By Mark Clause. Last Updated 4th August 2022. Did you suffer harm in an accident because of someone else’s negligence? Perhaps you have proof that your employer, another motorist or someone in control of a public place failed to adequately safeguard you against harmful risks? If so, you may be wondering what options you have. If so, this guide which explores the personal injury claims process could help.
A guide on the personal injury claims process
In this guide, we aim to help you understand how to claim for the injuries you sustained in an accident that was caused by someone else’s negligence.
Often after an injury, you may need to pay out for all the financial consequences the injuries created. However, you could claim back these costs as well as receive compensation for the pain and suffering your injuries have caused you. We will provide further information on this throughout our guide.
For more information, please get in touch by:
- Calling us on 0800 408 7825
- Filling out our online contact form
- Using the live support option below
Select A Section
- How Does The Personal Injury Claims Process Work?
- Working Out Who Is Liable
- Gathering Evidence To Support Your Claim
- Assessing Your Injuries And Getting Medical Care
- Working Out Your Settlement
- What Is The Average Payout Awarded In The Personal Injury Claims Process?
- Start A No Win No Fee Claim
- Learn More About The Personal Injury Claims Process
How Does The Personal Injury Claims Process Work?
A personal injury claim can be made on the basis of someone breaching the duty of care they owed you causing you physical or psychological harm.
There are certain instances where someone might owe you a duty of care. For example, at work, in public and on the road. A part of someone’s duty of care means doing everything they reasonably can to prevent you from experiencing harm.
If you can prove that someone failed to uphold the duty of care they owed you, it could be possible to seek compensation by making a personal injury claim.
You could do this by hiring a solicitor who offers No Win No Fee arrangements. Whilst, you may be apprehensive about the cost of hiring a solicitor, arrangements like this require no fees to be paid upfront.
Furthermore, an experienced solicitor could help you through the different stages of your claim.
For more information on finding the right solicitor for your case, please get in touch using the number at the top of the page. Alternatively, continue reading for more information on the personal injury claims process.
Time Limits For The Personal Injury Claim Settlement Process
If you’re looking to start the personal injury claims process, it’s important that you’re aware of the time limits that apply. Generally, you have three years from the date of the incident to start a personal injury claim. This can run from the date of the incident in which you were injured, or the date that you connected your injuries with negligence. The latter is sometimes referred to as the date of knowledge.
There are exceptions to this time limit, however. We have explained these below:
- Child injury claims. If you’re under 18 at the time of the incident, then the 3-year time limit begins when you turn 18.
- Lacking the mental capacity to claim. If you lack the mental capacity to pursue compensation yourself, then the time limit only restarts in the event that you regain the capacity to claim.
In both cases, while you’re unable to claim yourself, a litigation friend can pursue a claim for you. This is someone who you trust to act on your behalf throughout the process of a personal injury claim. For more information on whether one of the lawyers from our panel could represent you in the personal injury claim settlement process, please get in touch.
Working Out Who Is Liable
There are certain pieces of legislation that set out the duty of care employers, road users and occupiers of a public place have. For example:
- The Health and Safety at Work etc. Act 1974 requires employers to do everything they reasonably can to prevent their employees from experiencing harm in the workplace. For example, they could carry out regular checks on equipment to ensure it is safe and fit for its intended purpose.
- The Occupiers Liability Act 1957 sets out the duty of care the person in control of a public space has to uphold to prevent members of the public from sustaining harm. They must take all reasonable and practical steps to protect public safety and wellbeing.
- In the Highway Code, there are rules and guidance for different road users to follow when navigating the roads.
However, there are instances where someone might fail to uphold their duty of care resulting in accidents that cause harm. Examples of these might include:
- An employer may have carried out a risk assessment of a work area in which they found multiple trip hazards that they failed to address. As a result, an employee may have sustained a broken wrist in a slip, trip or fall accident.
- A restaurant owner may have failed to comply with food safety and hygiene regulations causing a customer to suffer from food poisoning.
- A driver may have failed to indicate when turning right. As a result, they may have knocked a cyclist off their bike causing them to sustain a severe spinal cord injury.
If you have evidence that someone breached the duty of care they owed you, you could use this to support your case. For more information on the evidence you could obtain, see the section below.
