Learn How To Claim Personal Injury Compensation

Last Updated 14th November 2024. If you have been harmed in an accident caused by someone else’s negligent actions, you could be eligible to claim compensation. In this guide, we look at how you could make a personal injury compensation claim for injuries caused by different types of accidents, such as an accident at work, a road traffic accident, or an accident in a public place, including the eligibility criteria your case will need to meet.

Additionally, we take you through the personal injury claims process and explain the role of evidence. We then look at time limits for filing a claim and how to file a claim on behalf of another person. Following this, we also look at costs you could recover and how compensation may be calculated.

If you would like to discuss your potential claim, you can contact our advisors to receive free advice. They may also connect you with one of the No Win No Fee solicitors on our panel. Connect with our team today by:

  • Calling us on 020 3870 4868
  • You can begin a claim online using our contact form.
  • You can also speak to our team using our live support.

A solicitor works on a personal injury compensation claim

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What Is A Personal Injury Compensation Claim?

Personal injury claims are a type of legal action you take if you have been injured in an accident which was caused by another person being negligent. A personal injury claim is a legal process to recover compensation for your pain and suffering as well as for the wider impact the incident may have had on you. You could claim compensation if you were injured at work, in a road traffic accident, such as in a rear end collision, or in a public place.

We will look at eligibility criteria to make a personal injury claim in the next section.

Continue reading to see whether you may have an eligible claim. You can also contact our advisors with any questions you may have.

Can I Claim Personal Injury Compensation?

From a slip, trip and fall accident to a cyclist being hit by a car or injuries at work, personal injury compensation claims can be made for a variety of different accidents.

However, regardless of the type of accident you were involved in, to have an eligible claim, you will need to meet the following criteria:

  1. A duty of care was owed to you.
  2. The person who owed you this duty breached it.
  3. Your injuries were caused by this breach.

A duty of care is a responsibility placed onto someone to ensure your reasonable safety. There are various instances where you are owed a duty of care, we have set out some examples below.

Accidents At Work

When you are at work, your employer has a duty of care to ensure your safety. This duty is set out in The Health and Safety at Work etc. Act 1974. Per their duty they need to implement and carry out reasonable steps. This could include providing you with appropriate training and personal protective equipment, as well as carrying out regular risk assessments.

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

  • You could be injured by a broken ladder at work collapsing. If your employer provided you with a known faulty or damaged ladder, they could be considered liable.
  • You were hit by a falling object at work due to stock being incorrectly stored on a storage shelf in your factory job and suffered a head injury. This issue was not spotted due to your employer not carrying out any risk assessments.

Accidents In A Public Place

If you have been injured in an accident in a public place you could be eligible to claim compensation. The occupier (person or party in control) of a public space has a duty of care to ensure that the space is reasonably safe for members of the public to use for its intended purpose. This duty of care is set out in the Occupiers’ Liability Act 1957.

If an occupier breached their duty of care and this caused an accident where you injured, you may be able to make a public liability claim. Some examples could include:

  • A cafe is aware of a loose floorboard but has taken no steps to fix it or signpost the hazard. This leads to you tripping and suffering a leg injury.
  • A hotel failed to properly secure a chandelier fitting to the ceiling of their reception. This results in the chandelier falling onto you from height. You suffer multiple injuries, including post-traumatic stress disorder (PTSD) leading to you making a PTSD claim.

Road Traffic Accidents

Per their duty of care, all road users, from motorists to pedestrians, must navigate the roads in a safe manner to avoid causing injury or damage. To maintain this duty of care they must also adhere to the regulations set out within the Road Traffic Act 1988 and the specific rules within The Highway Code.

A road traffic accident could occur if a road user breached this duty. For example:

To learn more about the different types of road traffic accident claims you could make, such as bus accident claims or car accident claims, you can contact our advisory team.

A person has been injured in an accident at work.

What Is The Personal Injury Claims Process?

When you make a personal injury compensation claim, the Pre-Action Protocol must be adhered to to help resolve the claim before it needs to go to court. These steps are:

  1. Letter of Notification – An initial letter is sent to the defendant to make them aware that you intend to make a claim against them.
  2. Rehabilitation – It is necessary for both parties to consider what rehabilitation and medical treatments the claimant requires.
  3. Letter of Claim – This is sent to the defending party and should contain information relating to the injuries suffered and the facts the claim is based on.
  4. Response – The defendant will have 21 days to acknowledge the letter of claim. Following this, they then have 3 months to conduct their own investigations and reply with whether they accept or deny liability.
  5. Disclosure – At this point, both parties should present any documents to support, clarify or resolve any disputes.
  6. Experts—This is where expert reports, such as a report from an independent medical expert regarding your injuries, are gathered and presented.
  7. Negotiations – A Part 36 Offer can be made if the defendant admits liability for the accident. Both parties will present offers with the goal of settling the case.
  8. Alternative Dispute Resolution (ADR) – If both parties are unable to reach a resolution, ADR methods can be used, such as arbitration. The case will proceed to court if this is unsuccessful.

One of the personal injury solicitors on our panel could help guide you through these steps. To see if you could work with one of them, contact our advisors today.

What Do I Need To Claim Personal Injury Compensation?

A key aspect of claiming personal injury compensation is demonstrating the fault of the third party. Any evidence you gather will not only show this fault but will be used to highlight the extent of your injuries, something that will greatly help the solicitors who value your claim.

