What Is Personal Injury Law?
If you’re unsure about what personal injury law is, you may also be unclear about when you can make a personal injury claim. This guide will explain both. As such, you can then see if you could potentially use a No Win No Fee solicitor or No Win No Fee lawyers in the UK to claim.
The guide will also answer important questions, such as:
- What falls under personal injury?
- What does a personal injury claim cover?
- How do personal injury claims work?
- What are examples of personal injury?
- How do No Win No Fee claims work?
- When should I potentially use No Win No Fee personal injury solicitors?
If you prefer, you can speak to one of our advisors for free legal advice. They’re available 24/7 and you won’t be under any obligation to proceed with the services of our panel of lawyers. They can clarify the personal injury claims process to you and confirm if you’re eligible for personal injury compensation.
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What Is Personal Injury Law?
Personal injury law is, effectively, a system designed to help those who suffer injuries caused by someone else’s negligence. As such, if someone has caused physical or psychological harm to you and it’s deemed that they are at least partially responsible, then the situation should be made fair. This could involve compensation being awarded.
This is why, for instance, you may be searching “No Win No Fee lawyers near me.” However, it’s important to note that some solicitors, such as those on our panel, can work on personal injury claims from anywhere in the country.
Our advisors could connect you with our panel of solicitors if you have a favourable claim, so why not get in touch for their free legal advice?
Am I Eligible To Make A Personal Injury Claim?
Being able to make a successful personal injury claim revolves around negligence. Certain third parties have a duty of care to you and, if you injure yourself due to them breaching this duty of care, you may be able to claim due to negligence. There are three requirements to prove negligence. They are:
- That the third party has a duty of care to you.
- That you have evidence showing that the third party breached their duty of care.
- And it’s this breach that led to your injury.
There are several other factors to consider if you’re looking to make a personal injury claim.
- There is a personal injury claims time limit. You generally need to make a claim either three years from the date of the incident or three years from the date you became aware of negligence at least contributing to the injury. This is outlined in the Limitation Act 1980.
- Someone under the age of eighteen or someone who does not have the capacity to make a claim can still potentially have one made on their behalf. In these instances, someone would need to be named their litigation friend so they can claim on the injured person’s behalf.
You can also make fatal accident claims if your loved one has passed away due to an accident they weren’t liable for. Legal experts, such as No Win No Fee lawyers, could help you with this.
Types Of Cases In Personal Injury Law
You may be wondering, “So when can I make a No Win No Fee compensation claim?” By looking at road traffic accidents, accidents at work and accidents in public places, we hope to provide you with a background on how personal injury law can affect you.
Road Traffic Accidents
All road users have a duty of care to one another as established in The Highway Code. These are a set of rules designed to outline correct road conduct. In doing this, it also highlights negligent road conduct as anything that goes against this code. This is to help prevent a road traffic accident (RTA) from occurring.
Examples of scenarios in which you may be able to claim include:
- Another driver colliding with your vehicle due to going above the speed limit. This could lead to you suffering a ligament and tendon injury, for example.
- Another vehicle crashing into you due to them mistiming when to turn onto a roundabout, causing you to endure broken bones. This could cause you to look up accident claims and seek fracture compensation.
However, if your injuries from a road traffic accident are worth less than £5,000, you will have to claim through a different method. This is explained in The Whiplash Injury Regulations 2021. Before you do that, please call our advisors using the button at the top of the page. They provide free legal advice and you may have underestimated what your injuries could be worth.
Accidents At Work
Your employer has a duty of care to take reasonably practicable steps to make sure your workplace is safe and secure. It’s not just about being able to perform your role to the required level—it’s about making sure, within reason, that all steps are taken so you can perform all daily tasks safely while using their premises. This is outlined in the Health and Safety at Work etc. Act 1974.
As such, if you’ve suffered accidents at work resulting in injury, it may be due to employer negligence. Examples of instances where you may be able to claim for employer negligence include:
- Having an accident at work resulting in you suffering from a preventable industrial disease. This could be, for instance, carpal tunnel syndrome due to working with vibrating tools without adequate breaks provided by your employer.
- Looking to make an accident at work claim due to being made to use faulty equipment, such as a ladder. This could lead to you falling off it and reading No Win No Fee solicitors reviews to gain legal advice.
The Health and Safety Executive (HSE) provides guidance on work-related injuries. To find out more about instances where you may be able to make accident at work claims, visit their website.
Accidents In Public Places
You may also be looking to make a claim due to injuring yourself in a public place. People who control public places are often referred to as the ‘occupier’.
Occupiers have a duty of care to every member of the public that uses their facilities. They need to take reasonable steps to make sure the general public are safe when using the space. This duty of care is outlined in the Occupiers’ Liability Act 1957.
Examples of this kind of negligence include:
- Falling downstairs due to a faulty handrail that the occupier was aware of but didn’t fix.
- Tripping over exposed wiring that the occupier laid but didn’t ensure was safe.
What Is The Average Payout For A Personal Injury Claim In The UK?
The Judicial College has analysed previous payouts and compared them to both the injury itself and the severity of the injury. As such, their research has led to them being able to provide compensation brackets for many different types of injuries. You may see similar compensation brackets being used in a personal injury claim calculator.
As part of the claims process, you’d attend a medical assessment with an independent medical professional. They’d check your injuries and create a report from this. The point of the report is to show:
- The severity of your injuries.
- The injuries were caused or worsened by the incident that wasn’t your fault.
Your solicitor could use the report to help them when valuing your claim.
On top of damages for your physical or psychological injuries, you could also claim for the financial losses they’ve caused you.
You may be wondering “What is the average payout for a personal injury claim in the UK?” As you can see, however, it can be difficult to provide an exact average applicable to your case as it depends on the nature and severity of your injury. Due to this, the amount you could receive from any claim can differ due to many factors.
To get a free estimate from our advisors, please contact us via our website or give us a call using the phone button at the top of this page.
How To Connect With No Win No Fee Personal Injury Solicitors
A No Win No Fee solicitor from our panel could help you receive thousands of pounds of compensation. Benefits of using them include:
- Not having to pay any legal fees to these personal injury solicitors either upfront or during the claims process. This is guaranteed through a Conditional Fee Agreement, often referred to as a No Win No Fee agreement.
- Only taking payment for the legal fees from your compensation in the form of a small, legally capped portion. What’s more, this only happens if your personal injury claim has been successful.
- If your claim is unsuccessful, they will not request any legal fees from you.
Our advisors offer free legal advice so, if you still have questions or queries about making a claim, please get in touch. They can clarify if you’re eligible to make a claim and answer questions such as “what are the different stages of a personal injury claim in the UK?” Call us using the button at the top of the page.
Discover More About Personal Injury Law
For more useful information concerning making a personal injury claim, please use the links below.
To know more about claiming compensation for injuries caused by roads or pavements, read the Government’s advice.
For more information about the reporting of injuries and diseases through the HSE, visit this page.
To discover more about road traffic accident statistics from Great Britain, visit the Department for Transport website.
For information on personal injury claims time limits, read our guide.
We also have a guide to claiming after an accident at work.
Additionally, we have a guide to making a road traffic accident claim.
Written by DUR
Published by VIC