Gathering Evidence To Support Your Claim
It’s important to note that evidence is key to supporting a claim against another party. The personal injury claims process will involve assessing any evidence you provide to determine whether someone was liable. Examples of the evidence you could obtain might include:
- CCTV footage or dashcam footage
- Witness contact details
- Pictures of your injuries and the accident
- Medical records that provide details on your injuries
A personal injury solicitor could help you when it comes to obtaining evidence that’s relevant to your case. If you’d like to find out whether a solicitor from our panel could help, get in touch with our team on the number above.
Assessing Your Injuries And Getting Medical Care
An important part of the personal injury claims process is assessing your injuries. Medical evidence can be used to determine the full extent of the harm you experienced, including:
- The level of severity
- How your injuries have impacted your quality of life
- Any future implications or prognosis
If you choose to hire a personal injury solicitor, they can arrange for you to attend a medical appointment in your local area. The results of the appointment can form a current and in-depth report on the harm you sustained.
Your medical records and the independent report will be used when calculating the compensation payout amount you receive for your injuries.
For more information on what your settlement may comprise, please continue reading.
Working Out Your Settlement
Each claim is assessed based on its individual circumstances, so it can be difficult to provide a definitive estimate of what you could receive. However, generally, each settlement award may consist of:
- General damages: These seek to compensate your pain and suffering caused by the injuries you experienced as a result of someone else’s negligence.
- Special damages: These seek to reimburse the financial losses incurred as a direct result of your injuries.
There are various costs you could claim back under special damages, including:
- Loss of earnings
- Additional childcare costs
- Expensive medical procedures, that aren’t available on the NHS
- Travel costs to and from work or hospital
- Adaptations to your home
As part of the personal injury claims process, you should keep documentation that proves the monetary losses you incurred, including receipts and payslips.
What Is The Average Payout Awarded In The Personal Injury Claims Process?
Alongside medical evidence, solicitors may refer to a publication called the Judicial College Guidelines (JCG) when valuing the compensation awarded for your injuries under general damages. It lists injuries and corresponding compensation awards.
The table below provides example entries from the JCG. Please ensure you only use these figures as a guide because your actual settlement will vary.
| Injury | Details | Example Compensation Award |
|---|---|---|
| Moderately Severe Brain Damage (b) | The person will experience a very serious disability and will need constant professional care. | £219,070 to £282,010 |
| Severe Neck Injuries (a) (i) | Injuries involving incomplete paraplegia. | In the region of £148,330 |
| Severe Back Injuries (a) (i) | Injuries involving a damaged spinal cord and nerve root damage. | £91,090 to £160,980 |
| Severe Pelvis And Hip Injuries (a) (i) | Injuries might include an extensively fractured pelvis with a ruptured bladder and a dislocated lower back joint. | £78,400 to £130,930 |
| Severe Elbow Injuries (a) | An elbow injury that is severely disabling. | £39,170 to £59,860 |
| Wrist Injuries (a) | Injuries that cause a complete loss of function. | £47,620 to £59,860 |
| Leg Injuries (a) (i) | Complete loss of both legs. | £240,790 to £282,010 |
| Very Severe Ankle Injuries (a) | Injuries might include a transmalleolar ankle fracture with soft tissue damage that’s extensive. | £50,060 to £69,700 |
| Moderately Severe Psychiatric Damage (b) | The person will have an optimistic prognosis but will still have significant problems with coping with life and work. | £19,070 to £54,830 |
| Moderate Foot Injuries (f) | Injuries might include a displaced metatarsal fracture that causes ongoing issues. | £13,740 to £24,990 |
Start A No Win No Fee Claim
As part of the personal injury claims process, you could hire a No Win No Fee solicitor from our panel to represent your claim.
In doing so, you could avoid upfront costs and ongoing fees. Furthermore, there will be no success fee to pay your solicitor if the claim fails.
If your claim succeeds, you will pay a success fee from your compensation. However, this fee is capped by law. Also, your solicitor will make you aware of the fee prior to claiming.
To find out whether a solicitor from our panel could start working on your claim, get in touch with our team:
- Calling us on 0800 408 7825
- Filling out our online contact form
- Using the live support option below
Learn More About The Personal Injury Claims Process
Please find some additional resources below:
- Who Is Liable For An Accident In A Public Place?
- How Do I Know If I Have A Valid Claim For Whiplash Injury?
- Do I Get Paid If I Get Injured At Work?
- HSE – Workplace Accident Statistics
- GOV – Compensation After An Accident Or Injury
- NHS – Medical Conditions
For more information on the personal injury claims process, please get in touch with our team using the number at the top of the page.