There are various situations where you may have suffered harm and could be owed compensation. Therefore, you may be wondering how to make a compensation claim.
In this guide, we examine the different types of compensation claims that could be made and the eligibility requirements that must be met for each of these.
Additionally, we will share the time limit you have to start each type of these claims. Following this, we will discuss how compensation may be calculated for each type of claim.
Furthermore, we share how a No Win No Fee solicitor from our panel could help you with claiming compensation.
To ask any questions you may have or to discuss the factors of your case, you can contact one of our friendly advisors:
- Ring us on 0333 000 0729
- Ask a question in our live chat
- Or contact us via our online claim form.
Go To A Part Of Our Guide On How To Make A Compensation Claim
- Making Sure You’re Eligible To Claim
- Gathering The Right Evidence
- What Are The Time Limits For Making A Claim?
- How Much Compensation Can I Claim?
- Funding Your Claim And No Win No Fee Agreements
- Will I Have To Go To Court?
- How Long It Can Take To Receive A Payout
- How Legal Helpline’s Panel Of Solicitors Can Help
- More Information
Making Sure You’re Eligible To Claim
So, how do you make a compensation claim? Depending on the type of claim you are wishing to make, there will be certain eligibility factors your case will need to meet. Below we have set out examples of claims you may be looking to make and the requirements your case will need to meet.
Accidents At Work Claims
While in the workplace, you are owed a duty of care by your employer. Under the Health and Safety at Work etc. Act 1974 they need to take reasonable and practicable actions to help prevent employees from coming to harm.
If they fail to do so, and you become injured in the workplace, you could make an accident at work claim. For example:
- Your employer fails to provide you with manual handling training, causing you to suffer a shoulder injury when trying to lift a load incorrectly.
Public Liability Claims
In public places, the party in control of the area, known as the occupier, owes you a duty of care under the Occupiers’ Liability Act 1957. They must ensure your reasonable safety when you are visiting that public space.
If they fail to do so and you suffer an injury, you could make a public liability claim. For example:
- A cafe fails to signpost a spillage, causing you to slip and suffer an ankle injury.
Road Traffic Accident Claims
Anyone who uses the roads has a duty of care to use the roads responsibly to avoid causing injury or damage to others or themselves. This includes motorists, pedestrians, motorcyclists and cyclists. To comply fully with their duty of care, they must adhere to the Road Traffic Act 1988 and the Highway Code.
If a road user fails to do so, causing you to suffer an injury, you could make a road traffic accident claim. For example:
- A speeding driver fails to come to a stop in time as you are crossing at a pedestrian crossing, causing them to hit you and you suffer a head injury.
Medical Negligence Claims
All medical professionals, whether they work in the public or private healthcare sector, have a duty of care. Per this duty, they must provide the correct standard of care when treating their patients. This covers doctors, nurses, pharmacists, surgeons and other medical professionals regardless of the medical environment they work in, such as a hospital or GP surgery.
If a medical professional does not adhere to their duty of care, and this causes you to suffer harm that could have otherwise been avoided, you may be able to make a medical negligence claim. For example:
- Despite your allergen clearly being stated in your medical records, your GP prescribes you medication containing this allergen, causing you to suffer an allergic reaction.
Data Breach Claims
Any information that could identify you directly or in combination with other information is considered personal data, such as your name and national insurance number.
Any organisation that processes the personal data of UK residents must adhere to the rules and regulations within the Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR), as these sit together as data protection law.
If an organisation fails to do so, this could lead to a personal data breach. A personal data breach is classes as a security incident that compromises the integrity, availability or confidentiality of personal data.
If your personal data is breached due to an organisation failing to adhere to data protection laws, and this causes you to suffer financial or mental harm, you could be eligible to make a personal data breach claim. For example:
- Despite having your new and current address on file, due to human error, your GP surgery sends a letter regarding your medical condition to your old address. This causes you to suffer from anxiety due to someone else having access to this information.
Criminal Injury Claims
If you have been injured due to a violent crime, you could be eligible to make a compensation claim through the Criminal Injuries Compensation Authority (CICA).
