How Do I Get More Money From An Injury Claim?
By Marlon Madison. Last Updated 27th October 2022. Are you looking to get more money from an injury claim? An important part of recovery can involve having the finances to do so, so it makes sense to want to maximise your compensation amount. This guide will discuss how to do this and how to make a personal injury claim yourself in the UK.
Before we explore the stages of a personal injury claim, you may have some questions:
- How many personal injury claims go to court?
- What are average personal injury claims payouts in the UK?
- What is the personal injury claims process?
This article will answer these questions and provide you with the information you need to seek compensation for an injury claim. You shouldn’t have to suffer the consequences of someone else’s negligence, so read this guide to explore your next steps.
Get In Touch With Our Team
If you’re looking to get more money from an injury claim, we’re here to help. Get in touch with our team of advisers today on 020 3870 4868 to have a chat about your claim. If they think you have a strong enough case, they can connect you with our panel of lawyers to discuss No Win No Fee agreements.
Alternatively, you can contact us about your claim online and an adviser will get back to you at your earliest convenience. If you’d like to discuss personal injury claims straight away, you can use our live chat pop-up box and get an instant reply.
Our advisers can’t help you with your personal injury claim until they know more about your situation, so don’t hesitate to get in touch. They can then pass you on to our panel of lawyers who can also help you.
Choose A Section
- What Are Personal Injury Claims?
- What Are the Stages of a Personal Injury Claim in the UK?
- Collecting Evidence To Support Your Claim
- Obtaining Medical Evidence To Support Your Claim
- Ensure The Settlement Offer Assesses Future Expenses
- Calculating Compensation Awards In Personal Injury Claims
- The Personal Injury Claims Time Limit
- Do You Handle Personal Injury Claims On A No Win No Fee Basis?
- Other Information
What Are Personal Injury Claims?
If you’ve suffered an injury that was not your fault, you may be eligible to launch a personal injury claim. The injury could’ve been endured in an accident at work, in a public place, due to food poisoning, or in a road traffic accident. The compensation you could receive from a personal injury claim is to compensate for the suffering the injury has caused you.
In order to pursue a personal injury claim, you will need to prove that your injury happened due to someone breaching their duty of care to protect your health and safety. Their negligence should have caused your accident, and you should prove you have suffered injuries from this. For instance, if you suffer an injury due to your employer’s negligence, you may be able to file a personal injury claim against them.
As compensation is designed to help you rebuild your life, it’s important to gain the compensation amount you potentially deserve. This guide will offer support with how to get more money from an injury claim to help you recover financially. You shouldn’t have to suffer due to someone else’s negligence, so we’re here to help.
Data from the Civil Justice Statistics Quarterly in the chart above conveys that personal injury claims have decreased from April–June 2019 (369,000) to April–June 2020 (77,000). If you have suffered an accident in 2019 or 2020 that wasn’t your fault, now could be the time to file a personal injury claim.
What are the Stages of a Personal Injury Claim in the UK?
Having a good understanding of the personal injury claim settlement process in the UK could help you feel better about making a claim.
Your claim will formally begin when you send a “letter before action” to the defendant. A letter before action is a letter informing a defendant that you are about to take legal action against them. In the letter you will detail:
- Why you are taking legal action against them,
- The supporting evidence you have
- The amount of compensation/the type of redress you are seeking.
Therefore, before you send this letter you would collect evidence of:
- Their fault: Evidence that supports the role they had to play in your injury and why they are liable
- Your injury: Such as medical reports or assessments that can confirm the extent of your injury
- The financial effects of your injury: This can include receipts for losses, or proof of loss of earnings
Once you send this letter, negotiations can begin. If a settlement cannot be reached privately, then the matter can be taken to court where a judge could decide the claim.
To learn more about personal injury claim payouts and the benefit of using a solicitor, please reach out to one of our advisors.
Collecting Evidence To Support Your Claim
As mentioned above, collecting evidence can be a crucial part of ensuring you get more money from an injury claim. The compensation you could receive is generally based on the evidence you provide, so having a sufficient amount of proof is important. You should collect as much as possible.
An example of evidence you could collect is pictures of your injuries, as this can help prove your injuries. Furthermore, witness statements or CCTV can support your claim, as this can prove the injury occurred exactly how you claim it did.
