What Is A Personal Injury Claim And Could I Make One?

If you have been injured in an accident that wasn’t your fault, you may have been told to consider making a personal injury claim. However, you may be wondering, ‘What is a personal injury claim?’.

In this guide we explain to you what this type of claim is and the various types of accidents that could lead to you making one. Additionally, we will explain to you how the personal injury claims process works.

Towards they end of this guide, we explore the different types of damages that could be awarded in a successful personal injury compensation claim. Lastly we look at how the personal injury lawyers and solicitors on our panel could help you with making your claim.

If you have any questions regarding personal injury compensation claims, or would like to receive free advice for your case, you can contact our team of friendly advisors:

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Browse Our Guide

  1. What Is A Personal Injury Claim?
  2. What Types of Personal Injuries Could Lead To A Claim?
  3. How Does The Personal Injury Claims Process Work?
  4. What Is A Personal Injury Claim Worth?
  5. Why Claim Personal Injury Compensation On A No Win No Fee Basis?
  6. More Resources Related To What A Personal Injury Claim Is

What Is A Personal Injury Claim?

So, what is a personal injury claim? A personal injury claim is a compensation claim for an injury suffered in an accident due to someone else breaching a duty of care owed to you. There are various types of personal injury claims you could make, and we will explain what these are in the next section.

However, to be be able to make a personal injury claim, you will need to ensure your case meets all of the following eligibility criteria:

  • A duty of care was owed to you at the time and place of your accident.
  • This duty was breached.
  • This breach caused you to suffer injuries.

These points define negligence and all three need to be in place to have an eligible personal injury claim. If you have questions at this point, please feel free to discuss them with our advisory team.

What Types of Personal Injuries Could Lead To A Claim?

As we mentioned above, to be able to claim for a personal injury, you will need to prove that someone breached a duty of care they owed you. A duty of care is a legal responsibility to ensure your safety. Some examples of when you are owed a duty of care are set out below.

In The Workplace

While you are working your employer owes you a duty of care to take reasonable steps to ensure your safety. This is set out within Health and Safety at Work etc. Act 1974 (HASAWA). This could include providing you with appropriate training and supplying personal protective equipment when needed.

If you suffered an injury due to your employer breaching their duty of care, you may be able to make an accident at work claim. For example:

In Public Places

While you are visiting a public space, the occupier of that space (the party in control of it) owes you a duty of care to take necessary precautions to ensure your reasonable safety. This is set out under the Occupiers’ Liability Act 1957. These steps could include performing regular risk assessments and addressing any hazards they are made aware of within a reasonable timeframe.

If you suffered an injury due to an occupier breaching their duty of care, you may be able to make a public liability claim. For example:

  • You suffer a slip and fall accident in a supermarket due to them not signposting a spillage in one of the aisles. This causes you to suffer an ankle injury.

On The Roads

While you are using the road you owe a duty of care to other roads users to use the roads safely to prevent causing an accident. Other road users also owe this duty of care to you. Additionally, the Road Traffic Act 1988 must be adhered to alongside the rules set out within the Highway Code.

If you suffered an injury due to another road user breaching their duty of care, you may be able to make a road traffic accident claim. For example:

  • A taxi driver is speeding and causes a rear-end collision due to being unable to come to a stop in time while you are waiting at a red light. This causes you to suffer multiple injuries, including a neck injury and a broken foot.

Each circumstance will differ. To see whether you may be eligible to make a claim for personal injury compensation, you ca contact our advisors.

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How Does The Personal Injury Claims Process Work?

When asking ‘What is a personal injury claim?’ it’s important to be aware of steps that must be fulfilled as part of the process. This is referred to as the Pre Action Protocol and all these steps must be followed before a claim potentially has to go to court.

  • Letter of Notification: This letter informs the third party that you intend to launch a claim for compensation against them.
  • Rehabilitation: Any medical treatment or rehabilitation for the claimant is assessed as soon as possible.
  • Letter of Claim: This letter to the defendant provides an overview of the circumstances on which the claim is based such as times, dates, and details of the injuries suffered.
  • The Response: The defendant has 21 working days to reply. After receipt of this, the defendant then has 3 months to conduct their own investigations into the circumstances and merits of the claim.
  • Disclosure: Any other relevant information and documents are exchanged to help clarify or resolve disputes.
  • Experts: The claimant attends an independent medical evaluation and a report is created.
  • Negotiations: Should the defendant admit liability, a Part 36 Offer might be made during negotiations. This allows the defendant and the claimant to agree on a compensation settlement and settle the dispute.
  • Alternative Dispute Resolution: Mediation or arbitration is used to resolve the issue if the parties cannot reach an agreement. The case will then proceed to court if this is unsuccessful.

