Am I eligible to make a personal injury claim?

If you’ve been injured in an accident that wasn’t your fault, contact us to find out if you’re eligible to make a personal injury claim.

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Am I eligible to claim?

Am I Eligible to Make a Claim?

If you suffered an injury due to negligence, you may be eligible to make a claim for compensation. This could include incidents such as a road traffic accident, an accident at work, substandard medical care, or other situations where another party has caused you harm.

However, to be eligible for compensation, you must fulfil certain criteria, which will be discussed in detail throughout this guide.

If you or a loved one have suffered a personal injury and would like to start a claim, call 0800 470 0474 or use our contact form to request a call back. You will receive a free case assessment, during which you will find out if you can make an injury claim on a no win no fee basis.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    Do I have a valid personal injury claim?

    If you’ve been injured in an accident and believe that somebody else was at fault, a solicitor can help assess your potential compensation. To take on your case, your injury lawyer must be able to answer ‘yes’ to the following questions and have the evidence to prove it:

    • Was somebody else at fault for your accident?
    • Were you injured as a result of this accident?
    • Did the accident happen within the time limit?

    Was somebody else at fault for your accident?

    To be entitled to make a personal injury claim, it is essential that somebody else was at fault for your accident. This means proving that the incident occurred due to their negligence, recklessness, or failure to meet their legal responsibilities.

    Fault implies that the other party owed you a legal duty of care and breached that duty, causing your accident. For example, this could be:

    • An employer who failed to provide a safe working environment or adequate training.
    • A driver who acted negligently, such as speeding or running a red light.
    • A property owner or occupier who neglected to address hazards like wet floors or faulty stairs.
    • A healthcare professional who failed to provide the standard of care expected of them.

    If nobody else is at least partially responsible for the injuries you have suffered, you will not be entitled to compensation.

    Were you injured as a result of this accident?

    During your claim assessment, the solicitors will ask you about the injury or injuries you have suffered due to the accident. A personal injury can be:

    • A physical injury, such as whiplash, a fractured wrist or a laceration.
    • A psychological injury, such as post-traumatic stress disorder (PTSD) or depression.
    • An illness, such as asbestosis, occupational asthma or cancer.

    If you were lucky to escape without suffering any injury, you would not be eligible to claim. Near misses or close shaves are not grounds for compensation under personal injury law.

    If you have suffered an injury, you must be able to prove a clear connection between it and the accident (causation). This can be accomplished through evidence such as medical records, witness statements, expert testimony and photographs.

    Did the accident happen within the time limit?

    For your claim to be valid, you must start it within the legal time limit, known as the limitation period. This limit is in place to ensure you start your claim while the evidence is still fresh and you, as well as witnesses, can accurately recall the events.

    In most cases, you have three years from the date of the accident to initiate a claim for compensation under the Limitation Act 1980. For this reason, seeking legal advice as soon as possible is essential to ensure your legal right to compensation doesn’t become time-barred.

    A few exceptions exist to this three-year time limit, including:

    • Child injury claims have no limitation date until the child’s 18th birthday. This gives them until they turn 21 to make a claim if nobody acted on their behalf.
    • Claims for industrial diseases and other illnesses have a three-year limitation period from when you first became aware of your condition. That is because symptoms may take years and even decades to appear.
    • For incidents such as assaults, you have two years to claim under the Criminal Injuries Compensation Authority (CICA) scheme.
    • If the injured person lacks mental capacity, the time limit is extended until they regain capacity. In case of a permanent condition, the limitation date is suspended altogether. A litigation friend can act on their behalf.

    I’m not sure who was to blame. Can I still make a claim?

    Yes, you may still be able to make a claim even if you are unsure who was to blame for your accident. The law is a complex subject, so don’t worry if you are unsure who is at fault for your accident.

    Part of your solicitor’s role is to investigate and determine liability. They will use their expertise to assess the circumstances of your accident and determine if somebody else’s negligence was at fault.

    For some types of claims, proving fault is not always necessary. For example:

    • If you were injured due to a criminal act, it is possible to make a claim through the CICA scheme, even if the perpetrator is unknown or they have not been convicted.
    • If you were injured in a road traffic accident and the driver at fault is uninsured or untraceable, you can still claim through the Motor Insurers’ Bureau (MIB).
    • If you had an accident during military service, you could claim through the Armed Forces Compensation Scheme (AFCS) without having to prove fault or negligence.
    • If you are injured due to a defective product, you may be able to claim compensation under the Consumer Protection Act 1987 without needing to prove negligence by the manufacturer.

    An experienced solicitor can provide expert guidance to help you navigate complex situations. They will assess the facts of your case and advise you on the best way forward, even if liability is unclear.

    Can I still claim compensation if I was partly at fault for my accident?

