A Guide To Personal Injury Compensation Claims

Welcome to our guide on personal injury compensation claims. We start this guide by discussing when you could be eligible to make a personal injury claim if you have been injured in a public place, in a road traffic accident, or in a workplace accident. We will also explain the duty of care that you are owed in each of these scenarios.

This guide will then discuss how compensation may be calculated for successful personal injury claims. Additionally, this guide will explain the pre-action protocols that are followed for the personal injury claims process.

Furthermore, we will provide examples of evidence that could be used to help support you when making your claim. This guide will conclude by looking at how one of the personal injury lawyers or solicitors on our panel could help you claim compensation on a No Win No Fee basis.

Contact our advisors today if you have any questions regarding claiming compensation for your injuries. They can offer you a free eligibility check on your case and provide you with free advice. Connect with our team today by:

A yellow book that states 'Personal Injury Claims' on the cover.

Choose A Section 

  1. When Are You Eligible To Make Personal Injury Compensation Claims?
  2. Potential Personal Injury Compensation Amounts
  3. What Is The Personal Injury Compensation Claims Process?
  4. What Evidence Could Be Used In Personal Injury Claims?
  5. Why Use No Win No Fee Personal Injury Claim Solicitors?
  6. More Resources About Claiming Personal Injury Compensation

When Are You Eligible To Make Personal Injury Compensation Claims?

All personal injury compensation claims need to meet the same eligibility requirements in order for them to be valid. These requirements are:

  • You were owed a care duty at the time and place of your accident.
  • A breach of that duty occurred.
  • As a consequence, you suffered an injury that was either psychological or physical.

In the next few sections, we discuss the various incidents where you are owed a duty of care, and examples of accidents that could lead to a personal injury claim.

Accidents At Work

The Health and Safety At Work etc Act 1974 (HASAWA) sets out the duty of care for all employers. It states that they must take reasonable and practicable actions to ensure that employees are protected from harm as they work. This could include performing regular risk assessments, ensuring all staff have received appropriate training and providing personal protective equipment (PPE) when needed.

If your employer were to breach their duty of care, and this caused you to suffer an injury, you may be eligible to make an accident at work claim. Some examples of accidents that could occur in the workplace include:

  • An employer failed to regularly maintain a piece of machinery on a production line, causing an employee to suffer a severe arm injury that led to an amputation.
  • Despite your employer knowing you have received no manual handling training, they still ask you to perform lifting tasks. Due to this, you suffer a back injury from poor technique.
  • Your employer fails to properly secure, tidy away or signpost some trailing computer wires in your office job. This causes you to trip on them and you suffer an ankle injury.

Road Traffic Accidents

Road users must use the roads in a responsible and safe manner to avoid causing damage or injury to themselves or others on the roads. Additionally, they must adhere to the Road Traffic Act 1988 and the rules set out in the Highway Code.

If a fellow road user breached their duty of care, resulting in a road traffic accident that injured you, a personal injury claim could be made. Some examples of accidents that could occur on the roads include:

  • The driver behind you fails to come to a stop in time while you are waiting at a red light due to them being distracted by their phone. This causes them to crash into the back of your car and you suffer a serious neck injury.
  • While using a pedestrian crossing, such as a zebra crossing, you a hit by a car that failed to stop in time due to them speeding. This causes you to suffer multiple severe injuries, such as a head injury and a broken leg.
  • A taxi driver pulls out of a junction before checking if it is clear, causing them to hit you while you are on your bicycle. As a result, you suffer a shoulder injury.

Accidents In A Public Place

Those in control of public spaces, otherwise referred to as ‘occupiers’, owe a duty of care under the Occupiers’ Liability Act 1957. Per their duty of care, they do all that they can to ensure your reasonable safety while you are visiting that public place.

You may be able to make a compensation claim if an occupier caused your personal injuries by breaching their duty of care. Some examples of accidents that could occur in public places include:

  • You fall down the stairs at a public library due to a faulty handrail. The library was aware of this fault but had taken no steps to either fix or replace this handrail. As a result of this accident, you suffer a broken arm and leg injury.
  • A restaurant failed to clean or signpost a spillage within a sufficient timeframe. Due to being unaware of this spillage, you slip on it and suffer a head and back injury.
  • Stock on a supermarket shelf had not been stacked safely of properly, resulting in it falling on you while you are shopping. This causes you to suffer a neck injury, wrist injury and back injury.

How Long Do You Have To Claim Personal Injury Compensation?

Under the Limitation Act 1980, all personal injury compensation claims must be started within 3 years from the date the accident took place.

Certain exceptions apply to this time limit for those lacking the required mental capacity to handle their own legal proceedings and those who were injured under the age of 18.

To learn what these exceptions are, or to check the validity of your potential claim, you can contact a member of our advisory team.

A doctor inspecting someone's leg cast as they sit in a wheelchair.

Potential Personal Injury Compensation Amounts

Successful personal injury compensation claims could result in the claimant being awarded two heads of loss as part of their settlement.

General damages is the first, and it provides you with compensation for your injuries, both mental and physical, and the suffering and pain they have caused you.

Those responsible for calculating the value of general damages may use the Judicial College Guidelines (JCG) to help them. The JCG contains compensation guidelines for various types and severities of injuries. We have used some of these guidelines in the following table, aside from the first entry.

