How To Claim Compensation – Learn When You Could Claim For A Personal Injury

If you have been injured in an accident at work, on the roads or in a public place, you may be wondering how to claim compensation for your injuries.

In the following sections, we explore the personal injury claim process in detail, including the eligibility criteria that need to be met in order to have a valid case.  Additionally, we explore the time limits that apply to starting a claim. Also, we discuss compensation in depth – what it can cover and how it is calculated using certain types of evidence.

We discuss how long a claim can take. Lastly, we lay out the advantages of seeking a No Win No Fee solicitor to help you with claiming compensation.

Read on to learn more, or if you want to talk about your potential claim now, simply:

• Discover more by calling our advisors on 0161 509 2856
• Ask the chat bubble a question.
• Or you can use our online contact page for an instant reply.

Select A Section

1. Can I Claim Compensation For A Personal Injury?
2. How To Claim Compensation For A Personal Injury
3. What Is The Personal Injury Claims Process?
4. What Is The Time Limit For Claiming Personal Injury Compensation?
5. How Much Compensation For A Personal Injury?
6. How Long Does A Personal Injury Claim Take?
7. Can I Claim For A Personal Injury Using A No Win No Fee Solicitor?
8. Learn More About How To Claim Compensation

Can I Claim Compensation For A Personal Injury?

You could be eligible to claim compensation for a personal injury if you can prove it was caused by another party’s negligent actions. For personal injury claims, negligence is defined by:

• Another party owed you a duty of care.
• They breached this duty,
• Your injury was caused by this breach.

To move forward with a compensation claim for personal damages, you need to prove negligence occurred. Duty of care applies in many different areas of life, but we look at three specific places where an accident might happen below.

Accidents at Work

The duty of care that applies in the workplace is called the Health and Safety at Work etc Act 1974 (HASAWA). It implements a duty on employers to take reasonable steps to prevent their workers from experiencing harm while performing their roles.

There are numerous ways that employers can achieve this. Conducting regular assessments of risk on their premises is one way. Maintaining tools and machinery is another obligation. Also, providing the necessary training in bending and lifting techniques is required to avoid manual handling injuries.

An accident at work could occur if this duty is breached. Some examples may include:

• The employer fails to check that tools and equipment are fit for purpose, and this causes a worker to fall from a broken ladder on a construction site and suffer a broken leg.
• Essential personal protective equipment (PPE) such as gloves are not supplied. A worker burns their hands when handling chemicals as a result of this.
• The materials in a warehouse are stacked dangerously. These items fall on a worker causing them to suffer a head injury.

Accidents in a Public Place

The party in charge of an area open to the general public owes them a duty of care. The Occupiers’ Liability Act 1957 explains that steps must be taken to implement measures that will reasonably prevent visitors from being harmed while using the area and facilities.

Again, various proactive actions can ensure the area is as safe as possible, such as providing clear signs about any unavoidable risks. An Accident in a public place could occur if an occupier were to breach their duty of care. Some examples include:

• The owner of a pub fails to put a warning sign up about a low beam. This causes a customer to hit their head on it and suffer a concussion.
• The local authority in charge of a park fails to maintain playground equipment, causing a child to suffer a hip injury when they sit on a faulty swing set that collapses.
• A spillage in a supermarket is left unattended without warning signs. A person slips and suffers a fractured tibia in the fall.

Road Traffic Accidents

Everyone who uses the roads must do so in a way that minimises the potential for causing harm to themselves and others. To comply fully with the terms of their duty of care, they must follow the obligations in the Road Traffic  Act 1988 and additional rules in the Highway Code.

A road traffic accident could take place if a road user were to breach their duty of care. Some examples could include:

• A drunk driver hits a pedestrian and leaves them with multiple injuries.
• A motorist speeding above the legal limit fails to stop in time at traffic lights. They cause a rear-end collision that leaves the other motorist with a severe neck injury.
• Failure to concentrate on the road (such as looking at a mobile phone instead) results in a side-impact collision with a cyclist or motorbike rider at a junction.

If you suffered an injury because of someone else’s negligent actions, speak to our dedicated team today. They can assess the eligibility of your case and answer any questions you may have about how to claim compensation for a personal injury.

How To Claim Compensation For A Personal Injury

One of the most important steps when claiming compensation for your personal injury is gathering evidence that supports your case.This evidence needs to show how the third party breached their duty of care to you in a way that caused your injury.

Examples of evidence that could help support a personal injury claim include:

• Any CCTV, dashcam or other video footage that captured the accident.
• The contact information for witnesses. If appointed, a solicitor can approach these witnesses for a supporting statement at a later date.
• Medical evidence such as X-rays, scans and admission notes from an A&E department. Also, the findings of specialists and counsellors who treated you are useful evidence.
• A copy of the entry made in a workplace accident book. Also, some public places keep a record of on-site accidents.
• Photographs of the accident site and any injuries suffered.

If you have any additional questions on how to claim compensation for a personal injury, you can contact our advisors.

What Is The Personal Injury Claims Process?

All personal injury claims need to follow certain steps before a claim potentially needs to go to court, called the Pre-Action Protocol. These steps are:

• Letter of Notification – This notifies the defendant that a claim is being made and it requires a response from them within 14 days of receipt of this letter.
• Rehabilitation – This is the opportunity for all concerned to address the pressing and immediate medical needs of the injured person.
• Letter of Claim – Two copies of this letter are sent to the defendant and their insurer. It should contain a clear summary of the circumstances of the accident and in addition, provide an idea about the severity of injury and associated financial losses.
• The Response – The defendant then has 21 calendar days (from the post date of the letter) to respond. After this, the defendant has a 3-month period to look into the claim and dispute or amend any particulars.
• Experts – Any reports from experts should be gathered and considered, such as a report from an independent medical assessment.
• Negotiations – This is an opportunity for both parties to reach an agreement and settle a compensation settlement.
• Alternative Dispute Resolution – If a negotiation cannot be reached, this offers both sides an opportunity for mediation/arbitration. If these methods do not work, then the claim may need to move forward to court.

