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…
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Personal Injury Claims
If you’ve suffered any injury or illness due to someone else’s fault, you may be entitled to make a personal injury claim for your pain, suffering and financial losses. You could claim for any injury, ranging from mild cuts, fractures and sprains to spinal cord trauma, severe brain injuries and fatalities.
There are many different types of accidents that could lead to personal injury claims. These include road traffic collisions, slips and trips, workplace accidents, medical negligence and violent crimes. As long as you suffered harm due to the actions of a third party, you should be entitled to claim compensation.
To find out if you can start a personal injury compensation claim, call 0800 470 0474 today for free legal advice. Alternatively, you can use our online claim form to request a call back and discuss your case.
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.
Table of Contents
What are personal injury claims?
A personal injury claim is a legal case you can start if you have suffered harm due to someone else’s negligence. It is the formal process through which you can recover compensation from the responsible party. This will cover your pain, suffering and related financial expenses. You could claim for an illness, physical injury or psychological trauma.
Personal injury compensation is a legal right intended to put you back in the position you would have been in had the accident not occurred. It is typically paid by the defendant’s insurer or, in some cases, an organisation like the Motor Insurers Bureau (MIB).
You must follow strict time limits and steps if you want to make a successful personal injury claim. The experienced solicitors we partner with will guide you through all the stages of the claims process and offer you support and advice at every step of the way.
Am I entitled to make a personal injury claim?
If you believe you are entitled to make a claim for compensation, you should seek legal advice as soon as possible. An expert personal injury lawyer will ask you a few questions about your case to determine whether:
- Another party owed you a duty of care
- They breached this duty through an act of negligence or wrongdoing
- Their actions caused an accident to occur
- You suffered an injury as a result of the accident
Remember that you typically have to start a personal injury claim within three years of an accident or becoming aware of the harm you suffered. If you take longer to get started, you may lose your right to claim injury compensation.
Your solicitor will be able to prove a duty of care by referring to the relevant UK legislation, such as the Health and Safety at Work Act 1974 if you were injured while doing your job. After establishing liability, they will help you gather evidence to support your case and guide you through all the steps of the claims process.
Knowing that you can make an injury claim even if you were partially at fault for the harm you suffered is essential. Under contributory negligence, you are still entitled to compensation if you were less than 50% at fault for an accident that caused you some form of personal injury.
In this case, your payment will be reduced by a percentage that reflects your part of the blame. For example, if you had a car accident and were not wearing your seatbelt, you may only receive 75% of the compensation you would have been entitled to otherwise.
What is the personal injury claims process?
If you are entitled to compensation for a personal injury, the claims process will typically follow these steps:
Free initial consultation
A free initial consultation with a legal adviser is the starting point of your personal injury claims process. During this session, you can discuss the details of your case, learn about your legal options, and ask any questions you may have. If you can start a no win no fee* claim, you will be paired with a solicitor that is right for you.
Assigning liability
Determining who is responsible for your injury is an essential step of the claims process. It involves identifying the party or parties at fault for the incident and establishing a legal basis for seeking compensation for your losses.
Gathering evidence
Having as much evidence as possible is essential for building a solid case. This includes collecting documents, witness statements, photographs, and other relevant information that supports your claim and helps establish liability.
Medical assessment
Undergoing a medical assessment is a critical step to determine the extent of your injuries. Your solicitor will arrange an independent medical exam to evaluate your condition and any ongoing or permanent issues, such as scarring. Their report will be essential to decide how much compensation you should receive.
Submitting the claim
Once evidence is compiled, your solicitor will submit a claim notification form to the responsible party or their insurer. This document outlines the details of the accident, the injuries sustained, and the amount of compensation sought. The other side has up to three months to investigate your claim and admit or deny responsibility.
Negotiations
If liability is admitted, your lawyer will engage with the responsible party or their insurer to reach a fair settlement. Both parties can make multiple offers until they decide on a compensation award that everyone finds acceptable. If the defendant denies liability or you cannot settle, your solicitor will be prepared to argue your case in court.
Compensation payment
If negotiations are successful or a judge rules in your favour, you should receive your compensation award within four weeks. This is usually a lump sum payment paid directly into your bank account.
What evidence do I need to make a claim?
If you want to pursue a personal injury claim, you will need relevant proof to show the following:
- How your accident and injury took place
- That you’ve suffered an injury due to someone else’s negligence or actions
- The type and severity of the harm you suffered
- How this has affected your life
- The long-term effects of your injury or condition
- The financial losses and expenses incurred as a result
An experienced personal injury solicitor will review any documents and evidence you already have and help you gather everything else you need to support your claim. This could include:
- Photographs or videos of the accident scene, including any hazards or conditions that contributed to it;
- Pictures of your injuries immediately after the incident and throughout your recovery;
- A copy of an accident report from your employer or a property owner to prove the date, time and location where the events took place;
- Names and contact details of witnesses to the incident whose statements could help support your case;
- Medical records detailing your injuries, treatments and recovery prospects;
- Expert opinions on the incident and its impact from medical professionals, accident reconstruction experts, or other specialists;
- Your employment records, including work schedules, time off, and any relevant safety reports;
- All communication related to the incident, including emails, letters, and text messages with the involved parties;
- If the incident was captured on surveillance cameras, your solicitor can help you obtain CCTV footage that supports your version of events;
- A police report and crime reference number if you were the victim of an assault or a hit-and-accident;
- A personal journal detailing the progression of your injuries, pain levels, and the impact on your daily life;
- You will also need proof of all your financial losses, such as receipts, invoices and bank statements.