    If you were partly at fault for the accident that caused your injuries, this is known as contributory negligence. Even so, you may still be entitled to make an injury claim. However, any compensation awarded would be reduced to take into account the level of blame that can be attributed to your own actions.

    An example of contributory negligence is when a car driver is involved in an accident while not wearing a seatbelt. Although the accident was another person’s fault, the injuries sustained by the driver may have been exacerbated due to them not wearing a seatbelt.

    No matter your situation, you should speak to a solicitor about your options and legal rights. Also, it is recommended that you never apologise or admit fault for an accident. Ultimately, it will be up to the defendant to prove your contributory negligence.

    Can I make a personal injury claim on behalf of a loved one?

    Yes. In certain circumstances, you may be eligible to make a personal injury claim on behalf of a loved one. This is often necessary when the injured person cannot make the claim themselves due to their age, mental capacity, or other factors.

    To claim compensation for a loved one, you must first apply to the court to be named as their litigation friend. To become a litigation friend, you must:

    • Be able to make fair and competent decisions about the legal case.
    • Have no conflicting interests with the person you’re representing.

    If you act on behalf of your loved one, you will have several responsibilities, which include:

    • Work with a solicitor to gather evidence and manage the claim.
    • Act in the best interests of your loved one.
    • Attend court hearings, if necessary.
    • Provide accurate information about the accident, injuries, and financial losses.
    • Make decisions about compensation offers made by the defendant.

    Your role as a litigation friend will end when the case concludes or the person you represent gains the capacity to manage their own case (for example, when a child turns 18 or an adult recovers mental capacity).

    Can I make a compensation claim for wrongful death?

    Yes, if you have lost a loved one due to someone else’s negligence or wrongful actions, you could potentially claim compensation. You must qualify as their dependent under the Fatal Accidents Act 1976 to be eligible. This typically includes:

    • Spouses, civil partners, or cohabiting partners for at least two years.
    • Children, including stepchildren and adopted children.
    • Parents and anyone treated as a parent.
    • Other dependents include siblings, aunts or uncles.

    Compensation for wrongful death can include:

    • Damages for the loss of financial support the deceased provided, such as wages or pensions.
    • Compensation for the value of household services they offered, such as housekeeping or DIY.
    • Reasonable costs associated with the funeral and burial or cremation.
    • Compensation for the pain, suffering and financial losses the deceased endured before their death.
    • A fixed bereavement award of £15,120 payable to certain dependents for grief and suffering.

    What evidence do I need to back up my claim?

    The type of evidence you can gather to back up your compensation claim will depend on the kind of accident you have had. Evidence to support your claim could include:

    • Photographs of your injuries and the accident scene.
    • Medical records of your injuries, treatments and prognosis.
    • Testimony from witnesses and medical experts.
    • Police and accident reports.
    • Correspondence with the third party at fault for the accident.
    • Evidence like receipts and invoices to prove financial losses.

    Don’t worry if you feel there is not enough evidence to support your claim, as this is something that your solicitor will be able to assess for you. If you are entitled to claim, they will investigate the accident in detail and help gather evidence to create a strong case.

    What types of accidents can I claim compensation for?

    You could claim compensation for various accidents as long as another party caused you harm through negligence or intentional actions. These include:

    How can a claim for injury compensation help me?

    A compensation claim can help you in several ways, providing financial, emotional, and practical support during a challenging time:

    • First, it can help you cover all the financial losses and out-of-pocket expenses caused by your injury or accident (special damages). These include medical treatments, loss of earnings, travel costs, and care and assistance with daily living.
    • Secondly, your solicitor can help you get access to rehabilitation, treatments or support services that might not be covered by the NHS or your insurance.
    • Making a claim also ensures that the responsible party is held accountable for their negligence or wrongdoing, which can provide a sense of justice or closure.
    • You can also claim for damages that are less tangible but just as significant (general damages), such as physical pain, emotional distress, reduced quality of life or loss of amenity.
    • If your injuries have a long-term impact, compensation can provide financial security for you and your family by covering loss of earning capacity and your future care needs.

    Can I make a personal injury claim on a No Win No Fee basis?

    If you have a valid claim, your personal injury solicitor will offer you a no win no fee service. This type of arrangement allows you to seek compensation without worrying about upfront legal costs or financial losses.

    Your solicitor takes the risk of litigation and will only be paid if your claim is successful. If you win your case, they will deduct a pre-agreed percentage (capped at 25%) as their success fee. You won’t owe your solicitor a single penny if your claim is unsuccessful.

    Your lawyer may recommend taking out ATE insurance to cover expenses such as court fees and expert witness costs. If you lose, the insurance policy covers these costs. You only pay for the ATE premium if you receive compensation.

    To find out if you can make a claim, call 0800 470 0474 or request a call back. A legal adviser will help determine your eligibility and explain your legal options.