How To Claim Compensation: A Step By Step Guide To Compensation Claims For An Injury

If you were harmed because of someone else’s negligent actions, you may wish to know how to claim compensation for the harm you have expereinced, either physical, psychological or financial.

We start this guide by explaining when you could be eligible to claim compensation following a variety of different incidents. Additionally, we share the various forms of evidence that could be gathered to support each type of these incidents. We also share the time limits different types of claims must be made within.

Furthermore, we share how a No Win No Fee solicitor from our panel may be able to help you with your particular claim. Contact one of our advisors today to discuss your case and receive free advice:

NO WIN NO FEE SOLICITOR EXPLAINING HOW TO CLAIM COMPENSATION TO A CLIENT

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Make Sure You’re Eligible To Claim

When wondering how to claim compensation for the harm you have suffered, you first need to know whether you are eligible to make a compensation claim.

In the sections below, we set out the various types of claims that could be made and the eligibility requirements that must be met for each of them.

Workplace Accidents

UK employees are owed a duty of care by their employers under the Health and Safety at Work etc Act 1974 (HASAWA). Per their duty of care, employers must take reasonable steps and measures to ensure their employees’ safety whilst they are working.

If they fail to do so, and this results in you suffering an injury, you could be eligible to make an accident at work claim. For example:

  •  Due to not performing regular risk assessments, your manager fails to notice a faulty shelf in the stockroom of your supermarket job. This leads to the shelf collapsing and stock falling onto you, causing you to suffer a crush injury to your chest.

Road Traffic Accidents

All road users must demonstrate caution on the roads and navigate safely to avoid causing harm, as is their duty of care. They must also adhere to the Road Traffic Act 1988 and the Highway Code.

Failure to adhere to this duty of care could lead to you suffering an injury, and you may be eligible to make a road traffic accident claim. For example:

  • An intoxicated motorist drives the wrong way down a one-way street, crashing into your car head-on. This causes you to suffer multiple injuries, including a broken leg and back injury.

MOTORCYCLIST LAYING ON GROUND AFTER A ROAD TRAFFIC ACCIDENT

 Accidents In Public

A duty of care applies to those responsible for areas accessible to the general public. The Occupiers’ Liability Act 1957 requires those in charge of an area to take necessary measures to ensure the reasonable safety of those visiting that space.

If they fail to do this, and this causes you to suffer an injury, you may be eligible to make a public liability claim. For example:

  • A cafe failed to signpost or clean a coffee spillage. This leads to you slipping and suffering an ankle injury in the accident.

Medical Negligence

When any type of medical professional is treating you, you are owed a duty of care by them. Per their duty of care, they must ensure that they provide you with the minimum expected standard of care when treating you.

If they fail to do this, and you suffer unnecessary harm as a result, you could be eligible to make a medical negligence claim. For example:

  • Despite your allergy being listed on your medical records, your GP prescribes you medication containing this allergen. This causes you to suffer an allergic reaction.

Criminal Injuries

Victims of violent crime in Great Britain could make a claim through the Criminal Injuries Compensation Authority (CICA). This is a government-funded agency that assesses claims and values compensation for those criminally injured in line with the Criminal Injuries Compensation Scheme 2012.

To be eligible to make a criminal injury claim through the CICA, you must be able to meet the following eligibility requirements:

  1. You must have been injured in a crime of violence as defined by The Scheme (such as assault or sexual abuse).
  2. The incident that injured you must have taken place in Great Britain or another relevant place.
  3. You must have reported the crime to the police.

Data Breach Claims

Any organisation that processes your personal data must adhere to the rules set out within the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulations (UK GDPR), as these form data protection laws. Personal data is any information which could identify you, such as your name or telephone number.

Failure to adhere to these rules could lead to a data breach where your personal data is compromised. A personal data breach is classed as a security incident affecting the integrity, confidentiality or availability of personal data.

To be eligible to make a personal data breach compensation claim, you must prove:

  • An organisation did not adhere to data protection law.
  • This caused your personal data to be breached.
  • This leads you to experience financial or mental harm.

To learn more about how to claim compensation for the harm you have suffered, you can contact our advisors.

IMAGE OF A KEYBOARD WITH THE TERM 'DATA BREACH' ON ONE OF THE KEYS

Gather The Evidence To Support Your Claim

Regardless of the type of claim you are wishing to make, you will need to provide evidence to support your case. Below, we set out examples of evidence you could gather for different types of claims.

Personal Injury Claims

If you have been injured in the workplace, on the roads, or in public, the types of evidence you may gather for a personal injury claim include:

  • Medical records detailing your injuries.
  • The contact information of eyewitnesses to your accident.
  • Video footage of the accident taking place, such as CCTV footage.
  • Photgraphs of the accident site.

