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If you’ve been hurt in an accident that wasn’t your fault, you may already be aware of how significant and potentially life-changing the physical, psychological, and financial fallout of an injury can be. As you look to recover from your experience, you may have given some thought to making a personal injury claim. No matter the circumstances of your accident and injury, it can be beneficial to learn about the claims process before you start pursuing compensation. That can not only make it easier to get started but also ensure there are no unwanted surprises as you navigate the various stages of making a claim.
Key Takeaways
- Personal injury claims can encompass accidents in the workplace, in public, and on the road.
- Some of the most common causes of personal injury accidents include slips, trips, falls, car collisions, and defective equipment.
- Many types of injuries can be claimed for, ranging from severe brain trauma and paralysis to fractures and dislocations.
- Compensation can be awarded for any pain, suffering, and financial loss related to a personal injury.
- You may still be able to make a personal injury claim even if you partly contributed to the accident.
At Legal Helpline, our advisors work around the clock to provide the best service possible to clients looking to get started with the personal injury claims process. You can also benefit from the free consultation service that they offer to all prospective claimants. To speak to a member of our helpful advisory team, feel free to get in touch:
- Call us on 0333 000 0729
- Contact us by filling out our online form
- Use our free live chat feature
Frequently Asked Questions
- What Is A Personal Injury Claim?
- How Can I Know If I’m Eligible To Claim For A Personal Injury?
- What Is The Time Limit For Claiming Personal Injury Compensation?
- How Is Compensation Calculated In Personal Injury Claims?
- What Is The Average Personal Injury Compensation Amount?
- What Is Needed To Prove A Personal Injury Was Someone Else’s Fault?
- Can Personal Injury Claims Be Made On A No Win No Fee Basis?
- Frequently Asked Questions
- More Information
What Is A Personal Injury Claim?
A personal injury claim is the legal process of seeking compensation for the pain, suffering, and associated financial loss caused by someone else’s negligent actions. As such, we will highlight various scenarios involving accidents on the road, in public, and at work that can give rise to potentially valid personal injury claims.
Road Traffic Accidents
All road users, including drivers, motorcyclists, cyclists, and pedestrians, have a responsibility to navigate in such a way that they avoid causing harm to others. This duty of care also requires them to uphold the Highway Code and the Road Traffic Act 1988.
Therefore, if you’ve been involved in an accident that wasn’t your fault, you could make a road traffic accident claim for your injuries. For example:
- You may have been involved in a rear-shunt accident with a third party who failed to brake. You could suffer severe neck, back and psychological injuries as a result.
- Another car fails to give way at a roundabout and hits the side of your vehicle. The hit and run accident was caused by the driver being distracted by their phone, and leaves you with head trauma and anxiety.
- A speeding driver failed to stop at a zebra crossing, resulting in severe leg and spinal paralysis.
Public Place Accidents
Under the Occupiers’ Liability Act 1957, those in control of public spaces have a duty of care to implement practical measures to ensure the reasonable safety of any visitors. These steps may vary by setting, but might include signposting potential hazards and addressing spills in a timely manner. Failing to take such measures can lead to incidents like the following:
- You slip and fall due to a spillage at a supermarket that staff ignored and didn’t mark with a ‘wet floor’ sign. This leaves you with lower back, leg, and knee injuries.
- Restaurant management fails to take action to address persistent complaints about exposed wiring throughout the establishment. You subsequently come into contact with a loose wire and suffer a serious electric shock.
- The council has been aware of loose pavement flags in a busy part of town, but has delayed repairs and failed to cordon off the damaged slabs. You trip on one of the flags, breaking your teeth and sustaining eye injuries.
Workplace Accidents
Under the Health and Safety at Work etc. Act 1974, employers must take reasonable steps to ensure the safety of all employees, such as by providing sufficient training and personal protective equipment (PPE). Any failure to meet this duty of care towards your well-being and health may lead to an accident at work claim, such as:
- Your employer fails to perform regular machinery checks, allowing faults and defects in power tools to go undetected. The equipment malfunctions whilst being used, resulting in serious hand and arm injuries.
- Warehouse management doesn’t provide adequate manual handling training sessions to staff. They subsequently instruct you to carry heavy boxes, leaving you with a serious neck injury.
- You are involved in a scaffolding accident caused by your employer’s failure to install safety railings. This results in you falling from a height, leading to a serious spine injury and broken bones.
For an in-depth analysis of your accident, please feel free to contact one of our friendly advisors today.
How Can I Know If I’m Eligible To Claim For A Personal Injury?
