Find Out How To Maximise Your Personal Injury Claim Settlement
No matter whether you’re claiming compensation for an accident at work, a road traffic accident or a slip, trip or fall, getting the full amount of compensation that you could be eligible for is bound to be something you want. This guide has been created to show you how to maximise your personal injury claim to get everything you’re entitled to claim for.
In the sections below, we take a look at how compensation settlements are calculated, and how to get more money for a claim if your injury worsens. We also take a look at how to maximise your personal injury claim when it comes to the special damages you could claim for, as well as when you could refuse a settlement offer and fight for more.
In addition to this, we show you what benefits using a personal injury lawyer for your claim could have and show you how to go about finding a No Win No Fee solicitor for your claim.
If you have any questions about the claims process or would like us to provide you with a free, no-obligation eligibility check on your case, you can reach the Legal Helpline team on 0161 696 9685.
Jump To A Section
- A Guide About How To Get More Money From Your Personal Injury Claim
- What Are Claims For Accidents And Injuries?
- What Steps Could You Take To Maximise Your Injury Claim Settlement?
- Make Sure That Your Accident And Your Injuries Are Properly Reported And Recorded
- Make Sure That You Get Medical Care ASAP
- Keep A Record Of Any Changes In Your Injury Status
- Keep A Record Of Any Expenses And Losses
- Keep A Record Of Any Important Documentation
- The First Settlement Offer May Not Be The Best
- Example Minimum And Maximum Compensation Settlements
- What Could Be Claimed For Financial Losses And Expenses?
- Why Choose To Claim With Legal Helpline?
- How To Get The Most From Your No Win No Fee Claim
- Contacting Legal Helpline About Your Claim
- Quick Links
Personal injury claims could be made for a variety of accidents and injuries. Whether you’ve been hurt in an accident in a supermarket or suffered work-related injuries or illness, it would only be natural to want to ensure that you maximise your compensation settlement. This guide has been created to inform you about how to maximise your personal injury claim so you could get all of the compensation you could be eligible for.
When you make a personal injury claim, there are different types of damages you could claim for.
General damages are designed to compensate claimants for the suffering, pain and loss of amenity caused by their illnesses or injuries. Special damages are designed to compensate claimants for any financial expenses they’ve encountered as a direct result of their injuries or illness.
Getting the maximum compensation for your claim involves carefully collecting evidence and building the strongest case possible to ensure that you are compensated properly for both your pain and suffering, as well as the financial expenses caused to you.
Below, we provide information on how to maximise your personal injury claim, including what evidence you may need, how a personal injury solicitor could help you claim more compensation, and why you may wish to turn down an offer of compensation to fight for more.
If you could prove that someone who had a duty of care towards your health or safety had breached their duty of care towards you, causing injury or illness, you may be able to make a personal injury claim.
There are lots of different reasons you could make a claim, including:
- Accidents in public places, such as supermarkets, shops, restaurants and libraries
- Accidents at work
- Allergic reactions
- Road traffic accidents
These are just a few examples.
What Is A Legal Duty Of Care?
A legal duty of care that someone could have for you could include:
- An employer’s duty of care under the Health and Safety at Work etc. Act 1974
- A premises owner/occupier under the Occupiers’ Liability Act 1957
- A road user’s duty of care to abide by the Highway Code
If you could prove that a breach of an organisation’s or a person’s duty of care had caused you financial loss, injury or illness, you could launch a claim for compensation.
When it comes to how to maximise a personal injury claim, there are many different actions you could take to ensure you get everything you’re entitled to. Here, we offer an overview of the steps you could take to maximise the amount of injury claim money you could receive.
- Make sure you report the accident so that there is a record of it happening
- Collect evidence such as witness details and photographs of the scene/your injuries
- Seek medical advice for any signs of injury or illness
- Consider using a solicitor to help you with your claim
- Co-operate with any request for information from your solicitor
- Keep all documentation relevant to your expenses
- Document the effects your injuries have had on you
- Report any worsening of your injuries
We offer some more detailed insight into these points in the sections below. The point is, however, that you could take action to maximise your injury claim payout even before the personal injury claim process begins.
Ensuring that there is a record of your accident often means reporting it in the correct manner.
When it comes to reporting an accident at work, you would usually have your accident recorded in the accident book within your workplace. If your employer does not have an accident book, it may be a good idea to put the details of your accident in writing to your employer so you have a record of what happened. Some injuries should be reported to the HSE by your employer under RIDDOR.
Reporting and recording an accident in a public place such as a supermarket, shop or restaurant could involve you writing a letter to the business or completing an entry in their accident book.
