Last Updated 15th July 2024. Our guide explains when you could make a personal injury compensation claim. Firstly, we detail the criteria to fulfil in order to be eligible and what the time limits are for beginning a claim.
Additionally, we outline the types of personal injuries you could claim for and how different kinds of evidence can help support your claim. Our guide also distinguishes the types of damages you could be awarded and how these aim to compensate you for different losses.
Moreover, we explore how solicitors can value injuries with the assistance of resources and show how the compensation guidelines align with various types of injuries.
To conclude our guide, we highlight how working with a solicitor may be a beneficial option for you. We explain the way a No Win No Fee agreement tends to work and what to expect if you enter one.
Continue reading to learn more about personal injury compensation. Alternatively, you can discuss any queries with an advisor from our team by contacting us in one of the ways outlines below:
- Reach us on 0333 000 0729
- Fill in your details on our online form to contact us
- Refer to the live feature on our webpage to start a conversation with an advisor
Select A Section
- Could I Make A Personal Injury Compensation Claim?
- What Types Of Personal Injuries Could I Claim For?
- Evidence Supporting Personal Injury Compensation Claims
- Examples Of Personal Injury Compensation Payouts
- Claim For A Personal Injury With A No Win No Fee Solicitor
- Learn More About Personal Injury Claims
Could I Make A Personal Injury Compensation Claim?
You might be able to make a personal injury claim if you can prove that you have suffered negligence. Negligence is when you are injured due to a duty of care being breached.
As such, negligence makes up the eligibility criteria that must be proven to begin a personal injury compensation claim:
- A duty of care was owed to you.
- This duty of care was breached.
- As a result of this breach, you suffered an injury.
We will now explain what duty of care is owed to you, and who owes it, depending on where your accident occurred.
Accidents At Work
The Health and Safety at Work etc. Act 1974 states how all employers owe their employees a duty of care. This involves taking reasonable and practicable steps to ensure their employees’ safety while they are working.
Here are some examples of reasonable and practicable steps that employers are expected to take to fulfil their duty of care include:
- Giving employees the necessary Personal Protective Equipment (PPE), such as hard hats on a construction site.
- Conducting regular maintenance checks on all workplace equipment and facilities.
- Giving employees the necessary training, such as manual handling training.
Road Traffic Accidents
All road users owe each other a duty of care while they are on the roads. This involves adhering to the rules and recommendations in The Highway Code and the Road Traffic Act 1988 to avoid causing injury and damage to themselves and others.
Some rules that road users are expected to follow to fulfil their duty of care include:
- Not speeding whilst driving.
- Not being under the influence of alcohol or drugs whilst driving.
- Stopping at red lights.
Accidents In Public
The Occupiers’ Liability Act 1957 states that all occupiers of public spaces (people who have control of a public space, such as a public park or library) owe all lawful public visitors a duty of care. This involves taking steps to ensure that the space’s visitors are reasonably safe.
Some steps that occupiers are expected to take to fulfil their duty of care include:
- Conducting regular maintenance checks on all equipment and facilities in their space.
- Responding to any reports of hazards from the public as soon as they can.
- Putting warning signs up of any hazards that cannot be removed, such as ‘no diving’ signs by the swimming pool in a leisure centre.
If you have been in an accident either on the road, in public, or at work, please contact us. By having a chat with one of our helpful advisors, you will be able to confirm whether you are eligible for personal injury compensation.
Personal Injury Claims Time Limit
If you are eligible to make a compensation claim, you must start legal proceedings within the personal injury claims time limit. This is set out in the Limitation Act 1980 as typically three years from the date of the accident that caused your injury.
However, in certain circumstances, there are limitation period exceptions. To find out more about these exceptions, discuss whether you are within the time limit to start a claim, or if you have any further questions about personal injury claims, please contact one of the advisors from our team.
What Types Of Personal Injuries Could I Claim For?
There are many kinds of personal injuries that you could sustain under different circumstances. If caused by negligence, these could entitle you to claim.
For example, this can include:
- Accident at work: One of the most common types of accidents are slips, trips and falls. This can lead you to sustain all manner of injuries. Suffering a head injury after a piece of debris falls from a height on a construction site could also be an example of an accident at work you can claim for. If your employer failed to provide you with the necessary personal protective equipment to carry out your job without risk of this injury, then you could be entitled to claim. You could also suffer a foot injury if you are not given steel-toe boots and a heavy object drops on your foot.
- Road traffic accident: You may be able to claim compensation for a back injury after a car accident if the accident that caused it happened because of negligence. A driver could have been intoxicated and not paying attention when you braked at a red light in front of them. This could cause a rear-end collision that causes your injury.
- Accident in a public place: A pavement in a public park may have a large pothole that was left unfixed despite the fact that maintenance should have been done. This could lead to you tripping over it and sustaining an ankle injury. You could also claim compensation for the likes of beauty treatments gone wrong, such as a laser hair removal burn or a negligent waxing treatment
To discuss your personal injury claim further, please speak with a member of our team who can provide an evaluation of your case. Provided you have a legitimate claim, they could connect you with a No Win No Fee solicitor from our panel.
