By Daniel Janeway. Last Updated 13th July 2022. Have you recently suffered an injury in an accident in Leamington Spa that wasn’t your fault? If third-party negligence was responsible, then you could be owed compensation.
Though every case is different, you can typically establish negligence if your situation meets the following criteria:
- Did the defendant owe you a duty of care?
- Was that duty of care breached by the defendant?
- As a result of this breach did you suffer harm?
Even if you find yourself to have grounds for a claim, it can be challenging to know where to begin. In seeking help from a legal professional, you could not only ease the process of claiming but boost your claim’s chances for success, maximising your compensation settlement.
In this guide, we aim to break-down this process to give you a better understanding of personal injury claims. Explaining everything from different types of accidents to estimated compensation payouts, we want to ensure you make an informed decision on making a claim.
Our panel of personal injury lawyers covering Leamington Spa could help you take your first step towards the compensation you deserve today. To discover more about how we can help, call our team on 0800 408 7825 or use the live chat feature, bottom right. Available 24/7, our advisors offer free consultations, as well as impartial advice and support with no-obligation.
Choose A Section
- A Guide To Using Personal Injury Lawyers Covering Leamington-Spa
- Work Injury Compensation
- Traffic Accidents In Leamington Spa
- Bicycle Crashes And Accidents
- Public Space And Pedestrian Accidents
- Pedestrian Trip Or Fall Accidents
- Local Council Accidents
- Assaults And Criminal Injuries
- Answering Questions About Personal Injury Claims
- What Is The Best Way To Choose Between Lawyers?
- Calculating Damages For Accidents And Injuries In Leamington Spa
- No Win No Fee Personal Injury Lawyers Covering Leamington Spa
- Consult A Lawyer
- Local Resources And Guides
After being injured through no fault of your own, it’s normal to feel in the dark about how to proceed.
In our experience, we advise following the three steps below, especially if you’d like to seek compensation. Not only do they aim to ensure your wellbeing, but see that you have sufficient evidence to start building your claim.
- Seek medical attention
- As well as treating your injury, this creates an entry in your medical records
- Record the accident
- Photographing the scene and obtaining contact details of witnesses helps evidence your claim
- Consider seeking a No Win No Fee personal injury lawyer covering Leamington Spa
- Legal expertise can boost your claim’s chances of success by helping you navigate the legal process (however, it’s not a requirement to instruct a solicitor)
Typical personal injury claims have two types of damages that can be claimed for; general and special damages. General damages are designed to compensate you for physical and psychological harm. Special damages cover costs relating to this harm, such as:
- Expenses relating to your injury
- Including prescription fees, fuel costs and care payments
- Loss of earnings
- Covering unpaid sick leave, as well as the predicted loss of future pay
If you’d like help making a claim or want to know more about the service we offer, contact our team today. Alternatively, continue reading to find out more about personal injury claims.
Limitation Act 1980
If you’d like to make a claim, you must do so within the personal injury claims time limit. A failure to do so could see you risk losing out on the compensation you deserve.
For adults, this limitation period is 3 years from the date of the accident.
In cases involving children, the limitation rule is different since they can’t represent themselves. Either a parent or guardian can claim for them, or they can claim themselves once they turn 18. At this point, they are considered an adult and the 3-year clock begins to tick.
If a victim lacks the mental capacity needed to claim, the Mental Capacity Act 2005 outlines ways of ensuring they can still receive the compensation they deserve. The limitation period is frozen until they recover the ability to claim themselves. If recovery is unlikely, a ‘litigation friend’ can be appointed to claim on their behalf.
The Health and Safety Executive reported over 581,000 workplace injuries between 2018 and 2019. The most commonly seen accidents included:
- Handling, lifting and carrying
- Struck by a moving object
- Slips, trips and falls
If you’ve been injured in an accident at work in Leamington Spa, you could be entitled to compensation. If your employer’s negligence was responsible for your injury, then they could be held liable if they were in breach of their duty of care.