When it comes to accidents on pavements and public parks, you might have to write to the council. They should respond to your communication, and this may mean providing you with a log number or reference number. Whatever their response, if you can prove that you have notified them of the incident, this could help your case.
Under the Road Traffic Act (Section 170), motorists are required to stop at the scene of a road traffic accident if an injury to a person or animal has been caused, or there has been damage to property or a vehicle. You should also report the accident to your insurance provider, and exchange details with the other motorist/s involved.
When it comes to seeking medical care, you should do so even if your injury/illness seems minor. Not only could this ensure that you get the advice and treatment you need for optimal recovery, but it could also provide a useful record of you suffering an injury or illness.
While in cases involving serious injuries you may be taken to hospital, in others you may walk away from an accident with bumps and bruises but struggle on with the rest of your day.
Whether you intend to make a personal injury claim or not, it would be wise to ensure that you get checked over even if you appear only to have minor injuries. Some injuries, for example whiplash, may not feel too bad initially but could worsen over time, and seeking advice as quickly as possible could assist in your recovery.
How Can I Prove My Pain And Suffering?
When it comes to how to maximise a personal injury claim, medical evidence could play a big part in proving your pain and suffering.
While you would need a separate medical assessment as part of your claim, it is likely that your medical records would need to be reviewed. Having a record of a visit to a medical professional after an accident to seek advice/treatment for your injuries could be very useful in proving you suffered an injury.
If your injury status changes over time, it is important for you to record this. While keeping an injury diary might seem over the top, it may be wise to keep a record of how your injuries have affected what you can and cannot do.
For example, if you’ve had to have time off work as your injury has worsened, or you’ve had to cancel going on holiday or to a social event, you should ensure you make a note of this and any costs involved.
In addition to this, if your injury worsens, it may be wise for you to go back to the doctor for further advice. The pain of some injuries may be alleviated in the short-term by painkillers, but if the pain persists, you may be referred for further treatments such as physiotherapy.
In addition, the long-term effects of some injuries may have an effect on your mental health. Seeking advice and support for this could not only be beneficial for your health, but these effects could also be considered when calculating a compensation payout.
We mentioned before that you could claim compensation for expenses and losses caused by your illness or injury. If you want to know how to maximise a personal injury claim, there is one important point we should make.
You must have evidence of expenses and losses to claim for them. This is crucial. Ensuring you keep documentary evidence of costs and losses experienced that relate to your injuries or illness is vital to getting all the compensation you are entitled to claim. Evidence could include:
- Bank statements
- Parking tickets or travel tickets
It could be wise to have a safe place to keep all this documentation so it doesn’t get lost and you can submit it to your lawyer as part of your claim.
As we mentioned, when it comes to how to maximise a personal injury claim, documentary evidence of financial expenses is crucial. However, there are other documents that you might need to submit as part of your claim.
These documents could include:
- Contact details of witnesses
- Copies of letters reporting the accident
- Any letters from the hospital or your doctor
- A diary listing your medical appointments, and appointments with your lawyer
- Your own account of the accident and how it has affected you
- Photographs of the scene of your accident
- Photographs of your injuries
If you have any other documentation that could be at all relevant to your claim, you may want to keep it just in case it could help you evidence any part of your claim.
If someone has admitted liability for your injury or illness, and they offer you a settlement, it could be tempting to take the offer. However, the first settlement may not be the maximum you could get.
If an insurance company has to pay out on your case, you may find that they initially try to save themselves some money and offer you a lower settlement to close the matter without giving you what your claim is actually worth.
When it comes to how much to ask for in a personal injury settlement, it might be wise to seek advice from a personal injury solicitor. They could help assess any offers you receive and advise you on whether you might be able to fight for more compensation.
Have Future Costs Been Assessed?
When looking at how to maximise a personal injury claim, it may be wise to consider whether any offer you are given includes any future costs. You should ask for a breakdown of any settlement offer you’re given to see whether future costs have been assessed and included.
This could be vital, as once a compensation settlement has been agreed on and paid out, you will not be able to revisit the case to claim more if, for example, your medical needs change.
Rather than include a personal injury claims calculator on this page, we’ve opted to create a table with figures taken from the Judicial College Guidelines instead. This way, we can show the difference between the minimum and maximum compensation settlements for specific types of injury. If you’re asking ‘how much money can I get from a personal injury claim?’ this table could offer some insight into this.
|Injury||Severity||Payout Bracket (Approx)|
|Arm injuries||Less severe||£18,020 to
|Arm injuries||Severe||£90,250 to
|Foot injuries||Moderate||£12,900 to
|Foot injuries||Severe||£39,390 to
|Leg injuries||Moderate||£26,050 to
|Leg injuries||Severe||£51,460 to £127,530|
|Neck injuries||Moderate||£7,410 to £36,120|
|Neck injuries||Severe||£42,680 to £139,210|
|Back injuries||Minor||Up to £11,730|
|Back injuries||Severe||£36,390 to £151,070|
If you cannot see the injury or illness you’ve sustained in the table, please don’t hesitate to call us. We could give you some more information on other injuries or illnesses over the phone.