To know if you are eligible to claim for a personal injury, you must be able to show that you were hurt in an accident caused by a third party’s negligent actions. This involves establishing negligence by satisfying the following requirements:
- You were owed a duty of care
- Another party breached this duty of care
- The breach directly resulted in your injuries
A duty of care is essentially the obligation for responsible third parties, such as road users and employers, to take certain actions to protect the safety of others. If you’re unsure who might owe you a duty of care, the best thing to do is to contact our advisory team. They can provide more personalised guidance and check if your case meets the above eligibility criteria.
What Is The Time Limit For Claiming Personal Injury Compensation?
The time limit for claiming personal injury compensation is typically 3 years from the date of the accident, per the Limitation Act 1980. This concerns when the process should be started, as there is no specific timeframe for settling a claim. There are also exceptions for 2 groups who cannot claim independently because they are:
- Minors: The 3-year time limit for children will only take effect on their 18th birthday
- Lacking sufficient mental capacity: No time limit will apply unless and until they recover their capacity to manage their own affairs. Then, the 3 years will be counted from the date of the recovery
To learn more about personal injury claim time limits, please get in touch today.
How Is Compensation Calculated In Personal Injury Claims?
In successful personal injury claims, compensation is calculated by considering the potential value of general and special damages. All successful claims include general damages, which compensate you for any physical and mental pain and suffering you experienced due to your injuries. Your medical report will be used in conjunction with the Judicial College Guidelines (JCG) when calculating these damages, as the text matches suggested compensation brackets with a plethora of injuries.
Additionally, you could be awarded special damages if your injuries have had any financial impact. As such, please see the following examples of special damages that could be claimable:
- Loss of earnings, including future income, bonuses, and pension contributions
- Fuel or public transport costs from travelling to and from medical appointments
- Home modifications, such as chairlifts, hoists and ramps to accommodate permanent disabilities
- Medical expenses, such as private treatments and prescriptions
- Care costs, such as additional childcare and professional support with day-to-day activities
These losses (and any others) must be supported by financial documents, such as payslips and receipts, to be claimed for.
How Interim Payments Work In Personal Injury Claims
Interim payments in personal injury claims work as an advance on compensation, allowing you to receive a portion of it before your final settlement. These payments can help manage immediate costs, such as urgent private treatments or essential home adaptations. However, interim payments are only possible in situations where the defendant admits to their liability or your claim has a high chance of success. It’s also essential that you provide evidence to establish your immediate financial needs.
If you’re unsure about how to seek an interim payment, a solicitor from our panel can assist you. They’ll ensure that your application meets all the necessary requirements before being submitted and help build a strong case for early access to your compensation.
To learn more about applying for interim payments, please get in touch with one of our friendly advisors.
What Is The Average Personal Injury Compensation Amount?
The average personal injury compensation amount can be determined by combining payouts for any given year and dividing by the total number of claimants. Nevertheless, awards are based on individual circumstances, so it may be more beneficial to examine how compensation is determined. Solicitors often use the JCG publication to value the general damages part of your compensation, as the text contains suggested compensation brackets for various injuries.
Some of the JCG’s brackets can be found in the following table, although the first row doesn’t come from the text. Please note that they are merely guidelines and do not guarantee how much compensation you might receive.
| Injury | Notes | Compensation |
|---|---|---|
| Multiple Very Severe Injuries with Financial Losses | Financial losses can include medical expenses and therapy costs | Up to £1,000,000+ |
| Very Severe Brain Damage | The level of award will consider sensory impairment and the requirement for gastrostomy | £344,150 to £493,000 |
| Moderately Severe Brain Damage | Bracket considers reduction in life expectancy, epilepsy, and impact on communication ability | £267,340 to £344,150 |
| Loss of Both Arms | This injury will reduce a person to a state of helplessness | £293,850 to £366,100 |
| Severe Back Injuries (i) | Damage to nerve roots or the spinal cord, causing severe pain and disability | £111,150 to £196,450 |
| Serious Damage to Both Hands | Injuries that give rise to cosmetic disabilities of a permanent nature | £68,070 to £103,200 |
| Wrist Injuries (a) | Loss of function in the wrist | £58,710 to £73,050 |
| Amputation of All Toes | The award will depend on the traumatic nature of the amputation and the extent of toe loss | £44,570 to £68,430 |
| Most Serious Achilles Tendon Injuries | Injuries include severance of the tendon causing cramps, swelling and restricted movement | In the Region of £46,900 |
| Moderate Pelvis And Hip Injuries (ii) | The level of compensation will depend on the presence of minimal ongoing symptoms | £15,370 to £32,450 |
You can get a personalised evaluation of your case 24/7 by reaching out to our team of advisors.
