If you are wondering how to claim compensation, you must be able to prove via evidence that the negligent actions of a third party directly caused you to suffer harm. The nature of this harm varies significantly between cases. As an illustration, the psychological damage resulting from an HR data breach will look very different compared to a factory employee sustaining crush injuries due to a negligent employer. However, a universal requirement regarding compensation claims is that payouts are generally dependent on the type of harm or injury suffered, its severity, and whether there are financial losses.
Here at Public Interest Lawyers, our advisors are only one phone call away. They can advise you on whether you can pursue compensation, explain how awards are calculated, and provide details on the claims process. Notably, our solicitors will provide their services on No Win No Fee terms because they believe in accessible legal support. Our panel cares not only about the outcomes of claims but also about their clients. Your health and well-being will be a central focus for your solicitor. If this is something that you would benefit from, please get in touch with our advisors using the contact details below:
Jump To A Section
- What Is Compensation?
- How To Claim Compensation For Personal Injury Or Medical Negligence
- Determining The Type Of Claim
- How Compensation Is Calculated
- How To Claim For A Data Breach
- How To Claim For Criminal Injuries
- How To Claim For A Fatal Accident
- The Time Limits For Claiming Compensation
- How Long Will A Compensation Claim Take To Settle?
- Proving Liability For Compensation Claims
- Will You Need To Go To Court For A Compensation Claim?
- How Seeking Advice From Our Panel Of Solicitors Can Help You Claim Compensation
- How To Claim Compensation On A No Win No Fee Basis
- More Information
What Is Compensation?
Compensation can be awarded in many different scenarios. Generally, in personal injury claims such as accidents at work, public place accidents, road traffic accidents and medical negligence, it is awarded when it is proven that another has caused a person harm physically and financially through negligent actions. The purpose of compensation here is to address the harm and losses that have resulted.
Compensation can also be awarded when an organisation breaches a person’s personal data by failing to comply with data protection laws. In these cases, compensation may cover financial losses and, in some circumstances, psychological or health-related harm caused by the breach.
In addition, compensation may be available to individuals who have suffered criminal injuries. Unlike civil claims, these awards may be made through a government-run compensation scheme, rather than directly against the offender or a third party with vicarious liability, such as an employer.
Are you wondering how to claim compensation? Call an advisor today to take advantage of a free consultation.
How To Claim Compensation For Personal Injury Or Medical Negligence
To make a personal injury or medical negligence claim, you must show that the harm you suffered resulted from someone else’s negligent actions or inactions. That means you may be able to claim compensation if all of the following apply:
You Were Owed a Duty of Care
A duty of care is a legal responsibility to keep you safe and healthy. How it is fulfilled depends on the setting of where the harm occurred and the type of claim:
- Personal injury claims: An employer, business, or organisation must take reasonable steps to protect your health and safety.
- Medical negligence claims: A healthcare professional must provide a reasonable standard of care once they agree to treat you.
That Duty of Care Was Breached
You must be able to show that the duty of care was not met.
- Personal injury example: An employer failed to provide safety equipment, such as a hard hat.
- Medical negligence example: A surgeon used unnecessary force during an operation.
- The Breach Caused You Harm
The Breach Caused You Harm
You must have suffered an injury, illness, or psychological harm because of this breach.
- Personal injury example: Without a hard hat, an employee suffered a serious head injury after an object fell on them.
- Medical negligence example: A patient suffered nerve or organ damage due to mistakes made during surgery.
How To Claim Compensation On Behalf Of A Loved One
You can claim on behalf of a loved one’s injury or harm they have suffered by becoming their litigation friend.
Specifically, a litigation friend is a role that allows someone close to the protected party (typically a family member) to make a claim on their behalf because the protected person:
- Is a vulnerable adult who lacks mental capacity
- Is a minor who is under 18 years old
For more information, please refer to our other guide on making a personal injury claim on behalf of someone else.
Do you want to become a litigation friend for a loved one? Ring us today so we can talk you through the next steps regarding how to claim compensation.
Determining The Type Of Claim
There are many different types of claims, including for accidents at work and on the road, and we discuss some of them below:
How To Claim For An Accident At Work
Your employer has a legal responsibility to owe you a duty of care while you are working, as outlined in the Health and Safety at Work etc. Act 1974. This means taking reasonable steps to ensure your safety while performing workplace duties.
For more information, please read our other guide on making an accident at work claim
How To Claim For A Public Liability Accident
The Occupiers Liability Act 1975 states that visitors of public spaces are owed a duty of care by the occupier (the person or company that has sufficient control over the area). This requires the occupier to take steps to ensure your reasonable safety while you are in a public area.