However, your case will need to meet the following requirements:
- The incident must have taken place in England, Wales, Scotland or another relevant place, i.e. a boat registered to one of these countries.
- You must have been injured in a crime of violence as defined by the Criminal Injuries Compensation Scheme 2012, such as arson, assault or sexual abuse.
- The incident must have been reported to the police.
If you have any questions regarding how to make a compensation claim, or would like to discuss the validity of your case, you can contact our advisors.
Gathering The Right Evidence
No matter what type of compensation claim you are intending to make, you will need evidence that supports your case. However, the type of evidence you gather will depend on the type of claim you are making. Below, we have set out some examples.
Personal Injury Claims
If you are making a claim for an accident at work, in a public place or a road traffic accident, some examples of evidence you could gather include:
- A copy of your medical records detailing your injuries and treatment.
- Video footage of the accident taking place, such as CCTV footage.
- Photgraphs of the accident site.
- The contact details of anyone who witnessed your accident.
Medical Negligence Claims
Examples of evidence you could gather for a medical negligence claim include:
- A copy of your medical records detailing any prescriptions you were prescribed and conditions you were diagnosed with.
- Correspondence with the medical institute you received your care from.
- Copies of prescriptions and the packaging of the medication.
- A diary detailing your symptoms.
Data Breach Claims
Examples of evidence you could provide for your personal data breach claim include:
- A notification letter or email from the organisation responsible for the breach confirming your personal data was compromised.
- Any correspondence with the organisation responsible for the breach.
- The findings from an investigation of the breach by the Information Commissioner’s Office (ICO). They are the UK’s independent authority of upholding data protection laws.
- Medical records proving your mental harm.
- Financial documents proving your financial harm, such as payslips proving a loss of earnings.
Criminal Injury Claims
When making a claim through the CICA, you will need to provide them with specific evidence. These are:
- A crime reference number, proving you reported the incident to the police.
- Medical evidence of your criminal injury.
- Proof you meet the residency requirements.
Any other information the CICA may need, they will be able to liaise with the police for this.
If you are still wondering how to make a compensation claim for the harm you have suffered, you can contact our advisors.
What Are The Time Limits For Making A Claim?
You also need to be aware that when making a compensation claim, you only have a certain amount of time to begin the process.
Personal Injury Claims
Under the Limitation Act 1980, all personal injury claims need to be started within 3 years of the accident date taking place.
However, there are certain exceptions. The time limit is paused for those under the age of 18 and those lacking the mental capacity to make their own claim. During this time, a litigation friend could make a claim on their behalf.
If no claim has been made when the claimant has either turned 18 or if they have regained this mental capacity, the time limit will run from these dates.
Medical Negligence Claims
Under the Limitation Act 1980, all medical negligence claims need to be started within 3 years of the medical negligence occurring or 3 years from the date of knowledge. This is the date is was first reasonably realised that the harm suffered was caused by a medical professional not adhering to their duty of care.
The same exceptions that apply to personal injury claims, also apply to medical negligence claims.
Data Breach Claims
All personal data breach claims must be started within up to 6 years of the incident taking place.
Criminal Injury Claims
When making a CICA claim, you will generally have 2 years to start your claim, running from the date the incident took place. If exceptional circumstances prevented you from starting your claim within this time limit, exceptions could be made. However, these are assessed on a case-by-case basis.
The time limit for child claims are as follows:
- If you were under 18 when the incident took place, and the incident was reported to the police but no claim was made, you have two years from your 18th birthday to claim unless exceptional circumstances apply
- If you were under 18 when the incident happened, and you did not report the incident to the police, you have two years from reporting it to the police to claim. You will need to prove that exceptional circumstances stopped you from making this report sooner, e.g. historical abuse claims.
To see whether you have enough time to begin your claim, or to learn more about how to make a compensation claim, you can contact our advisors.
How Much Compensation Can I Claim?
The types of compensation you are awarded and how they are calculated depend on the type of claim you are intending to make. Below, we explain this in more detail.
Personal Injury Compensation
Compensation for successful personal injury claims could consist of general and special damages.
General damages compensate you for your injuries and the pain and suffering they have caused you. This includes both psychological and physical injuries. General damages are always awarded in successful personal injury claims.