Evidence Supporting Personal Injury Compensation Claims
After receiving the medical care you require, it will be beneficial to collect proof to support your claim. Evidence can show that the accident you were involved in was caused by negligence and also the extent to which you were injured.
Examples can include:
- CCTV or dashcam footage to show how the accident occurred.
- Photographs of the immediate scene and the injuries you sustained.
- Medical records to show proof of your injury, such as a copy of an x-ray.
- Witness details. People who saw the accident can provide another account that could support your claim.
A solicitor from our panel may help you collect this evidence. To see whether you have a strong enough case to be connected with one, speak with a member of our team today.
Examples Of Personal Injury Compensation Payouts
If your personal injury claim is successful, your settlement may consist of general and special damages.
General damages compensate you for the physical pain and mental suffering caused by your injury. When valuing your claim, a legal professional may refer to the Judicial College Guidelines (JCG) to help them. This document lists personal injury compensation guidelines for various physical and psychological injuries.
In our table below, we’ve listed some of the figures from the 16th edition of the JCG.
Please only use it as a guide.
Injury Severity Notes Compensation Guidelines
Multiple serious injuries with special damages Serious An award for sustaining more than one serious injury with financial losses, such as therapy costs and lost earnings. Up to £1,000,000+
Paralysis Tetraplegia (a) Upper and lower body paralysis. £396,140 to £493,000
Paraplegia (b) Lower body paralysis. £267,340 to £346,890
Brain damage Moderately Severe (b) There are serious disabilities present and a dependence on others. £267,340 to £344,150
Less Severe (d) There has been a good recovery and a return to employment and a social life. All functions are not restored though, such as poor concentration. £18,700 to £52,550
Leg Amputations (a) (i) Amputation of both legs above the knee. £293,850 to £344,150
Severe (b)(ii) Mobility is permanently altered and there is a need for mobility aids for the remainder of their life. £66,920 to £109,290
Neck Severe (a) (iii) Fractures, dislocations, or damage to soft tissues. £55,500 to £68,330
Ankle Moderate (c) Fractures or torn ligaments. This can cause difficulties with walking on uneven ground or standing for long periods. £16,770 to £32,450
If you would like one of our advisors to value your claim for free, please get in touch using the contact details at the top of the page.
Special Damages In Personal Injury Claims
The other head of claim you may receive is special damages. These aim to recover the monetary losses you have incurred because of your injuries.
Examples of the expenditures include:
- The cost of professional care and medical treatment. You could require physiotherapy for your injury beyond what is available on the NHS or you might require supervision and care.
- Travel expenses. You may have incurred transportation costs if you cannot drive your vehicle or if you must pay to travel to medical appointments.
- Home adjustments. Handrails and ramps may be necessary to install in your house to accommodate your injuries.
- Impact on earnings. You may be unable to return to employment for a period of time or indefinitely, which can reduce or affect your earnings.
It will be advantageous to support these losses with documentation. This can include:
- Payslips
- Invoices or bank statements
- Tickets from transport e.g. bus or train
A solicitor can offer you guidance on what your claim could consist of. Speak with a member of our team today to see if they could connect you with a legal representative.
Claim For A Personal Injury With A No Win No Fee Solicitor
A No Win No Fee agreement may be offered when you are making a claim for your personal injury with the help of a solicitor. In particular, they could put a Conditional Fee Agreement forward.
These usually work in a way which means the success of your claim dictates the payment to your solicitor. If your claim is unsuccessful, this will usually mean you will have no obligation to pay your solicitor for the services they have provided. There are also no upfront or ongoing fees to pay them.
Comparatively, your solicitor will take a fee if you have a successful claim. These are success fees and are a deduction from your compensation that your solicitor will take.
The amount they can take is legally restricted by the Conditional Fee Agreements Order 2013, which caps the percentage they are able to deduct, avoiding any concern of overcharging.
To learn more about No Win No Fee arrangements, please speak with an advisor from our team.
Contact Us
To receive advice about your personal injury compensation claim, please don’t hesitate to contact us. You can reach us using your preferred method of contact below:
- Reach us on 0333 000 0729
- Contact us
- Use our chat option to receive advice from an available advisor
Learn More About Personal Injury Claims
If you found our personal injury compensation guide useful, you can find more of our information on the pages below:
- Compensation Payouts
- Slip, Trip, Fall Workplace Accident Claims
- Shoulder Injury Compensation Claim
- Get information on making a 50/50 accident claim and who pays for what with our helpful split liability claims guide.
- If you’ve suffered a needlestick injury that lead to an infection you might be able to claim compensation, this guide can help you understand the process.
- Learn more about prison injury claims and get advice on the personal injury compensation claims process.
- If you’ve suffered an injury in an accident in a supermarket, you may want to brush up on your legal rights. This guide offers advice on the criteria for making a personal injury claim, as well as examples of potential compensation awards.
- If you’ve slipped on a wet floor, maybe at work, in a supermarket or a shop, you could be entitled to compensation if you’ve suffered an injury. This guide explains your legal rights and what you can do to take action.
- Learn more about serious injury claims
For external sites, please follow the links to the pages listed:
- Managing Risks And Risk Assessments At Work – Health and Safety Executive
- First Aid – NHS
- Campaigns – THINK! Government Guidance