What Is Needed To Prove A Personal Injury Was Someone Else’s Fault?
To prove a personal injury was someone else’s fault, you will need evidence showing that the harm you suffered directly resulted from the negligent actions (or inactions) of a liable third party. This might require the following proof:
- A copy of your medical records detailing the injuries you sustained
- CCTV recordings of the accident
- Dashcam footage of the injury was sustained on the road. Additionally, you’ll need the road user’s contact information, insurance, and vehicle registration
- A copy of an accident report form, which acts as an official recording of the incident
- Contact details of any potential witnesses who could provide your solicitor with a statement supporting your version of events
- Photographs of the accident scene or any visible injuries
- Correspondence between you and the liable third party, such as your employer or an occupier
If you’re unsure where to start, help is available from our panel of specialist solicitors. They have used their expertise to collect evidence on behalf of clients nationwide, and one of them could strengthen your claim next. You can find out more about this service by speaking with an advisor.
Can Personal Injury Claims Be Made On A No Win No Fee Basis?
Yes, personal injury claims can be made on a No Win No Fee basis through our dedicated panel of solicitors. They operate nationwide under the beneficial terms of a Conditional Fee Agreement (CFA), which protects their clients from having to pay any service fees for their work:
- At the beginning of your claim
- As the claim progresses
- If your claim fails
Should your claim have a favourable outcome, you’ll be required to pay a small success fee out of your compensation to your solicitor. The percentage of the success fee is capped by legislation, so you can have peace of mind that you’ll keep the bulk of the compensation. Here at Legal Helpline, we work with a panel of solicitors who approach every case with a firm commitment to support their clients throughout the claims process. That means you can expect:
- Regular claim updates so you always know where it stands
- Advice that strictly adheres to the rules of confidentiality
- Access to physiotherapy sessions and other rehabilitative services
- Straightforward explanations of the claims process and help with signing legal documents
- Meticulous assistance with the task of gathering and reviewing evidence
To learn more about these services or the personal injury claims process, please get in touch today using one of the following contact options:
- Call 0333 000 0729
- Fill out our online form
- Use our free live chat feature
Frequently Asked Questions
Please see the following common questions and answers related to personal injury claims. For further assistance, please contact our helpful advisory team today.
Can I Claim Personal Injury Compensation If I Was Partly To Blame?
Yes, you can claim personal injury compensation if you were partly to blame for your accident, but any payout will be based on split liability. This applies to cases where both parties involved accept a degree of responsibility for the accident, with compensation adjusted accordingly. For example, in a 75/25 case, you would receive 75% of the compensation if you are found to be 25% liable for the accident.
Can I Make A Claim On Behalf Of A Loved One’s Personal Injury?
Yes, you can make a claim on behalf of a loved one’s personal injury by acting as their litigation friend. The duties of this role vary, but must always be in the best interests of the claimant. The role is used in cases where someone is too young (under 18) or mentally incapacitated to claim independently of someone else.
Will My Personal Injury Claim Need To Go To Court?
No, it’s unlikely that your personal injury claim will have to go to court, as the majority of cases are settled prior to this. However, your claim may be heard in court if the defendant refuses to admit to their liability, or negotiations over compensation fail. Nevertheless, you can rest assured that an expert solicitor from our panel will do everything they can to exhaust all methods of alternative dispute resolution to ensure your claim is settled before court.
How Long Will It Take To Settle A Personal Injury Claim?
There is no definitive timeframe for how long it takes to settle a personal injury claim, as every case is assessed on its individual circumstances. Certain factors may influence the length of a claim, such as:
- If the prognosis is unclear
- How easy it is to obtain evidence
- Whether the defendant admits liability or cannot accept a compensation value
Will My Personal Injury Compensation Be Taxed?
No, personal injury compensation is not taxed in the UK. However, interest accrued on compensation may be subject to tax.
Could A Personal Injury Claim Impact My Benefits?
Yes, a personal injury claim could impact any means-tested benefits, including housing benefits and universal credit. This is ultimately due to the fact that compensation could be considered as savings above the government threshold. To combat this, you could consider holding your compensation in a personal injury trust to protect your benefits entitlement.
To learn more about this, please contact our helpful team today.
More Information
To learn more about personal injury compensation claims, please see some of our other guides:
- Learn how to make tinnitus compensation claims
- Get help with making a soft tissue injury claim
- See the following advice about delivery driver accidents
Additional external resources:
- Learn about when to call 999 from the NHS
- See the following advice on managing sick leave and return to work, HSE.co.uk
- Get help with applying for statutory sick pay from gov.uk
Thank you for reading our helpful guide to the personal injury claims process.
