Explaining The Personal Injury Claims Process

Accidents happen every day up and down the country. Some of them are completely unavoidable and nobody is to blame. However, some accidents are caused by negligence and can leave the victim suffering serious injuries. If you have been injured because of somebody else’s mistake, you may well be entitled to make a compensation claim. In this article, we will look at what types of personal injury claims are possible and how much compensation could be paid. To help with this, we have included a personal injury claims calculator table listing many common injuries.

personal injury claims

You could claim compensation for an accident in a public place, accidents at work or a road traffic accident, providing someone else was to blame for your injuries. We’ll provide a full list of common claims later on. Essentially, though, any type of accident in which you are injured that was caused by somebody else could make you eligible for compensation.

As we progress through this guide, we will consider what you need to do to claim and what evidence you need to supply. We will also look at some common questions such as, ‘How many personal injury claims go to court?’

How We Can Help You Claim

We believe that anybody who has suffered an injury as a result of negligence should be entitled to start a claim. For that reason, we provide free legal advice for all callers.

Also, our specialist advisers offer a no-obligation case review to assess the merits of your claim. Should your claim be suitable, we could introduce you to a personal injury lawyer from our panel. In an effort to reduce the stress associated with the financial risk of funding a lawyer, our panel offers a No Win No Fee service.

We are here when you are ready to begin your claim. If you would like to discuss your legal options today, please call us on 0800 408 7827 right away. Any advice we provide is free whether you make a claim or not. To learn more about No Win No Fee personal injury claims before calling, please continue reading.

About Personal Injury Claims

What Is A Personal Injury Compensation Claim?

Anybody who has been made ill or suffered an injury in an accident caused by somebody else could be eligible for compensation. They could claim for their injuries as well as financial losses caused by the injuries.

Compensation for financial loss is awarded to put the claimant in the same position, or as close as possible, as they were before the accident. That means any losses caused by the injury could be claimed back. Also, you could claim for any pain and suffering as well.

Claims are possible against any organisation or an individual whose negligence caused the injuries. That could include:

  • Local authorities.
  • Road users (including pedestrians, cyclists, car drivers and public transport drivers).
  • Occupiers of public places like shops or restaurants.
  • Owners of public buildings.
  • Your employer.
  • Bodies responsible for roads such as the Highways Agency.

There are times when the occupier of a building might blame the owner for your accident and vice versa. If you work with us, and your claim is taken on by a personal injury lawyer from our panel, they will review your claim with you so that it becomes clear who is to blame. By assessing your claim thoroughly, it should mean no time is wasted by claiming against the wrong party.

Please call today and let us review your claim with you for free.

Do I Have An Accident Or Injury Claim?

As we have described earlier, personal injury claims might be possible if you are injured in an accident caused as a result of somebody else’s negligence. There are several things that you will need to prove. They are:

  • The responsible party (or defendant) owed you a legal duty of care to protect your safety.
  • The defendant was negligent and as a result, an incident took place.
  • You were injured or made ill because of the incident.

A duty of care is a legal obligation to individuals to meet certain standards. It is derived from various pieces of legislation. For example, all employers have a duty to try and keep staff safe as reasonably possible in the work environment due to the Health and Safety at Work etc. Act 1974.

Supporting Evidence To Back Up Your Claim

After the defendant’s legal duty of care has been established, the next step is to prove that they caused your injuries because they were negligent. To try and achieve this, you could take the following actions after an accident:

  • Seek medical attention for your injuries. This should go beyond first aid. That’s because, after a medical professional has assessed your injuries and treated you, the medical records they generate could be used as substantiating evidence.
  • Photograph the accident scene. If you are able to, you should try to do this. Ideally, your photos will capture the scene of the accident before anything has been removed, repaired or replaced.
  • Report the accident if possible. Businesses and employers have an obligation to keep an accident report book. Therefore, if you have an accident in a public place or whilst working, report it. The accident log should capture details about the location, date, time and injuries that were reported. A copy of this report could make it tricky for the defendant to deny the accident occurred.
  • Obtain CCTV footage. If the area where your accident occurred was covered by CCTV, ask for a copy. The same is true for dashcam footage covering a road traffic accident.
  • Get the defendant’s details. If the accident was caused by a business or local authority, try to get an address and main contact.
  • Seek witnesses. Anybody who saw what happened could help verify your version of events. Therefore, write down the name, telephone number and email address of any witnesses present.

Proving The Accident Caused Your Injuries

Causation is the legal term that means you can prove that the accident caused your injuries. If you don’t have any evidence to prove this, you might find the defendant admits liability for the accident but not your injuries. Evidence that you can use to prove causation is an accident report, medical records and witness statements.