Medical Negligence Claims

Examples of evidence you could gather for a medical negligence claim include:

  • A copy of your medical records detailing any diagnosis and prescriptions
  • The contact information of anyone who attended a medical appointment with you
  • Photgraphs of any visible symptoms suffered, such as a rash
  • The prescription form or the medication container
  • Copies of test results, such as from a blood test

Criminal Injury Claims

When making a claim through the CICA, they require specific types of evidence. These are:

  • Medical evidence of the criminal injury you suffered.
  • Proof that you meet the residency requirements.
  • The police reference number to prove the crime has been reported.

Data Breach Claims

Examples of evidence you could provide when making a personal data breach claim include:

  • A notification letter or email sent by the organisation responsible stating your personal data has been breached and what.
  • The findings of an investigation into the breach by the Information Commissioner’s Office (ICO).
  • Proof of your psychological harm. This could be a psychiatrist’s diagnosis letter.
  • Proof of your financial harm. This could be your payslips proving a loss of earnings.

For more information on how to claim compensation for your particular incident, you can contact our advisors.

Consider Claim Time Limits

Just like with evidence, depending on the type of claim you are making will determine the time limit your claim must be started within.

Time Limit For Personal Injury Claims

If you have been injured in a public place, while on the roads or at work, the time limit for starting a personal injury claim is 3 years from the date of the accident. This is set out within the Limitation Act 1980.

Exceptions to this time limit apply for those under the age of 18 and those lacking the mental capacity to manage their own claim. You can contact our advisors to learn more about these.

Medical Negligence Claims Time Limit

If you suffered unnecessary harm due to the negligent actions of a medical professional, your medical negligence claim must be started within 3 years of the incident taking place.

Alternatively, the time limit may begin from the date of knowledge. This is when you first reasonably realised the harm you suffered was caused by a breached duty of care.

Exceptions to this time limit apply for those under the age of 18 and those lacking the mental capacity to manage their own claim. You can contact our advisors to learn more about these.

Time Limit For Criminal Injury Claims

When claiming through the CICA, you generally have 2 years to begin your claim from the date the incident took place. If exceptional circumstances prevented you from claiming within this time, exceptions may be made. However, the CICA will asses these on a case-by-case basis.

For those criminally injured while under the age of 18, the time limits differ. You can contact our advisors to learn more.

Time Limit For Data Breach Claims

If your personal data has been breached, you generally have up to 6 years to begin a claim for compensation.

To see whether you still have enough time to begin the claiming process for your case, you can contact our advisors.

Funding Your Claim And Considering No Win No Fee Solicitors

If you discuss your case with one of our advisors, they can inform you whether you may have an eligible compensation claim. If you do, they could connect you with a solicitor from our panel who specialises in the type of claim you want to make.

Additionally, all of the solicitors on our panel, regardless of the type of claim you are making, offer their services on a No Win No Fee basis.

Since they work under a Conditional Fee Agreement (CFA), you will:

  • Pay nothing for them to begin work on your case.
  • Have nothing to pay for their work as the claim continues.
  • Not have to pay them for their work if the claim fails.

Should your claim be a success, you will owe your solicitor a success fee. This will be taken as a percentage of your compensation. However, the law limits this percentage.

For more information on how to claim compensation with one of the No Win No Fee solicitors on our panel, you can contact our advisors.

Will I Have To Go To Court?

Typically lots of claims are usually resolved without even needing to go to court. However, there are various factors that could influence whether your case does or not, such as:

  • The type of incident you are claiming for.
  • The type and severity of harm you have suffered.
  • If the amount of compensation that should be awarded cannot be agreed.
  • If liability is being denied.

Contact our advisors today to discuss your particular case and receive free advice.

How Long It Can Take To Receive Compensation

There isn’t a definitive time frame for how long it could take for your claim to settle. Various factors that could influence how long this takes include:

  • How long it takes to gather supporting evidence.
  • Whether liability is being disputed or not.
  • Whether the claim needs to go to court.
  • Whether a compensation settlement can be agreed upon.

Regardless of how long your claim may take, a solicitor from our panel could help guide you through every step. Contact our advisors today to learn more.

NO WIN NO FEE PERSONAL INJURY SOLICITOR SHAKING HANDS WITH A CLIENT

Why Trust Our Panel Of Solicitors With Your Claim?

The solicitors on our panel have years of experience working on various types of claims. Some of the expert services they could provide you with include:

  • Argue for a maximum compensation settlement that covers both your harm and financial losses.
  • Help with gathering evidence, such as medical reports and witness statements.
  • You will receive regular communication about the claim’s status.
  • They explain any legal terminology or court proceedings in easy-to-understand ways and promptly handle communication with the courts and defendants.
  • You can rest assured that the solicitor will be working tirelessly behind the scenes to get you the best result.

To learn more about how to claim compensation with a solicitor from our panel, you can contact one of our advisors:

More Information

Additional compensation claims guides by us:

External resources to help:

Thank you for reading this guide on how to claim compensation.