Have you suffered an injury due to someone else’s negligence? If this caused you pain and suffering, you may be entitled to compensation. For this reason, many in your situation choose to make personal injury claims.
Personal injury claims guide
A personal injury is an injury you suffer due to someone else breaching their duty of care to protect your safety. In the event of a workplace accident, a public place accident, or a road traffic accident, there are parties that owe you a duty of care.
This guide aims to help explain what a personal injury claim is and under what circumstances you may be able to pursue one. Before reading this article, you might have questions such as:
- How do personal injury claims work?
- What are examples of personal injury?
This guide will answer your questions to ensure you gain as much knowledge as possible about making a compensation claim. Our advisers are always available to offer free legal advice and assess how much compensation you may be owed.
If you have a valid claim, they can connect you to a personal injury lawyer from our panel to discuss No Win No Fee agreements with you. They can then begin working on your claim to help you receive compensation.
You can contact our advisers by:
- Calling us on the number at the top of the page.
- Chatting with an adviser via our live chatbox to receive a reply immediately.
Select a Section
- The Definition Of Personal Injury, With Examples
- Proving Negligence And The Personal Injury Claims Process
- Do Personal Injury Claims Have A Time Limit?
- Personal Injury Compensation Payout Examples
- Working With No Win No Fee Personal Injury Solicitors
- Discover More More About Personal Injury Claims
The Definition Of Personal Injury, With Examples
A personal injury occurs when you endure an injury due to someone else’s negligence. Here are some examples:
Accident At Work
The Health and Safety at Work etc. Act 1974 states that employers have a duty of care to keep employees reasonably safe and free from harm. They can do this by minimising or removing hazards in the workplace as much as reasonably possible.
For example, you could suffer a broken ankle injury due to falling off faulty ladders your employer provided you with. In this case, the employer would be negligent as they should’ve completed safety checks on all equipment to ensure it’s safe to use.
Accident In A Public Place
The Occupiers’ Liability Act 1957 outlines that anyone who controls a public place has a duty of care to keep anyone who can access it (whether invited or not) safe. If a member of the public is injured by a manhole the controller was aware of but didn’t fix, for example, the controller could be seen as negligent as they should have ensured the public place was safe.
Road Traffic Accidents
The Road Traffic Act 1988 outlines the rules that road users must follow to keep everyone safe. This involves using the road with standard care and skill.
An example of a personal injury from a vehicle accident is if someone is dangerously driving (for example, speeding) and crashes into another vehicle or pedestrian. This could cause the road users to suffer an injury and the road user who dangerously drove would be seen as negligent.
Proving Negligence And The Personal Injury Claims Process
When claiming, you must evidence that your injuries were caused by someone else’s negligence. For example, in a workplace accident, your employer must be negligent in order for you to be able to make a personal injury claim.
Employers have a duty of care to keep employees safe by minimising risks in the workplace. If they breach this duty of care and you suffer an injury, they’re negligent and you may be entitled to compensation.
You must provide evidence in order to prove this negligence, such as:
- Witness statements
- CCTV footage
- Photos of your injuries
You can contact our expert advisers today to discuss what evidence you can gather for your personal injury claim. If you have a favourable claim, they can connect you to a personal injury solicitor from our panel to begin your claim.
Do Personal Injury Claims Have A Time Limit?
The time limit for personal injury claims is usually three years. This means three years from the exact date you endured the injuries or from when you gained knowledge that your injuries were caused by negligence on the part of someone else.
However, some exceptions include:
- Child accident claim. If you’re not yet 18, the three-year time limit starts on your 18th birthday. Alternatively, an eligible adult can become a litigation friend to claim on your behalf sooner than this if you’d prefer.
- Lack of mental capacity. If you don’t have the mental capacity to file a personal injury claim, the three-year time limit starts from the date of recovery. On the other hand, someone you trust can act as a litigation friend to make the claim for you.
Personal Injury Compensation Payout Examples
Instead of using a personal injury claims calculator, we’ve added a compensation table to this guide. This shows some of the different possible compensation awards for different personal injuries.
The figures are taken from the Judicial College Guidelines (JCG) and your potential settlement amount may vary. The JCG is a publication solicitors use to help them value injuries.
Furthermore, this table is for example purposes only.
| Injury: | Severity: | Notes: | Compensation: |
|---|---|---|---|
| Foot Injuries | Amputation of Both Feet | The awarded bracket is similar to that of below-knee amputation as an ankle joint is lost. | £158,970 to £189,110 |
| Foot Injuries | Serious | Long-term, painful traumatic arthritis and lengthy treatment. | £23,460 to £36,790 |
| Hand Injuries | Total or Effective Loss of Both Hands | Both hands are extensively damaged leaving them of little use. | £132,040 to £189,110 |
| Hand Injuries | Serious Hand Injuries | The use of the hand is reduced to 50% capacity. For example, multiple fingers are amputated then rejoined to the hand resulting in clumsiness. | £27,220 to £58,100 |
Compensation awards generally include general and special damages. The above figures represent general damages and the awarded bracket can be based on how severe the length of treatment and severity of the injury.
General damages compensate for the physical and mental harm the injury has caused. For example, you might have suffered post-traumatic stress disorder (PTSD) due to the injury.
Special damages compensate for the financial loss the injury has caused. For example, you may have suffered a loss of earnings if you took time off work whilst recovering.
In order to prove special damages, you should use evidence such as payslips, bank statements or receipts.
Make A No Win No Fee Personal Injury Claim
A No Win No Fee agreement, also called a Conditional Fee Agreement, is a signed arrangement between the personal injury solicitor and claimant. It outlines the conditions your solicitor must meet to receive payment.
Should your claim fail, you don’t pay your solicitor fees. If your claim succeeds, your solicitor will take a small percentage that’s legally capped from your compensation. You will be aware of this beforehand and most of the compensation should still be awarded to you.
If you’d like to discuss making personal injury claims, our advisers would be pleased to help. They’re available 24/7 and can offer you free legal advice and look at whether you may be entitled to compensation.
For claims that have solid grounds for success, they can connect you to an expert personal injury solicitor from our panel who can discuss No Win No Fee agreements with you. You can then begin working on the claims process together.
You can contact our friendly team of advisers via:
- A telephone call on the number above.
- Our live chat to receive an instant response.
Learn More About The Personal Injury Claims Process
Have You Broken A Bone? – If you suspect you may have suffered a bone fracture, this NHS article includes useful information.
Broken ankle – Have you suffered a broken ankle due to a personal injury? This NHS guide has important information about this injury.
The Royal Society for the Prevention of Accidents (RoSPA) aims to reduce accidental injuries
We have some other guides that you may find useful:
- Read more about No Win No Fee road traffic accident claims here
- Or head here to learn more about accident at work claims
- Personal Injury Claims
- What Is The Personal Injury Claims Time Limit?
- What Should I Do After a Slip, Trip and Fall Accident?
- Can I Use A Personal Injury Claims Calculator?
Thank you for reading our guide about personal injury claims.