issues, causing instability and other mild future disabilities over a period of years.|
|Foot||(f) Moderate||£13,740 to £24,990||Metatarsal fractures that result in permanent deformity and potentially cause a risk of long-term osteoarthritis.|
|Back||(b) Moderate (ii)||£12,510 to £27,760||Cases of disturbed ligaments and muscles that can give rise to backache which prolongs or speeds up pre-existing back conditions.|
|Shoulder||(c) Moderate||£7,890 to £12,770||Frozen shoulder issues that cause limited movement and discomfort. Symptoms that persist for about two years.|
How Do I Claim Special Damages In Personal Injury Claims?
The second head of compensation that you could receive is special damages. This reimburses you for money that you have spent or lost because of the injuries. Evidence is needed to claim special damages. This can include:
- Wage slips that show a loss in earnings because you were unable to work
- The cost of medical treatments
- Travel costs
- Prescription charges
- The expense of domestic help.
A personal injury solicitor can help you assemble evidence. Their expertise can ensure that all expenses are included in your claim, such as future lost earnings or the cost of medical treatments. Call our advisors to learn more.
The standard time limit for a personal injury claim is three years, as outlined in the Limitation Act 1980. This usually starts from the date of the accident; however, there are some exceptions to this.
If the injured person is under 18, for example, the limitation period is suspended until they turn 18. Once they come of age, they have until the age of 21 to launch their claim.
Alternatively, a litigation friend can be appointed by the courts to start a claim on their behalf at any point while the time limit suspension applies. Only one claim can be made, so if a litigation friend does claim on their behalf while they’re underage, the injured party won’t be able to claim again once they turn 18.
To find out more about the exceptions that apply to the general claim time limit, speak with a member of our team today.
Collecting evidence is an important factor when pursuing personal injury compensation, as it can help you prove your claim. Below we have listed some examples of proof you could obtain:
- CCTV and dashcam footage
- A diary that details how the incident has affected you
- Copies of medical evidence, such as specialists’ reports and X-rays
- Contact details for anyone who witnessed the accident and is willing to provide a supporting account at a later date.
For more help with evidence, call our team for a free case assessment. They can see if a member from our panel could take up your claim.
Our panel of solicitors can offer their services in a No Win No Fee capacity to eligible claimants. This means that you could start a personal injury compensation claim without the need for any upfront or ongoing fees.
If the claim is unsuccessful, the solicitors require no payment for work completed on your case. Claims that are a success require a small (and capped) percentage taken from the payout. This ensures that the claimant receives the bulk of the compensation award made.
To find out if this service could help you start a personal injury compensation claim, get in touch with our advisors. You can:
- Call our advisors on 0113 460 1216
- Find out about making a claim online
- Use the live chat feature below.
These external resources may provide useful information:
- Information on how to prevent slips and trips and falls from the Royal Society for the Prevention of Accidents (RoSPA)
- Advice on road safety from Think!
- Lastly, some workplace accident statistics from the Health and Safety Executive.
In addition to guidance on personal injury compensation in general, our links below offer more reading on a range of topics:
- Claim Settlement Figures For PTSD Sufferers
- How To Find Serious Injury Solicitors
- Tips For Making A Terminal Injury Claim
- What Is A Personal Injury Claim?
- How Do Personal Injury Claims Work?
- What Is The Personal Injury Claims Time Limit?
- Can I Claim Compensation After Suffering Lung Damage?
- Could I Claim Any Compensation For A Torn Quadricep?
- Life-Changing Injuries That You Can Claim Compensation For
- How To File A Claim After Suffering A Torn Tricep
- How To Find Quality Personal Injury Solicitors
- How To Make A Successful Knee Injury Claim
- The Definition Of No Win No Fee Agreements
- Valuing Compensation For A Hand Injury Claim
- What Can Someone Get For A Toe Injury Claim?
- What Is A Torn Bicep Claim Worth In Compensation?
- Compensation Payouts For A Torn Hamstring
- What You Need To Know About Neck Injury Claims
- No Win No Fee Agreements Explained
- What Is The Maximum Compensation For An Ankle Injury?
- How To Calculate Compensation For A Thumb Injury Claim
- What Is The Value Of A Wrist Injury Compensation Claim?
- Can I File A Claim For A Broken Great Toe?
- What Could I Get For A Shopping Centre Accident Claim?
- How To Make A Claim For Tetraplegia
- Personal Injury Claims Guidelines – What You Need To Know
- What Is A Shoulder Dislocation Claim?
- What Is A Scalp Burn Worth As A Claim Settlement?
- I Suffered an Accident in a Salon, Can I Claim Compensation?
- How Much Is A Broken Rib Worth In Compensation?
- What Are Paralysis Claims Worth In Compensation?
- Placing A Claim Value On Organ Damage After An Accident
- Estimating A Claim Settlement For A Permanent Disability
- Claim Compensation Payouts For Scarring
- What Is A Quadriplegia Claim?
- What Can I Claim After An Office Accident That Wasn’t My Fault?
- What Can We Learn From Accident At Work Statistics?
- Claiming Compensation After Suffering A Concussion
- I Sprained My Ankle At Work, Can I Make A Claim?
- Making A Claim After Suffering A Collapsed Lung
- Compensation Payouts For A Head Injury Claim
- Slip, Trip Or Fall Claim – A Personal Injury Guide
- How To Claim For An Arm Injury
- Elbow Injury Claims – How To Get Compensation
- What Evidence Is Needed For A Personal Injury Claim?
- What Are Different Types Of Ear Injuries?
- Can I Claim Compensation For Loss Of Teeth?
Writer Jeff Wallow
Publisher Fern Stringer