If you have been injured in an accident that wasn’t your fault, you may be unsure about your rights to claim compensation. We understand that one of the biggest hurdles to seeking compensation is information, so we’ve made this guide to outline everything you need to know about the personal injury claims process.
To start, we will look at different kinds of personal injury claims, explain how fault is determined, and how to prove a claim. Then, we will outline how injuries are assessed, how compensation claims are valued, and how long the process could take. Finally, we consider the benefits of using a No Win No Fee solicitor.
If you would like more information about making a personal injury claim after reading our guide, please reach out using the contact details listed below:
- Ring us on 0800 408 7827.
- Contact us online by filling out our callback form.
- Use our live chat pop-up.
Jump To A Section
- What Are The Different Types Of Personal Injury Claims?
- How Can I Prove My Personal Injury Claim?
- How Are Personal Injury Compensation Claims In The UK Valued?
- What Else Can Personal Injury Compensation Cover?
- How Long Does It Take To Receive An Offer Of Compensation?
- How Long Do Personal Injury Claims Take?
- Finding The Right No Win No Fee Personal Injury Solicitors
- Learn More
What Are The Different Types Of Personal Injury Claims?
Personal injury claims can involve accidents on the road, at work, and in a public space. No matter where your accident happened, you will need to be certain that you have valid grounds to make a claim. Generally, that means the following:
- Someone, such as an employer or road user, owed you a duty of care.
- Their failure to uphold their legal obligations led to your accident.
- The accident directly resulted in your injuries.
If you meet these criteria, you may be eligible to claim compensation. Keep reading to see how a duty of care applies to different personal injury claims.
Can I Claim For A Road Traffic Accident?
Yes, so long as you can prove that another road user was at fault for your accident. From motorists to cyclists, all road users have a duty of care to prevent injury or damage to each other (and themselves). In order to do so, they must follow the Road Traffic Act 1988 and the Highway Code.
In that context, the following road traffic accidents could result in a compensation claim:
- You suffer head injuries when a driver hits your vehicle whilst they are on their phone.
- You break your sternum after a drink driver speeds into oncoming traffic.
- You sustain a serious injury following a rear-end collision with a car that turned too fast.
Can I Make An Accident At Work Claim?
If an employer doesn’t take reasonable steps to ensure the safety of their workforce per the Health and Safety at Work etc Act 1974, you may be entitled to compensation. When an employer falls short of those expectations, it can result in the following scenarios:
- A construction company fails to provide protective headgear, leaving you with a concussion from falling debris.
- An employer doesn’t make a risk assessment of heavy packages, resulting in you hurting your back when lifting them.
- A garage neglects regular machinery inspections, causing you to injure your hand because of faulty equipment.
How Can I Make Claims for Accidents In Public Places?
Like other personal injury claims, your initial step will be to establish someone breached their duty of care to you. In short, anyone with control over a public space has a responsibility under the Occupiers’ Liability Act 1957 to take practical steps to ensure visitors are reasonably safe on their premises. With that in mind, you could be eligible to claim if:
- A supermarket fails to signpost an aisle spill, causing you to slip and break an ankle.
- A hotel skips regular room inspections, leaving you seriously injured after a poorly maintained wardrobe falls.
- A local council doesn’t conduct repairs on a busy high street pavement despite knowing about tripping hazards for some time.
To discuss the circumstances of your accident, get in touch for tailored advice today.
How Can I Prove My Personal Injury Claim?
All personal injury claims rely on evidence, which you should start detailing as soon as possible. In particular, you may find the following evidence helpful:
- Contact details for witnesses: A solicitor can gather statements from anyone who might have seen your accident.
- Visual records: Photographs and videos from the scene could show how an accident occurred. Moreover, CCTV or dashcam/headcam footage can capture the accident as it unfolded.
- Documents: This could include relevant correspondence, an employer’s accident book, or emergency service reports.
In addition, keeping a diary can be beneficial as you can outline what happened whilst it is fresh in your memory and document how your injuries affect day-to-day life.
How Are The Impact Of Injuries Determined?
When evaluating your physical and/or psychological injuries, the claims process will consider factors like injury severity, rehabilitation needs, and how quality of life is impacted. As part of this nuanced process, your solicitor may arrange for an independent medical assessment to strengthen your claim. Alongside this expert medical evidence, your claim can also benefit from:
- Medical records showing a timeline of treatments, appointments, and specialist consultations.
- Notes from a psychiatrist detailing the impact on your mental health.
- Photographs documenting visible injuries.
Contact an advisor today to find out how medical evidence can help your personal injury claim.
How Are Personal Injury Compensation Claims In The UK Valued?
General damages account for your pain and suffering and are the starting point for valuing compensation. Alongside the medical evidence we discussed above, personal injury lawyers may also consult with the Judicial College Guidelines (JCG) to help value a claim. The JCG is a non-binding document that gives insight into how various factors can influence compensation for general damages.
