Personal Injury Claim Guide
This is an informative guide discussing when you may be eligible to make a personal injury claim. There are various types of personal injury claims, including accident at work claims, public liability claims, and road traffic accident claims.
As we move through this guide, we will lay out the eligibility criteria that must be met for a personal injury claim. Furthermore, we will discuss the different pieces of legislation outlining when you are owed a duty of care by different parties.
In addition to this, we will explore the evidence you could provide to support your claim and, if it were to be successful, how the compensation can be calculated. Finally, we will explain what No Win No Fee agreements are and how these could be used to fund the services of a solicitor.
If you would like to ask one of our advisors a question, please don’t hesitate to get in touch. They can provide advice and guidance at no cost in regard to your potential personal injury claim.
You can:
- Call our team on 020 3870 4868
- Claim online via our web form
- Write to a team member using the live chat feature on this page
Frequently Asked Questions On A Personal Injury Claim
Select A Section
- Do I Have A Personal Injury Claim?
- Examples Of Personal Injury Claims
- What Evidence Could Support A Personal Injury Claim?
- How Much Compensation Could I Claim?
- What Are No Win No Fee Agreements?
- Read More About Different Types Of Personal Injury Claims
Do I Have A Personal Injury Claim?
Negligence forms the basis of a personal injury claim. We will define this term below:
- Firstly, a third party, such as your employer or another road user, owed you a duty of care.
- Secondly, they breached this duty of care.
- Finally, resulting from this breach, you suffer psychological damage and/or physical injuries.
Your case must meet all of these criteria to be considered potentially eligible. In the following sections, we will discuss eligibility in regard to the different types of personal injury claims.
Eligibility To Claim For A Road Traffic Accident
Road users have a duty of care, as outlined by the Road Traffic Act 1988 (RTA). They must take reasonable care when navigating the roads to avoid bringing about harm to themselves and others. Alongside this, The Highway Code provides guidance and rules for road users, some of which the law supports.
Some of the ways a road user can breach their duty of care include:
- Driving a vehicle at a speed exceeding the legal limit.
- Operating a vehicle under the influence of alcohol.
Eligibility To Claim For An Accident At Work
The Health and Safety at Work etc. Act 1974 (HASAWA) lays out employer duty of care. This means that employers must ensure their employees are safe at work by taking all reasonably practicable measures.
Some of the ways an employer could breach their duty of care include the following:
- Not providing adequate training.
- Not performing risk assessments.
Eligibility To Claim For An Accident In A Public Place
The Occupiers’ Liability Act 1957 sets out the duty of care owed to the public by the body in charge of a public place. This states that they must ensure the reasonable safety of any visitors to their space.
Some of the ways in which the body in control of a public place could breach their duty of care include:
- Not carrying out maintenance and repairs within the correct time frame.
- Not providing signage to mark hazards.
Examples Of Personal Injury Claims
As explained above, there are various ways in which negligence could occur. We will provide some examples of accidents that could lead to a personal injury claim below:
- You trip and fall on tangled wires trailing through a walkway at work. This leads to you sustaining head injuries.
- The turnstiles in a train station are defective, and despite this being reported, they are not marked as faulty or repaired within the correct time frame. This leads to you, as a visitor to the space, sustaining injuries.
- Whilst driving your car on the roads, another driver, who had been drinking alcohol, swerves out of a different lane and crashes into your car, causing you to sustain a neck injury.
If you would like insight into whether your injuries could be connected to third-party negligence, please speak to one of our advisors. Our team at UK Law are available 24/7 to provide free and confidential advice at a time most convenient for you. If you would like to discuss the claims process in connection to your potential personal injury case, please don’t hesitate to get in touch.
What Evidence Could Support A Personal Injury Claim?
To make a personal injury claim, it is important that you provide evidence that proves the occurrence of negligence. Below we will provide a list of examples of evidence you could use in support of your claim:
- A copy of your medical records detailing the injuries you sustained.
- CCTV or dashcam footage of the accident.
- Photographic evidence of any visible injuries and the accident scene.
- The contact details of any witnesses of the accident
- A diary of your symptoms
As part of a solicitor’s services, they can help you to obtain and compile your evidence. It is recommended that you seek the advice of a legal professional if you are uncertain about the steps you should take.
How Much Compensation Could I Claim?