Those valuing your claim for general damages may refer to the Judicial College Guidelines (JCG) as this document contains compensation guidelines for various injuries.
Wr have used some of these guidelines in the table below, aside from the first entry.
| NATURE OF HARM | HOW SEVERE? | COMPENSATION GUIDELINES | DEFINITIONS |
|---|---|---|---|
| More than one serious injury and special damages | Serious | Up to £1 million plus | Awards this big usually reflect serious multiple injuries and a special damages award for medical costs, care provision and loss of earnings. |
| Brain/Head | (a) Very Severe | £344,150 up to £493,000 | Little to no language function, with little meaningful response to environment and need for full-time nursing care. |
| Neck | (a) Severe (ii) | £80,240 up to £159,770 | Serious cervical spine disc damage or fracture causing substantial movement loss in upper limbs and neck. |
| Knee | (a) Severe (ii) | £63,610 up to £85,100 | The type of fractures that continue from leg into the knee causing constant pain. |
| Hand | (f) Severe finger fracture | Up to £44,840 | Cases that might require partial amputation and leave the hand deformed, impaired with reduced sensation and loss of grip. |
| Leg | (a) Severe (iv) Moderate | £33,880 up to £47,840 | Multiple or complicated fractures as well as crush injuries to one leg and extensive treatments afterwards. |
| Back | (b) Moderate (i) | £33,880 up to £47,320 | This bracket covers numerous types of injuries including compression and crush injuries that cause constant pain and potential osteoarthritis. |
| Arm | (c) Less Severe | £23,430 up to £47,810 | Despite an initially significant degree of injury, a good level of recovery takes place (or is anticipated). |
Special damages compensate you for the financial losses your injuries have caused you to suffer, such as:
- A loss of earnings.
- Medical expenses.
- Care costs.
- Travel expenses.
All of these costs will need to be proven with evidence such as payslips and bank statements.
Medical Negligence Compensation
Compensation for medical negligence claims could also consist of general and special damages. However, general damages compensate you for the unnecessary harm you suffered due to a healthcare professional not adhering to their duty of care.
Using some of the figures in the JCG, we have created the following table. Please note that the first entry has not come from the JCG.
| INJURY | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Multiple forms of severe harm with financial losses | Severe | Up to £500,000+ | Where the person suffers more than one form of harm and is awarded an amount for care provision, medical costs and loss of employment prospects also. |
| Kidney | (a) Serious and permanent damage or loss of | £206,730 to £256,780 | Affecting both kidneys |
| (b) Significant risk | Up to £78,080 | Significant risk of future urinary tract infection or loss of natural kidney function. | |
| Bowels | (b) Total natural function loss. | Up to £183,190 | Where the person may require colostomy use after lost function (depending on their age). |
| Bladder | (c) Serious impairment. | £78,080 up to £97,540 | Seriously impaired bladder control with accompanying pain and incontinence. |
| Spleen | (a) Complete loss. | £25,380 up to £32,090 | Spleen loss and increased risk of infection due to damaged immunity. |
Data Breach Compensation
You could be awarded compensation for your material and non-material damage when making a personal data breach claim.
Non-material damage refers to the psychological harm you have suffered due to your personal data being breached.
Below, we have used some of the JCG’s figures for psychological harm to create the table. The first entry has not come from the JCG.
| INJURY | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Severe psychological harm with material damage | Severe | Up to £500,000 + | Severe psychological harm has been suffered as well as financial losses such as lost earnings. |
| Psychological Damage | (a) Severe | £66,920 up to £141,240 | Factors such as the prognosis and future vulnerability will be taken into account. |
| (b) Moderately Severe | £23,270 up to £66,920 | Significant problems coping with daily and working life, but there is a more optimistic prognosis than severe cases. | |
| PTSD | (a) Severe | £73,050 up to £122,850 | Permanent trauma issues that prevent the person from coping with life as they did before the event. |
| (b) Moderately Severe | £28,250 up to £73,050 | This category sees an improvement after the intervention of professional counselling. |
Material damage refers to the monetary harm you have suffered due to your personal data being breached. Some examples of material damage you could be compensated for include:
- Loss of earnings due to taking time off work for the psychological harm you suffered.