We have included a few examples of potential evidence here:

  • Medical evidence such as scans, test results and psychiatric injury diagnosis.
  • Photographs of your injuries, the scene of the accident and its cause. 
  • Contact information of potential witnesses.
  • Workplace documents such as the accident book, training or maintenance logs.
  • Your payslips, bank statements, receipts, travel tickets and any other paperwork that shows what financial losses you experienced. 

You can learn about what evidence can be gathered in personal injury compensation claims by speaking to our advisors. To ask any questions you may have or for a free assessment of your eligibility, get in touch today using the contact information given below.

A woman slips on a icy street

Is There A Time Limit When Making Personal Injury Claims?

A common question about personal injury compensation claims is, “Is there a time limit to claim?” Any personal injury claim must be made within the applicable time limit. You will have three years in which to begin a claim from the date the accident took place. This time limit is set out in the Limitation Act 1980.

To ask any other questions you may have, such as ‘How long does compensation take to come though?’ you can contact our team.

Can I Make A Compensation Claim On Someone Else’s Behalf?

There are instances in which the person who has been harmed is unable to make their own personal injury compensation claim. These include:

  • Children – They are unable to start their own claim until their 18th birthday, from which they will have three years, per the limitation period.
  • Those lacking the required mental capacity – They will only be able to make their own claim if they regain this required capacity and will have three years from the date they make this recovery.

In these cases where someone you know, such as a relative, is unable to make their own claim, you could apply to be or be appointed by the court as a litigation friend and could make a claim on their behalf. You will be expected to act in their best interests and inform them of the progress of the claim.

To learn more about claiming on behalf of someone else, you can contact our advisors.

Potential Personal Injury Compensation Amounts

When you make a successful personal injury compensation claim, you will be awarded general damages. This is given to you for your pain and suffering and the injuries you have suffered. It also covers any loss of amenity, which means loss of enjoyment. For example, if your injuries have prevented you from participating in a hobby you once enjoyed, such as playing rugby, this will be taken into account when your compensation is being calculated.

The Judicial College Guidelines (JCG), along with your medical evidence, may be used when calculating this head of your claim. Various compensation guidelines are listed within the JCG for different injuries. We have set out some of these below, except from the first entry which does not come from the JCG. Please remember, how much compensation you could receive will depend on your unique case.

Compensation Amounts

  • If you suffered multiple serious injuries along with financial losses such as medical expenses, you may be awarded up to £1,000,000+.
  • An injury resulting in very severe brain damage that requires the person to need full-time nursing care could receive between £344,150 to £493,000.
  • A severe neck injury which may be associated with (incomplete) paraplegia, could be awarded around £181,020.
  • Amputations of one leg above the knee could receive between £127,930 to £167,760.
  • Severe shoulder injuries, which are usually associated with neck injuries and involve damage to the brachial plexus, could receive between £23,430 to £58,610.
  • Moderate hip or pelvic injuries which, whilst significant, do not cause major permanent disability, could receive between £32,450 to £47,810.
  • A moderate back injury, such as a crush fracture, which may be accompanied by a residual disability, could receive between £33,880 to £47,320.
  • Less severe elbow injuries that involve the elbow’s function being impaired but cause no significant disability could receive between £19,100 to £39,070.
  • Less severe wrist injuries, which result in some permanent disability, could receive between £15,370 to £29,900.
  • Arm injuries, such as a simple fracture of the forearm, could receive between £8,060 to £23,430.

To learn more about compensation for personal injury claims you can contact one of our advisors.

Can I Claim For Rehabilitation And Care Costs In A Personal Injury Case?

The injuries you suffered in your accident could have caused you to experience financial losses. For example, you may have had to pay for care at home or for rehabilitation.

Any costs or expenses that have been caused by your injuries could also be compensated as part of your personal injury claim. These losses would be compensated under the heading known as special damages.

Special damages could also compensate you for:

  • The cost of physiotherapy.
  • Lost earnings, both past and future.
  • Prescription fees or the cost of over the counter medications.
  • Travel expenses, such as taxi fares, to essential medical appointments.

Our team can help you to assess what financial losses you may be able to claim for as part of your personal injury compensation claim. Contact them today.

Do I Have To Pay Tax On My Personal Injury Claim?

If you are awarded personal injury compensation, you may be worried that your compensation will be subjected to tax.

There is legislation in place that states compensation is not subject to taxation. This is regardless of if it is paid to you in one lump sum or smaller payments over a period of time. Your compensation is also exempt from tax regardless of whether it was settled in or out of court.

For more information on how a personal injury solicitor could help you to claim compensation please contact our team.

What Is A No Win No Fee Personal Injury Compensation Claim?

Provided that your case meets the eligibility requirements, a No Win No Fee solicitor from our panel could help you claim personal injury compensation. The could offer their years of expertise and services under a Conditional Fee Agreement. Benefits that come with claiming with a solicitor under this agreement include:

  • Not paying for their services upfront.
  • Nothing to pay as the claim is in progress.
  • No solicitor service fees to pay if the claim is not a success.

If the claim is a success, however, you will pay a success fee to your solicitor. This is taken as a percentage of your compensation. The law also limits this percentage.

To see if you claim claim with one of the solicitors on our panel, contact our advisors to via any of the following methods:

A solicitor works on a personal injury compensation claim.

Read More About Personal Injury Claims

More guides about personal injury claims:

Further resources:

Thank you for reading our guide to personal injury compensation claims. Contact our team today to discuss your case and receive free advice on how a personal injury lawyer could help you.