If you have only suffered a small injury in an accident, you may be ensure whether you could be entitled to compensation. You may still be able to make a minor injury claim as long as you can prove that your injury was caused by the negligent actions of another.
Within this guide, we will explain the specific eligibility requirements your case must meet. Additionally, we will answer some frequently asked questions, such as ‘Could I claim for more than one injury?’, ‘What could I receive compensation for?’ and ‘How long will my claim take to settle?’.
Finally, we close this guide by sharing how a solicitor from our panel could help you claim on a No Win No Fee basis and the benefits of claiming under such an arrangement.
Contact a member of our friendly advisory team today to discuss your case:
- Call on 0333 000 0729
- Contact us online
- Use our live chat
Browse Our Guide
- Can I Make A Minor Injury Claim?
- How Can I Make A Minor Injury Claim After A Road Traffic Accident?
- What Steps Can I Take After Suffering A Minor Injury?
- Can I Claim For More Than One Injury?
- How Much Compensation Are Minor Injuries Worth?
- How Long Does A Minor Injury Claim Take?
- Can I Use Personal Injury Solicitors To Claim For Minor Injuries?
- Learn More About Making Personal Injury Claims
Can I Make A Minor Injury Claim?
Minor injuries can occur from a myriad of circumstances and may impose both physical and psychological consequences upon the affected party. Some examples of minor injuries include:
- Broken bones
- Sprains and strains
- Soft tissue injuries
To be entitled to make a minor personal injury claim, your case must be able to meet the following criteria:
- A third party must have owed you a duty of care.
- They must have breached their duty of care.
- This breach of their duty of care must have resulted in your minor injuries.
There are various instances where you are owed a duty of care, and if this is breached, you could suffer an injury. Some examples include:
Accidents In A Public Place
Per the Occupiers Liability Act 1957, occupiers (those in control) of public spaces have a duty of care to take all necessary measures to ensure the reasonable safety of the public while they are using that space.
An example of when you may be eligible to make a public liability claim includes:
- A supermarket failed to put out a wet floor sign for a spillage that they were aware of. This resulted in you slipping and suffering a sprained ankle.
Accidents At Work
Per the The Health and Safety at Work etc. Act 1974 employers have a duty of care to take reasonable steps to ensure the health and safety of their employees.
An example of when you may be eligible to make an accident at work claim includes:
- You suffer a soft tissue injury in your back when trying to lift a load due to your employer not providing adequate manual handling training.
Road Traffic Accidents
All drivers have a common duty of care to use the roads safely and ensure the safety of themselves and other road users. Additionally, they must adhere to the The Highway Code and The Road Traffic Act 1988 as part of their duty of care.
An example of when you may be eligible to make a road traffic accident claim includes:
- Due to being distracted by their phone, another driver fails to notice you have stopped at a zebra crossing. This causes them to crash into the back of your car and you suffer a minor neck injury,
To see whether you may be eligible to make a minor injury claim following your accident, you can contact our advisors.
How Can I Make A Minor Injury Claim After A Road Traffic Accident?
To be able to make a claim for a road traffic accident (RTA), you must be able to prove your injuries were caused by another road user breaching their duty of care.
Whiplash is considered a minor injury, often resulting from RTAs. However, the process of claiming for whiplash and other minor injuries has changed due to the Whiplash Reform Programme.
Your whiplash claim will need to be made through a different avenue if your case meets all the following criteria:
- Your accident occurred in England or Wales.
- The injured party is the driver or passenger of a vehicle.
- The injured party is aged 18 or over.
- The value of the injury is no more than £5,000.
It is also important to note that the whiplash injuries you have suffered will be valued in line with the fixed tariff set out in The Whiplash Injury Regulations 2021. If you have suffered additional injuries in the accident that are valued above £5,000, these will be valued traditionally.
Furthermore, if these injuries bring the overall value of your claim above £5,000, you will make your claim via the traditional route. However, your whiplash injuries will be valued in accordance with the fixed tariff.
To see which avenue you should take when making your minor injury claim, you can contact our advisors.
What Steps Can I Take After Suffering A Minor Injury?
If you have sustained a minor injury resulting from the negligent actions of a third party, there are some steps you could take to support your compensation claim.
Some of these steps may include:
- Seeking medical assistance (this could be either at the scene, in A&E or with your GP). You could then request a copy of your medical records to use as evidence regarding the injuries you suffered.
- Report the accident to local authorities or put the incident details in an official accident report book. Copies of these reports could be used to support your claim.
- Take down any personal details of the parties involved (including witnesses) and exchange insurance details. Any witnesses could be approached for a statement at a later date.
- Gather any other evidence from the scene that would likely support your claim, such as CCTV or dashcam footage or photographs of injuries.
If you decide to work with a solicitor for your personal injury claim, they could help you with claiming compensation.
