In this guide, we’ll discuss some frequently asked questions regarding personal injury claims. Firstly, we look at the eligibility criteria that need to be met for you to have valid grounds to pursue compensation as well as the time limits for starting legal proceedings.
Additionally, we discuss the duty of care different third parties owe with regard to your health and safety, including employers, road users, and occupiers. We also provide examples of how a breach of this duty could lead to an accident in which you suffer an injury.
Later in our guide, we discuss how compensation is calculated and whether you could receive part of your potential payout before your claim has settled.
Finally, we look at how a No Win No Fee solicitor could assist you and the terms under which they offer their helpful services.
If you have any questions as you read, or want to get a free case check, get in touch with our advisors. They can provide advice on your next steps and how to secure a personal injury compensation settlement. To reach out, you can:
- Call an advisor using 020 8050 2736 at any time that suits you.
- Find out about making a claim online by entering your details in our form.
- Use the live chat function at the bottom of this page.
Choose A Section
- Can I Make A Personal Injury Claim?
- Is There A Time Limit When Making A Personal Injury Claim?
- Can I Claim Compensation For A Personal Injury If I Was Partly Responsible?
- Will I Have To Go To Court?
- How Much Personal Injury Compensation Could I Receive?
- Can I Get Compensation Payments Before My Claim Has Completed?
- What Can Be Used As Evidence In A Personal Injury Claim?
- What Is A No Win No Fee Agreement?
- More Resources About Personal Injury Compensation Claims
Can I Make A Personal Injury Claim?
You may be eligible to make a personal injury claim if you meet three criteria:
- Firstly, that a third party owed a duty of care to you at the time and place of injury.
- They breached this duty.
- You suffered an injury as a consequence.
These points define negligence in tort law and need to be proven for you to have valid grounds to proceed with your case.
In the following sections, we discuss the duty of care employers, road users, and occupiers of a public space owe you. You can also find examples of how an accident causing injury could occur if this duty is breached.
Road Traffic Accidents
Road users owe a duty of care to each other. They are required to use the roads and operate their vehicles in a way that prevents causing harm, either to others or themselves. In order to properly comply with this duty, road users need to adhere to the Road Traffic Act 1988 and the rules in the Highway Code.
An example of how they could breach this duty causing injury includes:
- A motorist drives above the speed limit and crashes into the back of you in a rear-end collision. As a result, you suffer a neck injury in a road traffic accident for which you could claim compensation.
Accidents In A Public Place
Those in control of public places, known as occupiers, owe a duty of care to members of the public using the space for its intended purpose. This duty, as outlined in the Occupiers’ Liability Act 1957, requires them to take steps to ensure public members’ reasonable safety. Failure to do so could lead to an accident in a public place, for example:
- A customer slips and falls on an unmarked spillage in a supermarket that wasn’t cleaned up in a reasonable time frame, despite complaints being made about the hazard. The resulting fall causes serious cuts, bruises, fractures, and a minor head injury, such as concussion.
Accidents At Work
A duty of care is owed by employers to their employees. The Health and Safety at Work etc Act 1974 (HASAWA) outlines that reasonable steps as well as those that are practicable must be carried out to avoid employees from sustaining harm as they work. If this duty is not upheld, it could result in an accident at work in which an employee is injured. For example:
- There is a failure by an employer to provide correct personal protective equipment (PPE) necessary to reduce the risk of injury, where this risk cannot be completely removed, such as gloves when working with hazardous chemicals. As a result, the employee sustains a burn injury through contact with hazardous chemicals.
If you would like to discuss your workplace accident, public place accident, or road traffic accident, please contact an advisor on the number above. They can provide more guidance on when personal injury claims are possible.
Is There A Time Limit When Making A Personal Injury Claim?
The Limitation Act 1980, outlines a three-year time limit to initiate a personal injury compensation claim. This usually commences from the date of the accident but there can be exceptions made in different circumstances.
For example, minors who have been injured have the time limit paused until they turn 18. While the pause is in place, the courts could appoint a litigation friend to start the claim on their behalf. If this isn’t done by the time the child turns 18, they will have three years from this date to start their own claim.
Additionally, the personal injury claims time limit is suspended indefinitely for people with a reduced mental capacity. A litigation friend could bring forward the claim for them. If no claim has been made for them, and they regain their capacity, the time limit will recommence from the recovery date so they can start legal proceedings themselves.
Please get in touch if you have any questions about the time limits and exceptions that could apply. Our team can provide free information and advice about your next steps.
Can I Claim Compensation For A Personal Injury If I Was Partly Responsible?
It can be possible to claim if you were partly responsible for the accident in which you suffered an injury. This is called split liability. You could also claim if you were partially responsible for the severity of your injuries, known as contributory negligence.
In a split liability claim or contributory negligence claim, your compensation would be reduced accordingly.
For more information, you can get in touch with an advisor on the number above. They can give more guidance on personal injury claims where you were partially responsible for the accident or your injuries.
Will I Have To Go To Court?
Most claims for a personal injury do not need to go to court. As part of the personal injury claims process, a set of actions, called Pre-Action Protocol, need to be carried out to avoid the need to go to court.
If you instruct a solicitor to represent you, they can carry out these actions on your behalf to help settle the claim prior to court proceedings being initiated.
To find out more about whether you claim will need to go to court, call our team on the number above.
How Much Personal Injury Compensation Could I Receive?
There are up to two heads of loss that can make up a settlement following a successful personal injury compensation claim. The primary head is general damages which awards compensation for the pain and suffering caused by your injuries, either physical and/or psychological. As well as pain and suffering, this award considers the severity of the injuries, the treatment required, the future prognosis given, and the recovery period.