If you failed to provide sufficient evidence, the defendant could try to claim that the accident never took place or wasn’t their fault. Additionally, failing to provide medical records could lead the defendant to argue that your injuries aren’t as severe as you state they are. Due to this, it is always helpful to provide evidence in a personal injury claim. Although it can be time-consuming, it could be crucial.
Obtaining Medical Evidence To Support Your Claim
Supporting and aiding your own recovery is of significant importance after an injury. You should ensure you get enough rest and take time off work if needed. However, attending A&E or a GP surgery to receive medical attention must be done if needed. This can also help with your claim.
Medical evidence can be in the form of medical records containing details of your diagnosis and/or treatment. This can help portray the exact injury you suffered, as well as the treatment you took. You can also provide prescriptions of medication you have taken to prove financial costs.
As part of the claims process, we always recommend that you have an independent medical assessment. A medical professional would look over your injuries and any available medical records and create a report. The report would detail the severity of your injuries and your prognosis. It would also indicate whether your injuries were caused (or at least worsened) by the accident or not. Your solicitor, if you choose to use one, could then use the report to value your injuries.
Therefore, a medical report could help you get more money from an injury claim.
Ensure The Settlement Offer Assesses Future Expenses
Once you have accepted a compensation offer, you cannot retract it. This is why you should carefully consider whether what is offered reflects your suffering and losses. You may also need to ensure the settlement offer involves future expenses, if appropriate. You can request a breakdown of what the settlement offer covers, and ensure future expenses are included.
It’s important that, if your injuries will continue to affect your finances after your claim has ended, your settlement includes future losses so you don’t have to pay for this yourself.
A personal injury solicitor could help you figure out whether you may require future expenses. These expenses could include:
- Future loss of income
- Ongoing medical costs
- Future care costs
A UK lawyer could also use evidence to assess how long the future expenses may last, which could be weeks, months, or years.
You can contact our team of advisers for free legal advice to discuss your situation. After this, they could forward you to our panel of lawyers who can discuss future losses with you.
What Can Negatively Impact A Personal Injury Claim Payout?
A failure to take various actions could potentially have a negative impact on your chances of successfully receiving a personal injury claim payout. These are actions such as:
- Collecting or maintaining supporting evidence
- Not receiving a medical assessment for your injury
- Not maintaining records of your financial losses
In order to ensure you receive the right amount of personal injury compensation for your claim, we would advise hiring a solicitor to help you. For any questions about your own claim or personal injury claims in general, please reach out to a member of our advisors.
Calculating Compensation Awards In Personal Injury Claims
Compensation consists of two segments: general damages and special damages. Firstly, we will focus on general damages. General damages compensate for the injury itself and the mental and physical impact it has had on your life. When you contact our team of advisers, they can discuss general damages with you.
Some guides provide a personal injury claims calculator. However, we believe this would be inaccurate in this instance as every individual case and injury is different. Instead, the table below conveys figures taken from the Judicial College Guidelines. (This is a regularly updated publication solicitors may use to help them value injuries.) These figures are for example purposes only and may vary.
| Injury: | Severity: | Notes: | Compensation: |
|---|---|---|---|
| Injuries Affecting Sight | Total blindness and deafness | Ranking with the most devastating injuries. | In the region of £403,990 |
| Injuries Affecting Sight | Complete loss of sight in one eye | This award takes account of some risk of sympathetic ophthalmia. | £49,270 to £54,830 |
| Hand Injuries | Total or effective loss of both hands. | Top of the bracket awarded when no prosthesis can be used. | £140,660 to £201,490 |
| Hand Injuries | Moderate | Crush injuries, penetrating wounds, soft tissue injuries, and deep lacerations. | £5,720 to £13,280 |
| Amputation of Arms | Loss of both arms | Where the claimant is reduced to a state of helplessness. | £240,790 to £300,000 |
| Loss of One Arm | Below-elbow amputation | Amputation through the forearm. | £96,160 to £109,650 |
| Other Arm Injuries | Severe | Injuries that fall short of amputation but are extremely serious with next to no arm mobility. | £96,160 to £130,930 |
| Other Arm Injuries | Injuries resulting in permanent and substantial disablement | Injuries resulting in permanent and substantial disability. Serious fractures in one or both forearms. | £39,170 to £59,860 |
| Leg Injuries | Loss of Both Legs | The award level will depend on factors such as the seriousness of phantom pains and associated mental impact. | £240,790 to £282,010 |
| Leg Injuries | Moderate | Multiple leg fractures or severe crushing injuries, usually on one limb. | £27,760 to £39,200 |
| Injuries to the Pelvis and Hips | Severe | Extreme fractures to the pelvis involving dislocation of a low back joint and a ruptured bladder. | £78,400 to £130,930 |
| Injuries to the Pelvis and Hips | Moderate | Significant injuries to the pelvis and hips with no permanent disability and little risk of future damage. | £26,590 to £39,170 |
In addition to general damages, you could claim special damages too. Special damages are compensation for the financial loss you have suffered due to your injury. An example could be loss of earnings due to taking unpaid sick leave from work.