Contact our advisors to see whether you could with with a solicitor from our panel.
Can I Claim For More Than One Injury?
If you have sustained multiple minor injuries in an accident you could still claim compensation for these multiple injuries in the same personal injury claim. However, they must have all resulted from the same accident.
If your injuries were caused in different accidents all caused by the negligent actions of another, you would have to make an individual claim for each injury.
To learn more about making a minor injury claim, you can contact our advisors.
How Much Compensation Are Minor Injuries Worth?
If your minor injury claim is successful, your compensation sum may be made up of two parts: general damages and special damages.
The sum of the general damages will be generated from the minor injuries you sustained and may compensate for injuries of both a physical and psychological nature.
Those responsible for valuing your claim for general damages may refer to the Judicial College Guidelines (JCG) to determine an appropriate figure. This document contains compensation guidelines for a variety of injuries ranging from minor to severe in severity.
We have used some of the figures relevant to minor injuries in the table below. Please note the first figure has not come from the JCG. Furthermore, the final two entries have been taken from the fixed whiplash tariff.
Compensation Guidelines
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Multiple Injuries + Special Damages | Up to £250,000+ | A combination of multiple injuries plus financial losses, such as lost earnings. |
| Moderate Pelvis and Hip Injuries (i) | £32,450 to £47,810 | Injury to the pelvis or hip- may result in hip replacement. |
| Moderate Neck Injuries (i) | £30,500 to £46,970 | Dislocations or fractures that result in immediate symptoms |
| Moderate Back Injuries (ii) | £15,260 to £33,880 | A combination of injuries to the back such as disturbed muscles and ligaments. |
| Less Serious Leg Injuries (i) | £21,920 to £33,880 | Injury resulting from fracture or soft tissue damage with lasting discomfort. |
| Moderate Foot Injuries | £16,770 to £30,500 | Displaced metatarsal fractures causing continuing symptoms. |
| Multiple Fractures of Facial Bones | £18,180 to £29,220 | Involving some permanent facial deformity |
| Moderate Hand Injury | £6,910 to £16,200 | Examples include crush injuries, penetrating wounds and soft tissue damage. |
| 1 Or More Whiplash Injuries with 1 Or More Psychological injuries | £4,345 | Symptoms lasting between 18 - 24 months. |
| 1 Or More Whiplash Injuries | £4,215 | Symptoms lasting between 18 - 24 months. |
Following a successful minor injury claim, you may also be awarded special damages, which take into account any financial losses you may have incurred. Examples of special damages you may be compensated for include:
- A loss of income and wages: if you were required to take time off work due to the nature of your minor injuries, you may be awarded this back.
- Travel costs: if you were required to travel to and from medical appointments for assistance, treatment or recovery, you may be awarded this back.
- Equipment and essential necessities: if your minor injuries require you to purchase equipment to support your mobility or recovery, then you may be awarded this back.
It is important to note that for such special damages to be awarded, you must obtain evidence of the financial losses you have incurred. Such evidence may take the form of receipts, invoices or bank statements.
Contact our advisors today to learn more about how compensation is awarded in successful personal injury claims.
How Long Does A Minor Injury Claim Take?
Under the Limitation Act 1980, you have a 3-year limitation period to start a personal injury claim.
However, your claim does not need to have concluded within this time, just started. There is no definitive time frame for how long it will take a minor injury claim to complete.
Factors that could affect how long your claim takes include:
- What type of accident you were in
- What injuries were suffered
- Whether the defendant admits liability
- Whether the claim needs to go to court
Contact our advisors to receive free advice on your personal injury claim.
Can I Use Personal Injury Solicitors To Claim For Minor Injuries?
If you meet the eligibility requirements to make a minor personal injury claim, you may wish to seek the support of a personal injury solicitor.
The personal injury solicitors on our panel could help guide you through the claims process by providing legal advice, obtaining evidence and reaching an appropriate compensation award for the injuries you have sustained.
Furthermore, the solicitors on our panel work under a Conditional Fee Agreement (CFA) on a No Win No Fee basis. Advantages of claiming under this arrangement include:
- Not paying upfront for their services
- Not paying for their ongoing services
- Nothing to pay for their services if the claim fails
If the claim succeeds, you will pay your solicitor a success fee. This is a legally limited percentage of the compensation you were awarded.
To see whether a No Win No Fee solicitor from our panel could help you claim, you can contact our advisors:
- Call on 0333 000 0729
- Contact us online
- Use our live chat
Learn More About Making Personal Injury Claims
- Learn about scaffolding accident claims
- See if you could be eligible to make a bus accident claim
- Learn about making a claim against a local council
References:
- Learn when to call 111 from the NHS
- See if you could be eligible for Statutory Sick Pay from Gov.UK
- Learn when to give first aid from the NHS
Thank you for reading this guide on how to make a minor injury claim.