To apply a value to general damages, those responsible for calculating settlements can refer to medical evidence and consult publications, such as the Judicial College Guidelines (JCG), which contains guideline valuation brackets for different injuries.
Below you can see an excerpt from this publication. However, these amounts represent guidelines only. Also, the first amount is not from the JCG.
Compensation Guidelines
| Type of Injury | Severity | Notes | Compensation Bracket Guidelines |
|---|---|---|---|
| Multiple Severe Injuries Plus Financial Costs | Severe | Compensation for the mental and physical impact of multiple injuries that are serious in nature and costs incurred, such as lost income, the cost of care or home adaptations. | Up to £1,000,000 plus |
| Brain Damage | (a) Very Severe | Poor language function, double incontinence, little to no evidence of the person being able to meaningfully respond to their environment, and the requirement for full-time nursing care. | £282,010 to £403,990 |
| (c) Moderate (i) | Cases where a moderate to severe impact occurs to intellect alongside a change in personality, impact on the senses, and a substantial epilepsy risk. | £150,110 to £219,070 | |
| Paralysis | (b) Paraplegia | Paralysis of the lower limbs. Factors influencing the award include the presence and extent of pain, degree of independence, and age. | £219,070 to £284,260 |
| Back | (a) Severe (i) | The most severe injury involving spinal cord and nerve root damage causing a mixture of very serious consequences, such as severe pain and disability. | £91,090 to £160,980 |
| (b) Moderate (i) | Damage to an intervertebral disc with irritation to the nerve roots and leading to reduced mobility. | £27,760 to £38,780 | |
| Knee | (a) Severe (i) | Cases involving a serious knee injury where there has been joint disruption and gross ligament damage. Considerable pain and loss of function is also present. | £69,730 to £96,210 |
| Leg | (b) Severe (ii) | Permanent mobility problems and walking aids required for the remainder of the person's life due to very serious injuries. | £54,830 to £87,890 |
| (c) Less Serious (i) | Cases involving serious soft tissue damage or where fractures have made an incomplete recovery. | £17,960 to £27,760 |
What Are Special Damages?
Special damages are the second head of loss that can make up your settlement awarding compensation to reimburse you for the monetary losses caused by your injuries. To claim back these costs, you need to provide evidence, such as receipts, wage slips and invoices.
Examples of the financial losses you could claim back include:
- Any current or predicted lost earnings because you were unable to work.
- Medical costs.
- Domestic care costs.
- Travel expenses.
- The cost of any home adaptations.
To find out how much compensation can be awarded in successful personal injury claims, please contact an advisor. They can also provide an estimate of the potential value of your claim. Find out more by getting in touch via the contact number above.
Can I Get Compensation Payments Before My Claim Has Completed?
Interim payments allow claimants to be awarded part of their compensation payout before the claim settles.
You might be eligible for an interim payment if you have immediate costs, such as for ongoing medical treatment or other related expenses, to cover following the accident that you are unable to pay yourself. For example, if you have been unable to work due to your personal injuries and you have lost income.
An application must be submitted to request an interim payment. If you choose to have a solicitor represent you, they can carry out this request for you.
For further information on getting compensation before a claim has settled, call our team on the number above.
What Can Be Used As Evidence In A Personal Injury Claim?
You might be wondering, ‘How can I prove my compensation claim?’. Evidence that shows third-party negligence could help substantiate your case. As such, you should gather as much evidence as possible, such as:
- Pictures of your injuries and any hazards that caused or contributed to the accident.
- Copies of medical records, such as X-ray scans, specialists reports and letters from your GP or a doctor from the hospital.
- A copy of the incident report from the workplace accident book, if you suffered injuries at work.
- Video footage that captured your accident, such as from a dashcam or CCTV.
- A diary that details your symptoms and medical treatment you needed.
- Witness contact details. These can be used to collect witness statements if required at a later stage.
Whilst you don’t need to instruct a solicitor when making a claim, you could benefit from doing so as they can help you with gathering evidence and presenting your case within the personal injury claims time limit.
Additionally, they can guide you through the different stages of the claims process and help you seek a fair settlement.
Read on to find out more about working with a specialist personal injury solicitor, or contact our team to find out whether you could be connected with a solicitor from our panel who has experience handling compensation claims.
What Is A No Win No Fee Agreement?
At Personal Injury Claims UK, our team could connect you with an expert solicitor from our panel, if you have eligible grounds to pursue compensation.
The personal injury solicitors on our panel offer their services under a version of the No Win No Fee contract called a Conditional Fee Agreement (CFA). This has various advantages, such as:
- No fees for their work upfront, as the claim progresses, or if the claim fails.
- A success fee is paid to your solicitor from your compensation following a successful claim. This is taken as a percentage that has a legal cap.
For further guidance on personal injury claims and how an expert solicitor from our panel could assist on a No Win No Fee basis, contact our team today. To do so, you can:
- Call on 020 8050 2736 at any time that suits you.
- Find out about making a claim online by entering your details in our form.
- Use the live chat option below.
More Resources About Personal Injury Compensation Claims
Below are some other articles from our website:
- Information on the process involved in seeking personal injury compensation and how a solicitor could assist you.
- Discover the average compensation for a trip at work and how settlements are calculated.
- Guidance on knee injury compensation claims and how to secure a settlement for your pain and suffering.
For more helpful resources:
- Information about preventing slips and trips from the HSE.
- Guidance on first aid from NHS.
- Helpful road traffic accident statistics from the Department of Transport.
If you have any other questions relating to personal injury claims, please contact an advisor on the number above.