Our public liability claims guide provides a comprehensive overview explaining how to seek compensation for injuries sustained when out and about.
How To Claim For A Road Traffic Accident
All road users legally owe each other a duty of care to use the roads safely to prevent themselves or others from being harmed. This duty also requires them to comply with the Road Traffic Act 1988 and the Highway Code.
You can find out more about the process by reading our guide on road traffic accident claims.
How To Claim For Whiplash Under The New Rules
Certain low-value road traffic accidents may need to be claimed through the Whiplash Reform Programme.
For more information, please see our dedicated guide on the new whiplash claim rules or speak to an advisor.
How To Claim For Medical Negligence
All medical professionals, ranging from midwives to consultants, owe their patients a duty of care from the moment they agree to treat them. In other words, medical professionals must provide every patient with a minimum standard of care to prevent avoidable or unnecessary harm.
For more information, please read our other guide on medical negligence claims.
We understand that this is a lot to take in at once. If you would prefer to speak to an advisor to ensure clarity, please don’t hesitate to contact us today.
How Compensation Is Calculated
When it comes to personal injury or medical negligence claims, compensation is calculated by legal professionals who assess the type and severity of harm suffered and whether it has resulted in financial losses.
It is important to note that solicitors often use the Judicial College Guidelines (JCG) to determine general damages for claimants. This head of claim covers the pain and suffering the claimant has endured as a result of their harm. Moreover, this includes both the physical and psychological effects, including things like anxiety, depression and PTSD.
The JCG is a useful tool for solicitors, as it’s a publication that lists instances of harm, severity levels, and suggested compensation brackets.
Please review the table below. It contains figures carefully selected from the JCG, which will hopefully give you a clearer picture of what personal injury and medical negligence compensation can look like.
Please note that the first entry was not taken from the JCG. Also, we ask that you use this table as a guideline only when considering your own potential compensation.
| HARM | SEVERITY | COMPENSATION BRACKET |
|---|---|---|
| Multiple Instances of Harm with Special Damages | Severe | Up to £1 Million+ including where also awarded special damages such as private medical treatments, travel expenses, and child care costs |
| The Senses | Total Blindness and Deafness | In the region of £493,000 |
| Paralysis | Tetraplegia - Degree of Residual Movement Is Considered | £396,140 to £493,000 |
| Brain & Head | Very Severe - Full-Time Nursing Required | £344,150 to £493,000 |
| Arm | Loss of Both Arms | £293,850 to £366,100 |
| Bowels | a) - Double Incontinence | Up to £224,790 |
| Psychiatric Damage Generally | Severe (a) - Very Poor Prognosis | £66,920 to £141,240 |
| Bodily Scarring | Burns Covering 40% or More of Body | Likely Exceeding £127,930 |
| Face | Very Severe Scarring - Very Disfiguring Cosmetic Effects | £36,340 to £118,790 |
| Wrist | a) - Complete Loss of Function | £58,710 to £73,050 |
What Else Can Compensation Cover?
Compensation can also cover any financial losses you have encountered, such as medical expenses and loss of wages, under a head of loss called special damages.
Here are some more examples of financial losses that can be recovered:
- Loss of earnings (including future earnings encountered)
- Travel costs
- Adaptations to your home or car (if you’ve lost multiple fingers)
- Care costs (similar severity of injury as above)
To be put forward for special damages, you will need to prove that you incurred financial losses. The most efficient way to do this is to provide evidence in the form of documented costs, for example, providing payslips, invoices, and receipts.
If you are wondering how to claim compensation, please speak with an advisor today.
How To Claim For A Data Breach
To claim for a data breach, you will need to be able to prove that your personal information was compromised due to a failure to comply with data protection law, and this directly resulted in you suffering harm. This harm can be financial, psychological, or both.
Personal data qualifies as any information that can directly identify a person or be used, with other information, to identify a person.
Any organisation that handles your personal data must do so in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). More specifically, your personal information must be safeguarded throughout every phase of data processing. Notably, this includes collection, storage and deletion.
Data Breach Compensation Amounts
Data breach compensation amounts can encompass both psychological harm and financial losses. The psychological harm you have suffered as a direct result of the data breach is called ‘non-material damage’.
You can also claim for material losses caused by a data breach. These material losses are any money you have lost as a direct result of the data breach and are referred to as ‘material damage.’
For more information, please see our other guide on data breach compensation.