Under the Health and Safety at Work etc. Act 1974, employers legally owe a duty of care to take steps to make sure their staff are safe in the workplace. To uphold this as much as reasonably possible, employers must have specific measures in place, such as:
- Regular maintenance checks and repairs
- Supervision of dangerous tasks
- Providing Personal Protective Equipment (PPE)
- Displaying HSE-approved signage
For a free assessment of your situation, speak to one of our specialist advisors today and see how our panel of personal injury lawyers covering Leamington Spa are here to support you.
A road traffic accident (RTA) can be defined as a collision involving one or more vehicles or another road user. Between 2018 and 2019, RTAs resulted in over 157,530 casualties on Britain’s roads, with accidents caused by:
- Poor manoeuvres
- Loss of control
- Failure to judge another road user’s speed or intention
- Failure to look properly
Whatever your situation, our panel of personal injury lawyers covering Leamington Spa can offer you all the help you need. If you were injured in an RTA that wasn’t your fault, get in touch with our team today.
Station, Bus, Taxi And Train Passenger And Driver Injuries
Whether you travel on trains, trams, buses, coaches or taxis, you place your trust in its owners and operators.
According to a 2019 government report, public transport is safer than cars. However, accidents still happen, with the same report finding over 3,090 bus casualties in the very same year.
If you’re involved in a public transport accident that wasn’t your fault, you could be entitled to compensation if a third-party was responsible for your injury.
For example, if your taxi driver makes a dangerous manoeuvre resulting in a collision, you could be able to claim against their insurance. Alternatively, if you’re struck by a suitcase falling from an unstable luggage rack, the owners of the train could be liable as a result of poor maintenance.
Why not take advantage of our free legal consultation? All you have to do is get in touch.
Car Parking Crash Injuries
With vehicles tightly packed together in car parks, there is little room for error. Accidents including low-velocity impacts, faulty machinery and surface damage all pose a risk of injury.
Under the Occupiers’ Liability Act 1957, those in control of a car park owe users a duty of care. Specific procedures like regular maintenance checks and repairs must be followed to ensure safety on-site, as much as is reasonably possible.
But did you know that if you’re injured as a result of a breach in this duty, you could have grounds to make a claim? For example, if a faulty barrier comes down on you, then those in control of the car park could be liable for your injury if they neglected its maintenance.
Our panel of personal injury lawyers covering Leamington Spa could help you make a claim, using their years of experience to ensure you win the compensation you deserve. For information and advice, contact one of our advisors today.
Lacking the protection afforded by cars and other vehicles, cyclists are one of Britain’s most vulnerable road user groups.
Cyclists are subjected to one of the highest casualty rates, with a 2018 report by ROSPA finding over 17,411 cyclists injured in RTAs that year. Cycling accidents were commonly caused by:
- Defective roads or cycle lanes
- Negligence of another road user (e.g. carelessness)
If you’ve been injured in a cycling accident and third-party negligence was responsible, you could be entitled to compensation.
Speak to our team to take advantage of a free consultation and see how our panel of personal injury lawyers covering Leamington Spa could help you.
Public places, such as parks, shops, restaurants and salons, all full under the Occupiers’ Liability Act 1957. According to this legislation, those in control of public places have a duty of care to visitors on-site, which they must uphold as much as reasonably possible.
However, if a breach of this duty results in your injury, you could be entitled to compensation. For example, if you slipped on ungritted library steps, you could have grounds to make a claim against the local authority for their poor maintenance.
Making a claim for a public place accident can be tricky, as public liability insurance isn’t compulsory. Therefore, it’s best to rely on the experience of our panel of personal injury lawyers covering Leamington Spa to ensure you don’t lose out on the compensation you deserve.
Accidents In Public Parks
Have you recently been injured in a public park accident that wasn’t your fault? If so, our panel of personal injury lawyers covering Leamington Spa could help you make a claim.
Walking the dog, taking your child to the play area or getting some fresh air are just a few reasons why you might visit your local park. However, from natural hazards to poor maintenance, public park accidents happen more than you may think.
If third-party negligence was responsible for your injury, you could be entitled to compensation. For example, if you were injured on outdoor gym equipment in a state of disrepair in Cubbington Waterworks, the local council could be liable for poor maintenance.