If you choose to appoint a personal injury lawyer or solicitor on your case, they will help carry out these steps for you.

Is There A Time Limit For A Personal Injury Claim?

The Limitation Act 1980, states that the personal injury claims time limit is three years, starting from the date of injury.

In some special cases, there are exceptions made to this time limit. This applies to claimants who lack the mental capability to handle their pwn case, or claimants who are under the age of 18.

To learn what these exceptions are, or to see whether you are within the time limit to begin your own claim, you can contact our advisors.

A medical professional wrapping a knee in bandages.

What Is A Personal Injury Claim Worth?

Another question you may have is, ‘What is a personal injury claim worth?’. It is important to note that all personal injury claims are assessed o a case-by-case basis, meaning the compensation awarded is unique to each claim.

However, should you make a successful claim you will be awarded the head of loss known as general damages. This compensates for the physical and psychological suffering and pain caused by your injuries. Some factors that affect how much you could be awarded in general damages include:

  • The type of injuries suffered.
  • The initial severity of the injuries.
  • What treatment you require.
  • How long the expected recovery period will be.

Legal professionals who value general damages often refer to any medical evidence provided and the Judicial College Guidelines (JCG). This document lists various types of injuries and applies guideline compensation brackets to them.

Our table below lists some of these amounts from the JCG, except for the first entry. Also, please only refer to these amounts as a general guide as claims always vary.

Compensation Guidelines

Injury AreaSeverityCompensation GuidelinesNotes
Multiple Severe Injuries and Special DamagesSevereUp to £1,000,000+Claimants can be compensated for multiple severe injuries and expenses such as lost earnings, care costs and medical bills.
ParalysisParaplegia£267,340 to £346,890Cases where the claimant suffers paralysis from the waist down.
LegAmputations (i) £293,850 to £344,150Where both legs are lost above the knee or one leg above and one below knee.
HeadModerately Severe£267,340 to £344,150A very serious disability that creates substantial permanent dependence on others.
NeckSevere (ii) £80,240 to £159,770Injuries that typically involve a serious fracture and cervical disc damage.
Post- Traumatic Stress Disorder (PTSD)Severe £73,050 to £122,850Permanent effects that prevent the person from coping with life as they did before the trauma.
KneeSevere (ii) £63,610 to £85,100Fractures that continue into the knee joint creating constant pain and instability.
Injuries Affecting SightTotal Loss Of One Eye£66,920 to £80,210Award level takes into account age, psychiatric impact and cosmetic effects.
WristTotal Function Loss£58,110 to £73,050Cases of complete loss of function in one wrist after corrective surgery.
BackModerate (ii) £15,260 to £33,880Covers many types of injuries that disturb ligaments, involve soft tissue damage and may worsen pre-existing back issues.

Special damages is the second head of loss that might form part of your overall settlement. This compensates you for the monetary losses caused by your accident and injuries. Since special damages is not always awarded, you should present evidence o the financial losses you wish to claim for. This could include:

How Long Does A Personal Injury Case Usually Take?

Every personal injury claim is unique and as such, there isn’t really a definitive timescale. However, certain factors can have an effect on how long it takes your case to settle, such as:

  • The type of accident you were injured in.
  • How long it takes to obtain all the medical reports.
  • Whether the defendant disputes liability.
  • The recovery period involved.

To receive a free valuation of your personal injury claim, you can contact our advisors.

Why Claim Personal Injury Compensation On A No Win No Fee Basis?

Anyone can launch a personal injury claim themselves provided their case meets the eligibility criteria. But there are many advantages to appointing an experienced solicitor to help. For example, our panel of solicitors have extensive knowledge and experience working on personal injury claims and could help you with:

  • Gathering evidence.
  • Ensuring your claim is filed within the time limit.
  • Negotiating the best settlement on your behalf.
  • Keeping you updated on the progress of your case as it proceeds.

In addition to this, they are able to provide their services through a Conditional Fee Agreement (CFA) which is a type of No Win No Fee contract. Benefits of making a No Win No Fee personal injury claim under this arrangement include:

  • Not having to pay an upfront fee for the solicitor to start work on your case.
  • No ongoing service fees to pay as the claim develops.
  • If the claim fails, there is no fee to pay for their completed services.

If your claim succeeds, the solicitor deducts a percentage of your compensation as their success fee. Importantly, this is subject to a legislative cap which ensures you receive most of the compensation awarded.

To see if you could work with a solicitor from our panel or to ask any questions, such as ‘What is a personal injury claim worth?’, you can contact our friendly advisory team:

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More Resources Related To What A Personal Injury Claim Is

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