Data breach claims can be complex, and we encourage you to contact an advisor to discuss your options.
How To Claim For Criminal Injuries
There are 3 different paths you can go down to claim for injuries sustained in a violent attack, depending on the circumstances of the case. These are as follows:
- The perpetrator, if you know who they are, and they have the finances to compensate you
- The vicariously liable party, if a third party had a duty of care to ensure your reasonable safety and failed to do so, causing you to become injured in a violent attack
- The Criminal Injuries Compensation Authority (CICA), a government body that awards compensation for violent crimes in England, Wales, and Scotland
When it comes to claiming through the CICA, you must satisfy specific eligibility requirements. We’ve provided these for you below:
- You must have been a victim of a crime of violence as defined by Annexe B of the Criminal Injuries Compensation Scheme 2012
- The crime must have been reported to the police
- The incident must have occurred in England, Wales, Scotland, or another relevant jurisdiction, such as a vessel registered in one of these countries.
- Your claim must be made within the legal time limit (we cover this in detail later)
Criminal Injury Compensation Amounts
When you make a claim via the CICA, compensation is determined by utilising the CICA tariff. This can be found in the Criminal Injuries Compensation Scheme 2012. The compensation scheme contains fixed amounts for different types of injuries and severities. In other words, you will be awarded the amount shown in the tariff.
The multiple injuries formula applies when a claimant has suffered more than one injury. Please find how the formula works below:
- The most serious injury is awarded 100% of the tariff value
- The second most serious injury is awarded 30% of the tariff value
- The third most serious injury will be awarded 15% of the tariff amount
Notably, you may also be eligible to claim for loss of earnings and special expenses. More specifically, special expenses compensate you for financial losses directly caused by your injuries sustained in the violent attack.
For more information, please head over to our other guide on criminal injuries compensation claims.
Do you want to find out how to claim compensation in relation to criminal injury? Connect with an advisor today to receive fast and clear guidance.
How To Claim For A Fatal Accident
To claim for a fatal accident, it will need to be proven that the deceased suffered fatal injuries because of the negligent actions of a third party. Please find the claiming criteria below:
- The deceased was owed a duty of care
- This duty of care was breached
- This resulted in them suffering fatal injuries
Fatal Accident Compensation Amounts
A fatal injury claim can be made when the negligent actions of someone else have resulted in a person’s death. Notably, in the first 6 months following the death, the Law Reform (Miscellaneous Provisions) Act 1934 states that only the deceased’s estate can make a claim. Importantly, this covers the deceased’s pain and suffering and their financial losses. Also, the estate can claim on behalf of certain relatives who qualify as dependents.
However, if no claim has been made on behalf of any dependants after the 6-month period, eligible relatives can make their own claim for the impact of the death on them, in accordance with the Fatal Accidents Act 1976 (FAA).
For more information, please read our other guide on fatal injury compensation claims
Would you like to know how to claim compensation in relation to your loved one suffering a fatal injury? Speak to us online or over the phone for free.
The Time Limits For Claiming Compensation
The time limits for seeking compensation vary by claim type, such as personal injury or data breach.
Below, we’ve provided information on the different time limits for you to take a look at:
- Personal Injury – You typically have 3 years to start a claim from the date you suffered the injury, as per the Limitation Act 1980.
- Medical Negligence – Same principle as above, except you will have 3 years from the date you suffered the harm or from the date you found out about the negligent care, as per the Limitation Act 1980.
- Data Breach – You generally have up to 6 years to start your data breach claim.
- Criminal Injury – In civil claims, you typically have 3 years from the date of the incident. However, CICA claims usually have a 2-year time limit from the date of the incident.
- Fatal Injury – This is 3 years from the date of the death or 3 years from the date of a post-mortem or inquest (otherwise known as the date of knowledge)
There are exceptions to some of these time limits, otherwise known as limitation periods. With this in mind, we recommend reviewing our guide detailing what the limitation period is.
Would you like an advisor to review whether your compensation claim falls within the applicable time limit? Phone us today so we can assist you.
How Long Will A Compensation Claim Take To Settle?
The length of time a compensation claim will take to settle is case-dependent and will depend on factors such as the severity of your injuries and the specifics of your case.
Each claim is different and therefore follows a unique timeline. In other words, there is no set timeframe for the length of time a compensation claim may take to settle.
For more information, please head over to our other guide examining how long a personal injury claim takes to settle.
Are you wondering how to claim compensation? Connect with an advisor for fast and clear guidance.