In the table outlined below, we have listed multiple physical and psychological injuries along with their descriptions and associated compensation brackets. The first entry is not derived from the JCG, whilst the other figures are not a guarantee of compensation.
| Type of Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Multiple Injuries And Financial Loss | Severe | Up to £1,000,000+ | This would be inclusive of multiple physical/psychological injuries and related expenses like home care and lost income. |
| Injuries Involving Paralysis | Paraplegia | £267,340 to £346,890 | Award will be influenced by several factors, including what level of independence remains, if there is depression, and affect on life expectancy. |
| Brain and Head Injury - Injury Resulting From Brain Damage | Moderately Severe | £267,340 to £344,150 | Need for continuous professional care with disabilities that could include limb paralysis or clear intellectual impairment. |
| Kidney | Serious | £206,730 to £256,780 | Cases include permanent damage to (or loss) of both kidneys. |
| Neck | Severe (ii) | £80,240 to £159,770 | This category of severity can include permanent brachial plexus damage resulting from serious fractures/damage to cervical discs. |
| Amputation of Arms | Loss of One Arm (ii) | £133,810 to £159,770 | Involves amputation above the elbow. |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 | Permanent impact on all aspects of life, which may prevent a claimant from working. |
| Chest Injuries | Traumatic | £80,240 to £122,850 | May have caused permanent damage to chest, heart, and/or lungs and affected life expectancy. |
| Back | Moderate (i) | £33,880 to £47,320 | Cases can include traumatic spondylolisthesis and intervertebral disc damage. |
| Skeletal Injuries | Multiple Fractures of Facial Bones | £18,180 to £29,220 | Will result in some degree of permanent "facial deformity." |
Does Personal Injury Compensation Get Taxed?
In general, UK law states that personal injury compensation or damages are not taxable or subject to Capital Gains Tax. However, exceptions to this may apply to interest.
Will My Personal Injury Claim Affect Any Benefits I Receive?
Depending on the level of compensation you receive, a successful claim may take you above the threshold for certain means-tested benefits. However, benefits like the Disability Living Allowance (DLA) would be unaffected.
To learn more about how personal injury claims may affect benefits, get in touch with one of our trained advisors today.
What Else Can Personal Injury Compensation Cover?
Your claim can also cover related financial losses under special damages. So long as you have evidence like payslips and receipts, you could be reimbursed for costs like:
- Travel expenses incurred when attending medical appointments.
- Loss of earnings due to missing work.
- Medical treatment and physiotherapy.
- Ongoing home care.
Could I Get An Interim Payment?
Under certain conditions (and if there is an immediate need), claimants can receive a percentage of their compensation before a claim concludes. For instance, you could apply for an interim payment if a defendant accepts their liability and you show you need help paying for medical care or urgent home adjustments.
Interim payments are usually agreed upon whilst your solicitor is negotiating a settlement figure, which we’ll discuss next. You can also learn more about compensation in personal injury cases from our team of advisors.
How Long Does It Take To Receive An Offer Of Compensation?
Although personal injury claims have no set timescales, some do follow defined timeframes set out by the Pre-Action Protocol for Personal Injury Claims. This process aims to help people amicably settle claims out of court.
If a defendant admits their liability, a claim can move forward to the negotiation phase relatively quickly. At this stage, legal representatives may be locked in several rounds of negotiations as they exchange multiple compensation offers. These negotiations might result in a final settlement or further mediation through the alternative dispute resolution (ADR) process if there is an impasse.
Do You Have To Go To Court For A Personal Injury Claim?
As a general rule, personal injury claims do not usually go to trial unless the ADR mentioned above is unsuccessful. However, there are rare instances (such as those involving catastrophic life-changing injuries) where a judge may need to hear a claim.
Our advisors are on hand to answer any questions you have about settling out of court.
How Long Do Personal Injury Claims Take?
As we’ve seen, personal injury claims do not follow definitive timeframes. Whilst some claims resolve quickly when a defendant admits liability, others may take longer if they are complex, negotiations prove difficult, or a claimant’s injuries are particularly severe.
One related consideration is the matter of time limits. With some exceptions, the Limitation Act 1980 requires personal injury claims to be started within 3 years of an accident. However, time limits are put on hold under the following conditions:
- For children, the 3-year window only begins to run down on the day of their 18th birthday. This is because minors are otherwise unable to start a claim before they are of age.
- For claimants who lack sufficient mental capacity, time limits are suspended, but that freeze will end on the date that the ability to act independently returns.
When these exceptions apply, the courts may appoint a litigation friend (such as a parent or solicitor) to act on an individual’s behalf and launch a claim before time limits take effect.
For further information about claim timeframes, please reach out to our team for free advice.
Finding The Right No Win No Fee Personal Injury Solicitors
If you want to make a No Win No Fee personal injury claim, you need to find a solicitor that meets your expectations. The legal fees involved in hiring a lawyer are often a particular concern, but signing a Conditional Fee Agreement (CFA) with a solicitor from our panel can ease some of those worries. A CFA is a type of No Win No Fee agreement that means:
- Not having to pay a solicitor’s fee upfront.
- Not facing additional solicitor fees during the claim process.
- Not paying a solicitor’s fee when a claim fails.
In the event of a successful outcome, you’d pay your solicitor a success fee from your compensation payment. Since this percentage is small and legally capped, you would get the majority of your compensation.
Contact Our Panel Of Solicitors
To start your compensation journey today, use the details below to find out whether you could be connected with a specialist personal injury solicitor from our panel:
- Ring us on 0800 408 7827.
- Contact us online by filling out our callback form.
- Use our live chat pop-up.
Learn More
For further reading, please consider the following guides:
- An in-depth look at food poisoning compensation.
- A detailed study of how to sue after a trip or fall.
- A discussion on warehouse accident compensation options.
In addition, the following resources may be helpful:
- HSE tips on preventing slips and trips.
- Police advice about accidents on the road.
- How to find your local council.
Thank you for taking the time to read through our step-by-step guide to personal injury claims.