Contact our advisors today to learn more about how to claim compensation for a personal injury.

What Is The Time Limit For Claiming Personal Injury Compensation?

A general time limit applies for personal injury compensation claims. A claim must be started within three years of the date of the accident, as stated by the Limitation Act 1980. Under certain circumstances, there can be exceptions to this. For example:

• Those under the age of 18 cannot claim for themselves.
• Time limits are frozen completely for persons who lack the mental capacity to initiate a claim independently.

In both of these instances, a litigation friend can be appointed to make a claim on the injured person’s behalf. If no claim has been made by a litigation friend, the injured person can start their own claim:

• When they turn 18.
• If they regain this mental capacity,

To learn more about making a personal injury claim, you can contact our advisory team.

How Much Compensation For A Personal Injury?

Personal injury claims that succeed can result in compensation that covers two categories. The main one is called general damages, and this acknowledges the physical and psychological injuries caused by the accident.

The groups that calculate general damages amounts might use medical reports alongside publications such as the Judicial College Guidelines (JCG). This document offers guideline compensation brackets for various injuries.

We have used some of these guidelines for the list below, aside from the first entry.

Compensation Guideline Amounts

• Severe multi-type injuries and special damages – Cases of multiple injuries and an award for special damages based on lost earnings, care costs and medical expenses – Up to £1 million plus.
• Very Severe Head Injuries – Little or no environmental response and reliance on constant care – £344,150 to £493,000
• Severe Arm Injuries – Injuries nearly as serious as an amputation that leave the person just as disabled – £117,360 to £159,770.
• Very Severe Foot Injuries – Cases that produce permanent pain and serious permanent disability  – £102,470 to £133,810.
• Severe Leg Injuries (iii) Serious -Compound or comminuted fractures that seriously impact ligaments and joints, creating lengthy treatment – £47,840 to £66,920.
• Moderately Severe Psychiatirc Harm -Significant mental health challenges in most areas of life but a more positive future outlook indicated – £23,270 to £66,920.
• Moderate Pelvis or Hip Injuries (i) – Significant damage to the hip or pelvis but permanent disability (or risk of) is not great – £32,450 to £47,810.
• Moderate Back Injuries (i) – This bracket covers a wide range of injuries, including compression and crushed lumbar vertebrae fractures – £33,880 to £47,320.
• Moderate Knee Injuries -Ligament tears and fractures that cause less severe mobility problems on uneven ground or stairs – £16,770 to £32,450.

Can I Claim For Loss Of Earnings After An Accident?

A secondary component of the compensation can be special damages. These reimburse the person for the associated financial harm that they suffered due to injury. You will always need documented evidence of this financial harm to include it in a claim, such as:

• Payslips from your employer showing a loss of earnings because of the injuries.
• The expense of medical treatments such as therapy or rehabilitation fees.
• Invoices from any carers that looked after you.
• Bank statements for any home adaptions you needed to cope with your injuries, such as installing a ramp.
• Tickets and receipts that prove the cost of parking, petrol or public transport to essential appointments.

You might have other qualifying financial expenses. Call to see if you may be able to claim.

How Long Does A Personal Injury Claim Take?

There is no set time frame for personal injury claims because various factors can influence how long it takes. For example:

• The speed of communication between the two parties.
• The need for any specialist reports.
• Delays caused if either side contest the claim or the defendant fails to respond with reasonable settlement offers.
• A prolonged, complex and ongoing recovery might also delay settlement.

To discuss your case and ask any questions on how to claim compensation for a personal injury, you can contact our advisors.

Can I Claim For A Personal Injury Using A No Win No Fee Solicitor?

If you meet the claim criteria we discussed above, you could qualify for the support from a No Win No Fee personal injury solicitor here at Advice. It’s not a necessity to use the services of a solicitor; however, working with one can come with many benefits.

In addition to negotiating the best settlement for you, our solicitors can confidently deal with any court correspondence or communication between you and the defendant. They can gather evidence and deal with all the pre-action protocol steps as well.

Furthermore, they provide these services through a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Using this option, it is possible to appoint a solicitor with no upfront or ongoing fees for their services. Furthermore, there will also be nothing to pay at all for completed work if the claim fails.

In cases where the claim is a success, a legally restricted percentage deduction from the compensation applies. This success fee goes to the solicitors, but the cap ensures the person claiming benefits the most.

If this sounds interesting to you, take the first step of speaking to our advisory team. If your case qualifies, they could connect you to a No Win No Fee solicitor today:

• Discuss your case today by calling us on 0161 509 2856
• Commence a claim through the online contact page
• Ask the chat bubble below a question.

Learn More About How To Claim Compensation

In addition to this article about how to claim compensation for a personal injury, these other guides from our website discuss the topic further:

• Here you can learn more about accident at work claims.
• Read in-depth about making a claim after a road traffic accident.
• This guide looks at some examples of public liability claims.
• How to guide on a Botox injury claim for compensation

External resources:

• Read some workplace injury statistics from the Health and Safety Executive (HSE).
• Gov.UK discusses when you could receive statutory sick pay.
• Lastly, read about when to call 999 from the NHS.

We greatly appreciate your interest in our article about how to claim compensation for a personal injury. Advisors are standing by to answer any other questions you might have.