For advice and support, speak to one of our advisors today and see how a personal injury lawyer covering Leamington Spa could help you make a public liability claim.
Accidents In The Shops
Shops and retail environments are another type of public place falling under the Occupiers’ Liability Act 1957. If you’re injured while shopping because a retailer neglected their duty of care to you as a customer, then they could be held liable.
Whether you slipped on a wet floor with no hazard sign in The Royal Priors or you were struck by falling stock in a supermarket aisle, you could be entitled to compensation.
Our panel of personal injury lawyers covering Leamington Spa could help you win the compensation you deserve on a No Win No Fee basis. For more information, speak to one of our advisors today.
With the Health and Safety Executive reporting that slips, trips and falls accounted for a third of all major injuries in workplaces in 2019, it’s clear that these accidents are common. However, they can also be extremely dangerous, with over 95% of major cases resulting in broken bones.
Whether you fell on a dangerous pothole in Victoria Park or tripped on an uneven paving slab on The Parade, you could be entitled to compensation if a third-party is responsible for your injury.
Contact our panel of personal injury lawyers covering Leamington Spa to see how we could help you make a claim.
Local authorities, including Warwick District Council, also fall under the Occupiers’ Liability Act 1957.
This means local authorities have a duty of care to ensure a level of safety in places under their control, such as public roads and footpaths. Measures, including highway maintenance, must be implemented to prevent hazards from causing accidents. Otherwise, they can be held liable for injury caused as a result.
If you lost control behind the wheel due to a pothole (more than 40mm deep), you could be entitled to make a public liability claim against the council for poor maintenance.
However, such claims can be challenging to make as public liability insurance isn’t compulsory. Therefore, it’s best to rely on the experience of our panel of personal injury lawyers covering Leamington Spa to ensure you don’t lose out on the compensation you could be entitled to.
Another type of personal injury claim you can make accounts for psychological damage. If you witnessed a crime or fell victim to one yourself, you may be experiencing lasting trauma as a result.
Through the Criminal Injuries Compensation Authority (CICA), you could claim compensation for your suffering, providing the incident meets the following requirements:
- The crime is reported to the police.
- Legal proceedings are made no longer than 2 years after the crime.
Our team of friendly advisors are available 24/7 if you need advice or support on your situation. If you’d like to make a claim, our panel of personal injury lawyers covering Leamington Spa handle cases on a No Win No Fee basis, ensuring you receive the compensation you deserve.
Statistics On Disorder And Crime In Warwickshire
Please see the below table for recent crime stats in the Warwickshire area:
|Top Reported Crimes
|Violence against the person
With years of experience handling claims across the nation, our panel of personal injury lawyers covering Leamington Spa knows that every case is unique.
The claims process can thus be expected to vary too, usually depending on:
- The severity of the injury
- The extent of third-party negligence responsible
Typically, the following structure will apply to each case:
- A solicitor is appointed to the case
- Evidence is collected and reviewed
- The third-party is notified of the claim against them
- Liability is accepted or denied
- A settlement is agreed
Upon a settlement being agreed, the claim will be resolved or disputed. In the situation that the claim is disputed, there is a rare chance that it could end up in court.
To give your claim the best chance of success, contact our panel of personal injury lawyers covering Leamington Spa today.
Places Where You May Find Lawyers In This Area
If you choose to seek help from a personal injury lawyer after an accident in Leamington Spa, your first instinct may be to search the local area.
From solicitors on Euston Place to Adelaide Road, there are many local law firms to choose from. However, we urge you first to consider whether you could receive better service elsewhere.
Could you be limiting your claim’s chances of success by confining your search to Leamington Spa?
Do I Need To Use Solicitors In Leamington Spa?
If you have sustained an injury due to negligence, you do not need to use law firms in Leamington Spa just because that is where you were injured. You are permitted to hire any solicitor in the country. Their physical proximity to where you were injured is not relevant.
Almost every part of making a personal injury claim can now be handled remotely. For instance, conveniences such as video calls and email are very useful in achieving this.