- Paying for therapy.
- Relocation costs if a data breach meant you feared for your safety.
Criminal Injuries Compensation
Following a successful criminal injury claim, you would be awarded compensation for the injuries you have suffered.
Your injuries will be valued in line with the fixed tariff listed within the CICA Scheme. This means you will receive the exact amount listed for your injury.
Additionally, under the multiple injuries formula, you could receive compensation for up to 3 injuries, with the amount awarded as follows:
- 100% for the highest valued.
- 30% for the second-highest.
- 15% for the third highest.
Compensation not subject to this formula could also be awarded if you became pregnant, lost a foetus or contracted an STI.
| INJURY | CICA TARIFF AMOUNT | NOTES |
|---|---|---|
| Multiple Severe Injuries with Special Expenses | Up to £500,000 | Compensation for suffering severe multiple injuries as well as for special expenses. |
| Arm | (A15) £44,000 | Examples of paralysis/ lost function in the dominant arm and hand. |
| Mental harm | (A9) £13,500 | Mental health harm lasting 5 years (or more) but not permanent. |
| Facial scarring | (A8) £11,000 | Serious cases of facial disfigurement. |
| Facial fractures | (A8) £11,000 | Cases where multiple damage occurs to the Le Fort bones in the face. |
| Wrist | (A7) £6,200 | Where there is continued significant disability in one wrist. |
| Eye | (A5) £3,500 | Cases of a dislocated lens in one eye. |
You could also be awarded special expenses. Examples include:
- Any physical aids damaged in the incident.
- Care costs relating to food preparation or your bodily functions.
- Equipment needed to cope with your injuries.
To learn how to make a compensation claim, you can contact our advisors.
Funding Your Claim And No Win No Fee Agreements
Technically, it costs nothing to start a claim. However, certain fees may arise. For example, if you hire a solicitor, they may charge you for their services.
However, the expert solicitors on our panel work on a No Win No Fee basis. This means that by offering to work on your claim under a Conditional Fee Agreement, you will not need to pay for their services:
- Upfront
- As the claim progresses.
- If the claim fails.
A success fee will be due if your claim is a success. Your solicitor will take this as a legally-limited percentage of your compensation.
To see how a solicitor from our panel could help you with making a compensation claim, you can contact our advisors.
Will I Have To Go To Court?
Generally, the majority of compensation claims are settled without the case needing to go to court. Some examples of when your case may need to go to court include:
- The type of claim you are making.
- The severity of your case.
- The types of injuries suffered.
- If liability is being denied.
- If a settlement cannot be agreed.
If you have any questions about claiming compensation for the harm you have suffered, you can contact our advisors.
How Long It Can Take To Receive A Payout
There is no set time limit for how long it could take for you to receive compensation, regardless of the type of claim you are making. Some factors that could affect the length of your claim includes:
- Whether liability is accepted or not.
- The injuries you suffered, their severity and recovery.
- How long it takes to gather evidence.
- Whether the claim needs to go to court or not.
Regardless of how long your claim may take, a solicitor from our panel could help guide you through every step. Contact our advisors to learn more.
How Legal Helpline’s Panel Of Solicitors Can Help
The solicitors on our panel have years of experience working on various different types of compensation claims. Using their knowledge and expertise, they could help you with:
- Gathering evidence.
- Negotiating your compensation.
- Explaining any legal jargon used throughout the claims process.
- Communicate with the defending party.
To learn more about how to make a compensation claim with one of the solicitors on our panel, you can contact our advisors:
- Call 0333 000 0729
- Ask a question using our live chat.
- Or contact us via our online claim form.
More Information
Additional compensation claims guides by us:
- Read more on how serious injury lawyers could help you make a personal injury claim.
- Learn how to report a data protection breach and how this could help you with claiming.
- See if you could claim compensation after being given the wrong medication.
External help:
- Learn when to call 999 from the NHS.
- Get information and support from the mental health charity Mind.
- See if you could be eligible for statutory sick pay from Gov.UK.
Thank you for reading this guide on how to make a compensation claim.