When it comes to how to maximise a personal injury claim, it is important to know what financial losses and expenses you could claim for so that if you’ve incurred them, you could include them when you are making your claim.
Generally, financial losses and expenses could fall into the below categories:
- Loss of income – if you’ve been off work sick, or recovering from an injury, you may have lost out on some of your usual earnings. These could be compensated for as part of your claim. If, for example, you’d been put on Statutory Sick Pay by your employer, your compensation could make up the difference between SSP and your usual wage. If you are expected to need time off work in the future, this could also be included.
- Medical expenses – you may assume these relate to prescription costs and costs for medicines, but they could also cover the costs of counselling, physiotherapy and more. Future costs could also be compensated for.
- Care costs – if you’ve been injured or been ill to the extent that you’d needed care at home, care costs may also be included within your claim.
- Travel expenses – these could include train fares, bus fares, and parking charges for hospital or lawyer’s appointments if they arise as a direct result of your injuries/illness.
When it comes to how to make a personal injury claim yourself in the UK, this may involve you contacting who you think could be held liable for your injuries, gathering all the evidence, building a case against them, and negotiating a settlement. However, there are various things to take into account if you’re considering going it alone with a claim.
- The burden of proving your case would be yours alone
- You would have to take action before the personal injury claims time limit that related to your claim was reached
- You would have to research personal injury compensation guidelines for the UK to ensure your case was valid
- You would need to research settlement amounts to find out whether any offer was appropriate for your claim.
- You would need to gain an understanding of the personal injury claims process, which can at times be complex.
When looking at how to maximise a personal injury claim, why not consider using the services of a personal injury lawyer? Not only could they ensure your case was as strong as possible, but they could also ensure that you claim all the compensation you are entitled to.
Here at Legal Helpline, we’d be delighted to help you with your claim. We could answer any of your questions about the claims process and check your eligibility, all free of charge, with no obligation to use our services.
If we assess your case and believe you could be eligible to make a personal injury claim, we could also connect you with an experienced lawyer from our panel who could take your claim forward on a No Win No Fee basis.
We have successfully helped many claimants get the maximum compensation possible for their claims, and we’d like to help you too.
We mentioned that we could connect you with a No Win No Fee lawyer. What this means is that you wouldn’t pay your lawyer until your claim was finished and compensation had been arranged for you.
To begin a No Win No Fee claim, you’d be asked to sign a Conditional Fee Agreement with your lawyer. This would set out a success fee—an amount of money you’d be asked to pay your lawyer once they achieved a settlement for you. The fee would be capped, and would usually represent a proportion of your settlement.
Once the agreement had been signed, the lawyer could work on your claim. They could use their knowledge of how to maximise a personal injury claim to obtain the maximum possible for your case. Once the settlement was achieved, their small, legally capped success fee would be deducted from your payout.
If for some reason your claim was not successful, you may be worried you’d have to pay your lawyer for the costs that they had incurred while they were fighting your claim. This is not the case. Not only would you not have to cover their costs, but you would not have to pay the success fee if your case was not successful.
If you would like us to connect you with a No Win No Fee lawyer from our panel, or you have questions about such claims, please don’t hesitate to get in touch.
You can get in touch with us with any questions you may have about how to get more money for a personal injury claim. We’d be glad to answer them, and help you begin a claim for compensation. You can reach our team:
- By telephone: 0161 696 9685
- By e-mailing [email protected]
- By using our Live Chat service
- Or, by completing the online contact form.
Case Study – This case study gives you an idea of how compensation was calculated in an accident at work claim.
Agency Workers Accident At Work Claims – Here, we look at how agency workers could claim compensation for a workplace accident.
Elbow Injury Claims – Here, we look at how elbow injury claims are calculated and what types of elbow injury could lead to what levels of compensation.
Injury Claim Settlements – Here, you can find out what the government have to say about injury claim settlements.
Whiplash Claims Reforms – The government have reviewed the level of compensation for soft tissue injuries, including whiplash. You can find out about what this means for whiplash claims here.
Injuries At Work – Here, the government has produced statistics relating to injuries at work by employment status.
Guide by JS
Edited by REG