As you may have noticed, personal injury claims can be quite complex. That’s why our advice is to take on legal representation. If you would like us to check if your case is suitable for one of our panel of personal injury lawyers, please call our team today.

Different Types Of Personal Injury Claims

There are many different types of accidents that might lead to a personal injury claim. In this section, we have listed some examples. If we haven’t included your accident, don’t worry, you can still contact us to discuss your claim.

  • Care home accidents.
  • Accidents abroad.
  • Injuries to the eyes.
  • Broken bones and fractures.
  • Medical negligence.
  • Slips and trips including pavement defect accidents.
  • Head injuries.
  • Scalds and burns.
  • Injuries involving children.
  • Workplace injuries (including industrial illnesses).
  • Supermarket and shop accidents.
  • Criminal injuries.
  • Chronic pain diseases.
  • Accidents in bars and nightclubs.
  • Allergic reactions.
  • Road traffic accidents including cycling accidents, motorbike accidents and pothole accidents.
  • Life-threatening and fatal injuries.

We can help you begin a claim whatever type of accident has occurred. Our team offers free legal advice on your options after a no-obligation telephone consultation. If the claim appears to be formidable, you could be connected with a personal injury lawyer from our team. If they agree to represent you, their work will be conducted on a No Win No Fee basis. Therefore, please call today to find out more about beginning a claim.

Accident And Injury Claims Calculator

We are now going to move on and look at how much compensation might be paid for different injuries. Our personal injury claims calculator table contains data from the Judicial College Guidelines (JCG). This is the document used by legal professionals when valuing injuries. The figures listed here cover any pain and suffering that results from your injuries. This type of compensation is called general damages.

As each and every compensation claim is unique, we advise that you use this data for guidance only. If you call our free legal advice line, an advisor could give you a more personalised compensation estimate.

Injury Severity LevelCompensation RangeFurther detailed information.
EyesTransientUp to £3,710Eye problems where the victim has fully recovered completely in a period of a few weeks.
EyesTotal Loss of One Eye£51,460 to £61,690Where there is total loss of sight in a single eye. Cosmetic and psychological damage will be considered when valuing.
EarsSevere£27,890 to £42,730Where there is severe tinnitus and also noise-induced hearing loss.
FaceFractures£13,970 to £22,470Multiple facial bone fractures resulting in some form of permanent facial deformity.
NoseFracture£3,710 to £4,790A displaced fracture of the nose requiring surgery but where full recovery occurs.
JawVery Serious£28,610 to £42,730This category covers very serious multiple fractures which require extensive treatment and cause permanent problems like restricted eating and severe pain.
NeckMinor£4,080 to £7,410Soft tissue damage to the neck which heals in around 1 to 2 years.
NeckModerate£23,460 to £36,120Fractures and dislocations of the neck that cause immediate severe symptoms.
Back Minor£2,300 to £7,410Soft tissue damage which heals in around 3 months to 2 years and where surgery is not needed.
BackSevere£36,390 to £65,440Injuries including fractured discs, disc lesions or soft tissue injuries which cause chronic conditions that, despite surgery, difficulties remain.
ShoulderSerious£11,980 to £18,020Pain in the neck and shoulder which is caused by damage to the lower brachial plexus and dislocation of the shoulder.
ArmsAmputationNot less than £128,710This category is for a single arm amputated at the shoulder.
ArmsLess Severe£18,020 to £36,770A category that covers injuries that did cause significant disability but where a large amount of recovery is expected.
WristFractureAround £6,970Covers uncomplicated Colles' fractures of the wrist.
HandSerious£27,220 to £58,100Injuries in this category will effectively reduce use of the hand to around 50% capacity.
LegsAmputation£91,950 to £124,800Covers amputations of the leg below the knee.
LegsLess SeriousUp to £11,110This bracket is used for soft tissue injuries and simple fractures of the fibula or tibia bones.
KneesSevere£65,440 to £90,290This category covers very serious knee injuries that cause gross ligament damage, osteoarthritis, disruption of the join, considerable pain and lengthy treatment.
AnklesModestUp to £12,900Includes sprains, ligament injuries and minor undisplaced ankle fractures. Factors used in this category include whether complete recovery is achieved, loss of movement, arthritis, scarring and discomfort.
FeetVery Severe£78,800 to £102,890Injuries in this category will cause severe and permanent pain.
FeetModerate£12,900 to £23,460An example injury covered by this bracket is a displaced metatarsal fracture. Continuing symptoms and deformity will result and there might be a risk of long-term osteoarthritis.

It is important to note that any compensation award for injuries will normally be based on the severity. That means that, for personal injury claims, you should have an independent medical assessment. The personal injury lawyers on our panel will usually book these locally for you.

At your appointment, an independent medical expert would carry out your assessment. They will read through any medical records, ask questions and examine your injuries. After they have finished, a report containing their findings will be compiled. This report will be forwarded to your lawyer.