To qualify for special damages, you must provide evidence. This could include bus tickets to prove you travelled to and from medical appointments.
Our panel of personal injury lawyers can help you collect evidence. Our legal advisers are available 24/7 to offer free legal advice and help you gain the compensation you may deserve.
The Personal Injury Claims Time Limit
If you want to make a personal injury claim, you must adhere to the time limit provided. Apart from some exceptions, there is typically a three-year time limit to pursue a personal injury claim. That’s three years from when you suffer the injury or from when you realised it was at least partially due to someone’s negligence.
If you are under 18, the three-year time limit begins on your 18th birthday. However, a friend/family member can act as a litigation friend and pursue the claim for you. If you are incapacitated, the three-year time limit begins from your recovery. Otherwise, you could also use a litigation friend.
As you can see, there is limited time to make an injury claim. Contact our team of advisers today for free legal advice regarding your situation. They can then connect you with our panel of lawyers who can discuss your case with you.
Do You Handle Personal Injury Claims On A No Win No Fee Basis?
Our panel handles personal injury claims on a No Win No Fee basis. No Win No Fee agreements can be beneficial as you only have to pay the solicitor’s fees if your case succeeds.
If your case fails, you aren’t obliged to pay the solicitor’s fees. If your case succeeds, your personal injury solicitor can deduct a small, legally capped percentage of your compensation. This percentage will be discussed with you beforehand and is to reimburse your solicitor for their hard work.
Why wait? Get in touch with our team of advisers today to discuss how to get more money from an injury claim. They can connect you with our panel of lawyers who can discuss No Win No Fee agreements with you.
We suggest you contact us by:
- Calling our 24/7 team of advisers on 020 3870 4868 for free legal advice.
- Starting your claim online. An adviser will get back to you at your earliest convenience.
- Chatting with an adviser through our live chat pop-up box for an instant response.
Other Information
Medical Negligence Compensation Claims: If you have suffered due to a medical professional’s negligence, you may be able to launch a personal injury claim.
A Guide to Accident at Work Claim – How Much Compensation Can I Claim? – How to Claim?: Have you suffered an accident at work that wasn’t your fault? You could be eligible to pursue a personal injury claim and gain compensation for your injuries.
Can You Sue On Behalf Of Someone Else? – A Complete Guide For Claiming Compensation For Someone Else: Are you thinking of acting as a litigation friend for a friend/family member who’s under 18 or incapacitated? This guide includes the information you should know.
How do I know if I’ve Broken a Bone?: If you suspect you may have a broken bone injury, this NHS guide explores the common signs of a broken bone and where to go to get treatment.
Health and Safety at Work etc Act 1974 (HASAWA): The HASAWA outlines the duty of care employers have to safeguard and protect their employees and how this can be breached.
Report a Problem with a Pavement: If you have suffered a public injury on pavement, you can report a problem with a pavement here.
Holiday Accident Claims Guide – How Much Compensation Can I Claim?: Read this article to learn more about making a holiday accident claim.
Criminal Injury Compensation Calculator: This is a guide detailing how much you could potentially claim for a criminal injury.
Other Guides You Can Read
- I Slipped On A Wet Floor – Can I Claim?
- Orthopaedic Injury Claims
- How Much Compensation For A PTSD Claim
- A Loved One Died Because Of Negligence – Can I Claim?
Writer HL
Checked by HT
