If you think you could claim compensation for an injury that wasn’t your fault, we’re here to help. After suffering an injury, you could be experiencing immense pain and want to focus on your recovery. A skilled solicitor from our panel could help guide you through the personal injury claims process.
Our guide is full of vital information you need to know when thinking about whether you could make a personal injury claim. We share when you could have an eligible claim, how long you have to start one and what evidence could help support your case. We also share the different heads of compensation you could receive and how a No Win No Fee agreement could benefit you.
You can contact a member of our advisory team with any questions you may have:
- Call our 24-hour helpline on 0800 408 7825.
- Fill in our online claims form.
- Click the live chat option.
Frequently Asked Questions
- What Are Personal Injury Claims?
- How Long Do I Have To Make A Claim?
- What Personal Injury Compensation Could I Get?
- How Would My Compensation Be Calculated?
- What Else Can Personal Injury Compensation Help With?
- What Evidence Do I Need to Prove My Claim?
- Do I Need A Solicitor To Make A Personal Injury Claim?
- Frequently Asked Questions
- More Information
What Are Personal Injury Claims?
Personal injury claims are a type of compensation claim you could make after suffering an injury in an accident at work, on the roads or in a public place.
To be able to make a personal injury claim, you must prove that negligence took place. This is when:
- Someone owed you a duty of care
- They breached this duty of care
- This caused you to suffer an injury
Below, we set out the different duties of care you may be owed in various situations and provide examples when you may be able to claim.
Road Traffic Accidents
All road users, including drivers, cyclists, motorcyclists, and pedestrians, owe each other a duty of care, meaning that they must remain safe and uphold responsibility when on the road. Road users must also abide by the Road Traffic Act 1988 and the Highway Code.
Some examples of when a road traffic accident claim could be made include:
- You suffered a back injury in a rear-end collision as the driver behind you was distracted and had not noticed you had come to a stop at a red light.
- A driver fails to check that the road is clear before opening their door, causing you to crash into it on your bicycle and suffer a shoulder injury.
- You suffered multiple serious injuries after a driver hit you while you were using a zebra crossing, as they were speeding and unable to come to a stop in time.
Accidents At Work
All employers owe their staff a duty of care under the Health and Safety at Work etc. Act 1974. This means they must take reasonable steps to ensure the safety of all employees to prevent any accidents at work.
Some examples of when you may be able to make a claim after suffering an injury at work include:
- You were provided with a known faulty ladder. This led to one of the rungs breaking, and you suffered a serious head injury when you fell.
- Your employer instructs you to carry out a manual handling job, despite knowing you haven’t received sufficient training, causing a back injury when you attempt to lift a heavy item incorrectly.
- Due to not carrying out regular maintenance checks, a piece of machinery malfunctions on a production line, causing your hand to become trapped, and you suffer a crush injury.
Will A Workplace Accident Claim Impact My Employment?
Your employer cannot threaten or stop you from claiming against them if you have a valid workplace accident claim. You have a right to make a compensation claim if you have suffered an injury at work due to your employer breaching their duty of care. They also cannot treat you differently or fire you for making a claim against them.
Public Liability Claims
If you are injured in a public place due to someone else’s negligent actions, you could be entitled to make a public liability claim. Under the Occupiers’ Liability Act 1957, all occupiers of a public space owe a duty of care to ensure the reasonable safety of those visiting that place.
Some examples of when you may be able to make a compensation claim after a public place accident include:
- The council doesn’t replace a loose bit of pavement within a reasonable timeframe, despite multiple reports of the defective paving slab, causing you to trip and break your ankle.
- A supermarket doesn’t put out a wet floor sign when a ceiling leak occurs, causing you to slip and break your wrist.
- A restaurant doesn’t replace a known faulty dining chair, causing it to collapse when you sit on it, and you suffer a serious pelvic injury.
These are only a few examples of when personal injury claims could be made. Contact our advisors today to discuss the eligibility of your specific case.
How Long Do I Have To Make A Claim?
As outlined in the Limitation Act 1980, anyone wanting to pursue personal injury claims has 3 years to act. This time limit begins from the date the accident took place.
Though this 3-year time limit applies to most personal injury compensation claims, there are two main exceptions:
- If the claimant is under 18.
- If the claimant lacks mental capacity.
For both of these exceptions, the court can appoint a litigation friend to make a claim on their behalf. If a litigation friend does not make a claim prior to the claimant turning 18 or regaining this mental capacity (if they ever do), then the claimant will have 3 years from this date to begin their own claim.
Our advisors can tell you more about time limit for personal injury claims, and advise you on whether you are still within the limitation period to begin your case. Contact them today.
What Personal Injury Compensation Could I Get?
According to the Judicial College Guidelines (JCG), between £344,150 to £493,000 could potentially be awarded for a very severe brain injury.