Proving Liability For Compensation Claims
When it comes to proving liability for compensation claims, you must collect as much evidence as possible to demonstrate that a third party’s negligent actions directly caused you to suffer harm.
Below you will find examples of the different types of evidence you could use to strengthen your claim:
Photographic And Video Evidence
By providing photographs and video footage of the accident scene as part of your evidence, you create a more three-dimensional vantage point of the harm you have suffered.
Witness Statements
Whilst you cannot write up witness statements yourself, collecting the contact details of anyone who could vouch for what happened to you can serve as useful evidence if you later make a claim. Your solicitor will then use this information to write up witness statements at a later date.
Incident Reports
Filing an incident report, such as in a workplace accident book, establishes a contemporaneous paper trail and an official record of the event. You can supply a photocopy of the log entry as evidence if you make a claim.
Medical Records
Seeking medical attention as soon as you are able is not just vital for your overall health and wellbeing but it’s also important when it comes to the validity of your claim. This is because your medical records will then show in black and white that you did suffer harm, coupled with details of any symptoms and treatment you have experienced.
Independent Medical Assessments
By undergoing a medical assessment, an impartial expert will be able to create an official document that provides a detailed account of the harm you have suffered or continue to suffer, as well as the impact it has had on your life. For more information, please see our other guide on what to expect at a personal injury medical appointment.
Evidence Of Injury
It’s important to document the progression of your injury visually as it progresses. You can do this by taking regular photos and videos of your injury to document any issues you encounter, such as infections or mobility problems.
For more information, please refer to our other guide on evidence needed for a personal injury claim. We also have a comprehensive article explaining how to prove medical negligence.
Did you know that our solicitors can gather evidence on behalf of clients? Reach out today to learn more.
Will You Need To Go To Court For A Compensation Claim?
No, you will not necessarily need to go to court for a compensation claim, as the majority of cases are settled without a judge’s intervention. However, certain factors can influence whether a claim requires a hearing. We’ve provided some examples of these factors below:
- If the defendant refuses to admit liability or fails to respond
- Negotiations ending in failure due to irreconcilable differences between the involved parties over compensation
In the unlikely event your claim goes to court, you can rest assured that if you work with our solicitors, they will be with you every step of the way. Get in touch today for more information.
How Seeking Advice From Our Panel Of Solicitors Can Help You Claim Compensation
Here at Public Interest Lawyers, our solicitors delivers expert legal representation that recognises that every claim is different and, therefore, every client’s needs are unique. Our panel ensure that the health and well-being of each client always comes first, and that their needs are met. As an illustration of how much our panel prioritises client wellbeing, please have a look at the robust range of support services that they can offer below:
- Putting you in touch with rehabilitation specialists so that you can be on the mend quicker
- Making sure your compensation accurately reflects both the damages and losses you have suffered
- Guaranteeing that every deadline is met and all instructions are followed correctly
- Accessing your taxi account so we can assess any financial losses you have encountered in the form of travel expenses
- Talking you through the claims process at all times so you can make informed decisions about your claim
You deserve legal help that is both experienced and compassionate, and that’s what we provide. If any of the above services would benefit you, please have a chat today so an advisor can discuss whether you may be eligible for compensation.
How To Claim Compensation On A No Win No Fee Basis
To claim compensation on a No Win No Fee basis with our solicitors here at Public Interest Lawyers, all you need to do is reach out to our advisory team for a free consultation. If you are connected with a solicitor from our panel, you will benefit from expertly tailored guidance provided under a Conditional Fee Agreement (CFA).
With a CFA in place, you won’t have to pay for solicitors’ service fees if your claim fails or whilst it is ongoing. You won’t have to pay these fees upfront either.
While you will have to pay a success fee if your claim wins, this will be in the form of a percentage of your compensation that is capped by law under the Conditional Fee Agreements Order 2013. In other words, you keep the majority of your compensation.
Contact Public Interest Lawyers
Are you looking for professional legal support that genuinely cares about the outcome of both your health and your claim? Get in touch with our dedicated team of advisors using the contact details below:
- Call us free of charge on 0800 073 8803
- Contact us online
- Text us using our live chat
More Information
Other guides by us:
- See our answers to common FAQs concerning personal injury compensation.
- Take a look at the steps involved in making serious injury claims.
- Have a read of our guide on personal injury claims.
External resources:
- Request CCTV footage of yourself from GOV.UK.
- Check your eligibility for Statutory Sick Pay (SSP).
- This NHS resource provides information on how to give first aid.
Thank you for taking the time to read our guide on how to claim compensation.