No Win No Fee Personal Injury Claims

We know that many people are concerned about the cost of letting a personal injury lawyer represent them. That’s why our panel of lawyers process accepted claims on a No Win No Fee basis. If your claim is taken on, this service could be beneficial.

Unfortunately, No Win No Fee services can’t be arranged for everyone. So, before your claim is accepted, a lawyer will need to review its chances. If they decide to accept your claim, they’ll provide you with a Conditional Fee Agreement (CFA). This will show you what needs to happen before the lawyer is paid. Within the CFA, you will also see that:

  • Payment for lawyer fees does not need to be transferred before the claim can begin.
  • You won’t be asked to cover your lawyer’s fees while they are still working on your case.
  • If a claim fails, lawyer’s fees are not charged to the claimant.

In fact, you will only need to pay your lawyer their fee if they win compensation for you. If that happens, a success fee will be deducted from your compensation. This will be used to cover the cost of your lawyer’s work. Success fees are a percentage of your compensation. To stop overcharging, they are legally capped. You’ll find your success fee percentage in your CFA before signing it.

To check if you are eligible to make a personal injury compensation claim on a No Win No Fee basis, please call our team today.

FAQs About Making A Personal Injury Claim

We are almost at the end of this guide about how a personal injury solicitor could help you claim compensation. Therefore, on top of our free legal advice, we are now going to answer some frequently asked questions. After you have read them, please contact us if you would like to ask anything further.

How long do I have to start a claim?

In the majority of cases, a 3-year time limit applies to personal injury claims. Usually, this will start from the date of your accident. However, if your injuries are not diagnosed until later (as with industrial illness claims), your time limit will begin from the ‘date of knowledge’. There are exceptions, however. Freephone us to discuss this.

What evidence do I need to make a claim?

To support your claim, evidence is needed to prove that the accident took place, who was responsible and what injuries you sustained. This evidence can include witness statements, medical records, dashcam footage, CCTV, photographs and accident reports. Also, if they attended the accident scene, a police report could be used as well.

Will I have to see a doctor?

It is vital that you can prove the extent of your injuries or illness when making a personal injury claim. Therefore, an independent medical assessment can be crucial. A medical professional, such as a doctor, will assess your injuries and provide a report to explain the injuries you sustained and your future prognosis.

How many personal injury claims go to court?

It is very uncommon for personal injury claims to go to court. One reason for that is that a personal injury solicitor will check the viability of the case before accepting it. That means they’ll usually have a good idea about the cases chance of success. That said, if an amicable settlement cannot be reached, a court hearing might be required.

Could my employer sack me for making a claim?

If you make a personal injury compensation claim following an accident at work, it is illegal for your employer to sack you for this. Furthermore, they are not allowed to treat you any differently or discipline you for it.  Should you suffer because of your claim, an unfair or constructive dismissal case might be possible.

Can I claim on behalf of another person?

For personal injury claims, it is possible for an adult to represent a child. They could also do so for a person without the mental capacity to represent themselves. By becoming their litigation friend, you will deal with their personal injury lawyer and courts on their behalf. Any compensation that’s awarded will be checked by a court and placed into a trust fund.

Could I get a personal injury claim interim payment?

While you are waiting for your claim to be settled, you may have expenses relating to your injuries that you can’t cover. If that’s the case, a personal injury claim interim payment could be requested. The court shouldn’t need to get involved with this if the defendant has already admitted liability.

What special damages could I claim?

When making a personal injury claim, as well as seeking compensation for your injuries, you could also ask for special damages. The idea here is to return you to the financial position you were in prior to the accident. If financial losses were caused by your injuries and you have proof, you could recover the costs. Therefore, you could ask for travel expenses, care costs, medical expenses, lost income and the cost of modifications to your vehicle or home as part of your claim.

As a result of reading our guide, if you have decided to begin a claim or would like to discuss anything with us, you can:

Related No Win No Fee Claims Resources

Thank you for taking the time to visit our site today. We hope that the information we have supplied about making No Win No Fee personal injury claims has been useful. In this final part of our guide, we have provided some links that might come in handy. Please let us know if there is anything else that you require.

RIDDOR – Information about when companies have to tell the Health and Safety Executive about accidents at work.

The Motor Insurers’ Bureau – Details about claiming through a government scheme if you are hit by an uninsured driver.

Sue Your Employer – Information on claiming for injuries caused because of employer negligence.

Suing The NHS – Details on making a claim for suffering that happens as a result of NHS negligence.

How To Sue Your Local Council – Advice on claiming if you’re injured because of council negligence.

How To Sue For Data Breach Compensation – Learn more about what steps you could possibly take following a GDPR data breach.

Article by HAM

Edited by VIC