The JCG is a document that may be used by those calculating the value of your injuries, as it contains compensation guidelines for different physical and psychological injuries
We’ve created a table below with some of these figures. Please note, however, that the first entry has not come from the JCG.
| TYPE OF INJURY | SEVERITY | JCG COMPENSATION |
|---|---|---|
| Multiple Injuries + Special Damages | Severe | Up to £1,000,000+ |
| Arm Injuries | Loss Of Both Arms | £293,850 to £366,100 |
| Severe | £117,36 to £159,770 | |
| Leg Injuries | Loss Of Both Legs | £293,850 to £344,150 |
| Severe (i) The Most Serious Injuries Short Of Amputation | £117,460 to £165,860 | |
| Less Serious (i) | £21,920 to £33,880 | |
| Foot Injuries | Amputation of Both Feet | £206,730 to £245,900 |
| Hand Injuries | Total Or Effective Loss of Both Hands | £171,680 to £245,900 |
| Back Injuries | Severe (i) | £111,150 to £196,450 |
| Neck Injuries | Severe (i) | In the region of £181,020 |
| Pelvis And Hips Injuries | Severe (i) | £95,680 to £159,770 |
| Knee Injuries | Severe (i) | £85,100 to £117,410 |
| Ankle Injuries | Very Severe | £61,090 to £85,070 |
| Wrist Injuries | Complete loss of function in the wrist. | £58,710 to £73,050 |
| Toe Injuries | Amputation Of All Toes | £44,570 to £68,430 |
| Elbow Injuries | A Severely Disabling Injury | £47,810 to £66,920 |
| Shoulder Injuries | Severe | £23,430 to £58,610 |
| Achilles Tendon Injuries | Most Serious | In the region of £46,900 |
For more information on how compensation is awarded in personal injury claims, you can contact our advisors.
How Would My Compensation Be Calculated?
Personal injury compensation can consist of general damages and special damages.
General damages are awarded for the pain and suffering caused by an injury and how it affects your life. Factors taken into consideration when this is being calculated include:
- What injury was suffered
- How severe was the injury
- Did you suffer multiple injuries
- What is your expected recovery period?
Special damages compensate you for any financial losses you have suffered due to your injury. You can find out more about special damages in the section below.
Our advisors can give you more information about general and special damages in personal injury claims. Contact them today.
What Else Can Personal Injury Compensation Help With?
Personal injury compensation can help you feel a sense of justice. Additionally, it could also help restore you to the financial position you were in prior to the accident.
These losses would be compensated under special damages and could cover:
- Loss of earnings if you have to take time off work or leave work completely.
- At-home care – this includes if your partner, parent or a professional had to look after you while you recovered from your injury.
- Medical costs, such as extra tests, medication, and prescriptions.
- Medical aids like a wheelchair.
- Transport costs for all medical-related trips, such as to the hospital.
All of the above will be extremely beneficial to you both before and after the recovery period of your injury. You will need evidence to claim financial compensation, which you can read more about later on.
Interim Payments
Interim payments are when you receive a portion of your compensation settlement before your claim has settled. They are often approved if a claimant requires financial help immediately to cover immediate expenses, such as medical bills. They are only awarded in cases where the claim is deemed to likely succeed.
Your solicitor will help you apply for an interim payment if it is relevant to your claim. Contact our advisors today to learn more about interim payments in personal injury claims.
What Evidence Do I Need to Prove My Claim?
Evidence is vital when making a personal injury claim. Examples of evidence you could use to support your case includes:
- Medical records to show your injuries and treatment.
- Video footage to show how the accident happened, such as from CCTV or a dashcam.
- The contact details of any witnesses.
- Photos of the accident scene and any injuries.
- Bank statements and receipts for special damages.
Get in touch if you have any more questions about evidence and what to collect. Additionally, if you are connected with a solicitor on our panel, they could help you gather this evidence.
Do I Need A Solicitor To Make A Personal Injury Claim?
While you don’t need a solicitor when making a personal injury claim, it’s highly recommended that you do so, as a solicitor will have lots of experience handling this type of claim and can support you. Moreover, you could claim with a solicitor on our panel on a No Win No Fee basis, provided you have an eligible case.
All claims with Public Interest Lawyers are taken on via a Conditional Fee Agreement, a type of No Win No Fee agreement that means:
- You don’t pay for their services upfront.
- There’s nothing to pay as the claim progresses.
- You don’t pay for their services if the claim fails.
- You will pay them a success fee in the event of a successful claim. This is a percentage of your compensation.
Contact Our Panel
To see if one on the personal injury solicitors on our panel could help you, contact our advisors:
- Call our 24-hour helpline on 0800 408 7825
- Fill in our online claims form
- Click the live chat option
Frequently Asked Questions
We’ve rounded up some of the most frequently asked questions so you can get quick information when researching personal injury claims.
Is Personal Injury Compensation Taxable?
Any compensation you receive as part of a settlement will not be taxed, so you don’t have to worry about extra financial stress when choosing whether to claim. Please note that any interest you receive on compensation may be taxable.
How Long Until I Receive My Compensation?
The claims process can take anywhere from a few months to years depending on various factors such as whether your case goes to court or the defendant refuses to accept liability.
Will I Have To Go To Court?
As mentioned above, claims can take longer to settle if they go to court. Nevertheless, it’s unlikely you will have to go to court, as many personal injury claims are settled outside of needing court proceedings.
More Information
We hope our in-depth guide about personal injury claims has answered your questions. The links below offer further information about the topics covered in this guide.
Internal Links
- See how to claim after a serious accident at work.
- Read our public liability compensation claim FAQs.
- Read our guide on car accident claims.
External Links
- Discover road safety statistics from GOV.UK.
- Read more about employers’ liability insurance from GOV.UK.
- Learn when to call 999 from the NHS.
Please don’t hesitate to contact us for any queries or concerns regarding personal injury claims.