One of the only procedures that can’t be handled remotely is the independent medical assessment that may need to be carried out as part of your claim. However, we can reduce your need to travel by arranging this with a medical professional located near you.
Additionally, we can also organise a face-to-face meeting with one of the solicitors from our panel, if this is what you’d prefer.
So, law firms in Leamington Spa are not your only option if that is where you are injured. There are other factors to consider when choosing a law firm to represent you.
Whilst not located in Leamington Spa, the lawyers on our panel may be able to help you if you wish to claim there. Get in touch if you require help regarding your accident in Leamington Spa today.
Why We May Ask You To Visit A Doctor
Once a solicitor is appointed to your case, they will ask you to undergo an assessment with an independent medical expert.
At your appointment, you can expect to be asked about your accident and the injury you sustained, as well as undergoing a physical examination.
You must attend this assessment. The report produced will contain a crucial prognosis on your recovery that will not only help your solicitor understand the impact of your injury, it will function as a critical piece of evidence in building your case.
If you’re looking for a personal injury lawyer after an accident in Leamington Spa, deciding which service is best for you can be intimidating.
Online reviews are a useful tool to ease the process of selecting a solicitor. Providing first-hand experiences and honest opinions, you can gain insight from past clients. Ultimately, look out for whether they recommend a service or not and use this to inform your decision.
Being injured in an accident that wasn’t your fault can be detrimental to many aspects of your life.
On top of physical and psychological damage, it’s common to experience financial loss. From medical and care expenses to unpaid sick leave, you may be left wondering how much compensation you could be entitled to.
However, beware of online ‘personal injury compensation calculators’, as these often provide victims with inaccurate figures that result in disappointment when it comes to actual settlement payouts.
It’s always best to rely on the experience of a personal injury lawyer covering Leamington Spa to ensure you receive the maximum payout you deserve. Our friendly advisors offer free consultations, taking into consideration the complexities of every case.
We’ve put together a table of estimated compensation settlements for general damages (covering pain and suffering) to give you a basic understanding of real payouts. The figures are taken from the Judicial College Guidelines, an organisation responsible for training Britain’s judges.
|Full recovery within 1-2 years
|£4,350 to £7,890
|Injuries like partial rupture or significant damage to the tendon
|£14,840 to £26,190
|Injuries like crushed vertebrae, with symptoms including constant pain and reduced mobility
|£27,760 to £38,780
|Post-Traumatic Stress Disorder (severe)
|Permanent effects preventing working or functioning as before
|£59,860 to £100,670
|Personality change, intellectual deficit, impaired sight, speech and senses resulting in permanent unemployment
|£150,720 to £219,070
A No Win No Fee agreement between you and your personal injury lawyer means that if your claim is unsuccessful, you don’t have to pay their legal fees.
Often, expensive solicitor’s fees and the prospect of financial loss can deter victims from making a claim. No Win No Fee agreements eliminate much of the risk involved in the claims process, allowing you to make a claim with peace of mind. With no hidden upfront costs or ongoing fees, you can rest assured that you won’t have to pay out of pocket.
If your solicitor wins your claim for you, then you’ll be expected to pay a ‘success fee’ to cover their legal fees. However, this is only a small percentage of your payout as it’s legally-capped to ensure you walk away with the compensation you deserve.
Our panel of No Win No Fee personal injury lawyers covering Leamington Spa could not only ease the claims process but boost your claim’s chances for success and maximise your compensation.
Whether you’re ready to make a claim or would like more information on our services, contact one of our specialist advisors today for a free consultation on 0800 408 7825 or use the live chat feature on your screen.
Please see the following resources for additional information on the Leamington Spa area:
- Accidents in a Public Park
- Accidents on Public Transport
- Cycling Accidents
- Find NHS Services
- Warwickshire Police
Our Local Medical Experts
|48 Queens Road,
Contact Information For Leamington Spa Magistrates Court Hearings
|Leamington Spa Magistrates’ Court
|Warwickshire Justice Centre,
Contact Information For Warwick District Council
|Warwick District Council
Warwick District Council,
Guide by LA
Edited by II/LV