Compensation Guidelines

Several Severe Injuries Plus Financial LossesSevereUp to £200,000+Several severe injuries plus compensation for their financial losses such as lost earnings, travel expenses and care costs.
HeadModerate (c) (ii) £90,720 to £150,110A moderate to modest intellectual deficit with a greatly reduced capacity to work and slight risk of epilepsy.
LegSevere (b) (i) The Most Serious Short Of Amputation£96,250 to £135,920Serious injuries that fall short of needing amputation, such as the extensive degloving of the leg.
PelvisSevere (a) (ii)£61,910 to £78,400Fracture dislocations of the pelvis that involve both ischial and pubic rami, causing impotence.
KneeSevere (a) (ii) £52,120 to £69,730Leg fractures that continue into the knee joint causing constant pain and mobility issues.
BackSevere (a) (iii)£38,780 to £69,730Fractures of discs or vertebral bodies, as well as soft tissue injuries that (despite treatment and surgery) leave lasting disability and severe pain.
AnkleVery Severe (a) £50,060 to £69,700Examples include a transmalleolar fracture with significant soft-tissue damage causing a deformity.
NeckSevere (a) (iii)£45,470 to £55,990Dislocations and fractures, soft tissue damage and tendon ruptures that cause chronic conditions or permanent and significant disability.
ShoulderSevere (a)£19,200 to £48,030Neck injuries which involve the brachial plexus to suffer damage and cause a significant level of disability.
ArmLess Severe Injury (c) £19,200 to £39,170Significant disabilities initially, but a good level of recovery takes place, or is expected to.

What Are Special Damages?

The second head of loss is called special damages and this compensates for the financial losses caused by the injury. Documented proof is needed to be able to claim for these costs, such as receipts, bank statements and payslips.

Under special damages, you could be able to claim for:

  • A loss of future past earnings.
  • Care costs.
  • Travel costs to essential appointments.
  • Costs for modifications at home or in your vehicle.
  • Medical expenses.

For advice on how much compensation you could potentially receive for your personal injury claim, you can contact one of our advisors.

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What Is The Personal Injury Compensation Claims Process?

The Pre-Action Protocol for Personal Injury Claims must be adhered to as part of the personal injury compensation claims process. They are actions that should be followed as a way of resolving the matter without it needing to go to court. Meaning that these procedures must have been carried out before a case is presented in court.

Letter of Notification – This will be sent to the defendant to let them know that you are likely to make a personal injury claim.

Rehabilitation – Whether the claimant will need medical treatment or rehabilitation must be considered as soon as possible.

Letter of Claim – This will provide an overview of any injuries suffered and the key facts on which the claim is based.

The Response – A reply must be made by the defendant within 21 working days. From this, they will then have up to 3 months maximum to investigate further from the date they acknowledge the Letter of Claim.

Disclosure – Any relevant information is exchanged to help clarify or resolve any issues that are being disputed.

Experts – An arrangement will be made for the claimant to attend an independent medical assessment. From this, a report will be made.

Negotiations – A Part 36 offer can be made during negotiations. This permits the defendant and the claimant to make an offer to settle pre-proceedings.

Alternative Dispute Resolution – Mediation or arbitration can be tried to resolve the issue if the parties cannot agree. Legal proceedings will need to be initiated if the matter cannot be resolved here.

A solicitor could carry out these steps on your behalf if you decide to work with one. To see whether one of the solicitors on our panel could help you through the claiming process, you can contact our advisors.

What Evidence Could Be Used In Personal Injury Claims?

Evidence could help support personal injury compensation claims. However, the evidence you gather needs to be relevant to your case and must demonstrate liability and the injuries you experienced. Examples of this could include:

  • Any CCTV, dashcam or other video footage of the accident.
  • Witness contact details, so that they can supply a statement at a later date.
  • Medical evidence of the injuries suffered, such as your medical records.
  • Photographs of the accident scene and any visible injuries.

These are only a few examples. A solicitor from our panel could help you with gathering this and any addition evidence to support your case as part of their services. To find out if you could work with one of them, contact our advisors today.

Why Use No Win No Fee Personal Injury Claim Solicitors?

One of the specialist personal injury lawyers or solicitors on our panel could help you with claiming compensation, provided you have an eligible case. Additionally, they may offer their services to you through a Conditional Fee Agreement (CFA), which is a particular type of No Win No Fee contract.

Some of the advantages for personal injury compensation claims being made under this agreement include:

  • No upfront service fees to pay.
  • No fees to pay for the solicitor’s ongoing services as the claim develops.
  • Claims that are unsuccessful, do not require the claimant to pay their solicitor anything for the work they have provided..
  • A success fee is due to the solicitor if the personal injury compensation claim has a positive outcome. This fee is a legally limited percentage that will be taken from the compensation.

A solicitor helping guide a client through the personal injury compensation claims process.

Contact Us

To see whether you could work with one of the personal injury solicitors on our panel, you can contact our advisors. They can also offer you free advice for your case and answer any questions you may still have about the personal injury compensation claims process.

Contact our advisors today by:

More Resources About Claiming Personal Injury Compensation

Additional personal injury claims guides by us:

In addition to these guides, some external resources offer help:

Contact our advisors today if you have any questions regarding the personal injury compensation claims process.

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Case Study Guides

We’ve also compiled lots of useful case studies, designed to help illustrate the claims process and how you can succeed with your case.