All successful personal injury claims could receive a compensation award that consists of up to two types of damages: general and special damages. These damages each cover different areas of a claim.
Firstly, general damages covers any mental damage and/or physical pain and suffering that arises due to your injuries. This also takes into account the negative impacts your injuries have had on your quality of life.
We will provide a table as a guide to general damages below using the Judicial College Guidelines (JCG). This is a document that personal injury solicitors can also use to help them value this area of a personal injury settlement.
Please consider this table as a guide. It is not an exact representation of what you would receive as each claim is valued due to its unique details.
Table of Guideline Compensation Brackets
| Type of Injury | Severity | Injury Details | Guideline Compensation Bracket |
|---|---|---|---|
| Brain Injury | (a) Very Severe | The person will have little to no language function, they will be doubly incontinent, and they will need full-time nursing care. | £282,010 to £403,990 |
| Brain Injury | (c)(ii) Moderate | The person will have had their capability to work removed or greatly reduced. They will also have a moderate/modest intellectual deficit. | £90,720 to £150,110 |
| Leg Injury | (a)(iii) Amputation | One leg amputated above the knee. | £104,830 to £137,470 |
| Foot Injury | (d) Severe | This bracket can include fractures of both heels or feet, leading to permanent considerable pain or a substantial restriction on mobility. | £41,970 to £70,030 |
| Wrist Injury | (b) Significant Permanent Disability | Some useful movement remains. | £24,500 to £39,170 |
| Neck Injury | (b)(i) Moderate | Injuries that result in immediate symptoms and may lead to necessary spinal fusion, such as fractures. | £24,990 to £38,490 |
| Hand Injury | (g) Less Serious | A severe crush injury that results in significant function impairment without future surgery or in spite of previous treatment undergone. | £14,450 to £29,000 |
| Back Injury | (b)(ii) Moderate | Numerous frequently seen back injuries. For example, a soft tissue injury that exacerbates or accelerates a pre-existing condition. | £12,510 to £27,760 |
| Knee Injury | (b)(i) Moderate | Injuries, for example, those involving dislocation, which lead to a mild future disability. | £14,840 to £26,190 |
| Arm Injury | (d) Simple Fractures | Forearm fractures that are simple in nature. | £6,610 to £19,200 |
What Can I Claim For?
You could also claim special damages to cover the monetary losses you have suffered due to your injuries. These losses could include the following:
- The cost of care
- Loss of earnings
- Travel expenses
- Housing adaptations
You will require evidence for special damages. Some examples of the evidence you could obtain include invoices, payslips and travel tickets.
For a personalised estimate of the personal injury settlement you could be eligible to receive, please speak to one of our team members.
What Are No Win No Fee Agreements?
There are various types of No Win No Fee agreements. A popular one of these is the Conditional Fee Agreement (CFA). This is the type our panel of personal injury solicitors can offer.
Entering into a CFA means that you generally don’t pay for the services that your solicitor provides in the case that your claim is unsuccessful. This also means no upfront or ongoing payments for these services.
Alternatively, if your personal injury claim is successful, your No Win No Fee solicitor can take a success fee from the compensation. This is a small percentage that the law caps. Also, you and your solicitor will discuss this before you agree to move forward under a No Win No Fee agreement. Therefore, you will not be overcharged.
Don’t hesitate to call up a member of our team and find out whether you could have valid grounds to bring forward a personal injury claim. In the case that they find you potentially eligible to pursue compensation, they could put you in contact with a specialist No Win No Fee personal injury solicitor from our panel.
Speak To Our Team
Our team are available 24 hours a day, 7 days a week, to answer any enquiries you may have regarding the personal injury claims process.
To get in touch, you can:
- Call our team on 020 3870 4868
- Claim online via our web form
- Write to a team member using the live chat feature on this page
Read More About Different Types Of Personal Injury Claims
You can find more information regarding different types of personal injury claims on our website. Please take a look at the guides below to learn more:
- Limitation Period In A Personal Injury Claim
- A Guide On Making A Claim After A Road Traffic Accident
- I Suffered Work-Related Injuries, Can I Claim?
Also, there are various external sources that offer further support and information, such as:
- GOV – Statutory Sick Pay
- NHS – Urgent and emergency care services
- NHS – First aid
Thank you for taking the time to read our guide on when you may have valid grounds to bring forward a personal injury claim. To ask any questions, please speak to a member of our team using the contact details above.