Types of accidents leading to a personal injury claim
If you were involved in an accident that was not your fault, you may be entitled to make a personal injury compensation claim. The most common situations that solicitors deal with include:
Road traffic accidents involve collisions between cars and other vehicles, pedestrians, or cyclists. Common causes include negligence, reckless driving, or failure to follow traffic laws. If another road user has caused you harm, you could claim under the Road Traffic Act 1988.
Accidents in public places, such as shops or pavements, can result from hazards like wet floors, uneven surfaces, or inadequate signage. Local councils and property owners must keep public premises safe for visitors under the Occupiers Liability Act 1957.
Workplace accidents can occur due to unsafe conditions, lack of proper training, or equipment malfunctions. Employers have a legal duty to take all reasonable measures to protect employees from risks of injury. Failing to do so would make them liable in a personal injuries claim under the Health and Safety at Work Act 1974.
Injuries sustained during sports activities can range from minor cuts and bruises to severe, life-changing injuries. While many sports have an inherent risk of getting hurt, negligence, lack of proper safety measures, or defective equipment may contribute to accidents. In such cases, making a claim for injury against the person or company at fault may be possible.
Violent crimes
Violent crimes, such as assaults or sexual abuse, can cause severe emotional trauma and physical injuries. In such cases, the assaulter is typically unknown or does not have the financial means to compensate the victim. However, you could claim through an independent organisation called the Criminal Injuries Compensation Authority (CICA). You must report the crime to the police and cooperate with their investigations to qualify for a CICA claim.
Medical negligence occurs when healthcare professionals fail to provide an acceptable standard of care, leading to patient harm. It can include surgical errors, misdiagnoses, or prescription errors. Victims of medical negligence could claim compensation for damages and ongoing medical needs.
Industrial accidents can happen in manufacturing, construction, or other industrial settings. These accidents may involve heavy machinery, chemical exposure or falls from height. Claims for industrial accidents may also include injuries that develop over time, such as deafness, mesothelioma or occupational asthma.
Accidents abroad
You may still be able to make a personal injury claim if you had an accident in a foreign country. These may include hotel accidents, food poisoning, road accidents or assaults. Based on your situation, you may be able to claim in the UK, or you may have to make an injury claim overseas.
If you lost a loved one due to someone else’s negligence, a personal injury lawyer could help you make a compensation claim. This may cover funeral expenses, loss of financial support, and the grief and suffering it has caused you.
Common injuries for which you could claim personal injury compensation
Various types of injuries could lead to a compensation claim, including:
Fractures
Broken bones can range from hairline cracks to comminuted fractures, where the bone breaks into several pieces. These injuries often result from traumatic incidents such as car accidents or falls. Fractures may require surgical procedures and physical therapy and cause long-term pain and mobility issues.
Cuts and bruises
While these injuries may seem minor, they can lead to complications, infections, or psychological distress. Cuts may require stitches and cause permanent scarring, while severe bruising can indicate underlying tissue damage. Proper wound care, including cleaning and dressing, is essential for healing.
Sprains and strains
Sprains involve stretched or torn ligaments, while strains affect muscles or tendons. Both can result in pain, swelling, and limited mobility. Treatment often includes rest, ice, compression, elevation (RICE), and physiotherapy for rehabilitation. Mild sprains and strains may heal within a couple of weeks, while more severe ones can take months to recover.
Hearing loss
Hearing loss typically results from prolonged exposure to loud machinery or equipment without adequate hearing protection. It may also be due to acute loud noises, trauma to the ears or medical negligence. Management may involve hearing aids, cochlear implants, or other assistive devices.
Eye injuries
Eye injuries range from corneal abrasions to more severe trauma and complete blindness. They can have various causes, such as workplace accidents, traffic accidents, violent assaults or medical negligence. Treatment may include medication, surgery, or vision aids. Compensation claims may address medical treatments, vision aids, and potential impact on your quality of life.
Amputations
Amputations involve the removal of a body part and often result from serious injuries or medical conditions. Losing a limb or another part of your body can be highly traumatic. It may have a huge emotional impact and also affect your ability to work and carry out daily tasks. If it was due to someone else’s negligence, a personal injury lawyer could help you claim compensation.
Head and brain injuries
Head and brain injuries can range from concussions to traumatic brain injuries. These can be due to various causes, such as road accidents, slips and falls, sports activities, assaults and accidents at work. They can have many long-term effects, such as memory loss, cognitive impairment and behavioural changes. Treatment may involve medical monitoring, surgery, rehabilitation, and therapy.
Back injuries
Back injuries can range from minor sprains and strains to fractures and spinal cord trauma. They can be caused by lifting and manual handling, accidents and medical negligence. Back injuries can result in chronic pain, paralysis, or loss of sensation. Treatment may involve rest, surgery, medication, and rehabilitation.
Arm and leg injuries
Injuries to arms and legs, such as fractures, dislocations, or soft tissue injuries, can lead to pain and limited mobility. Treatment varies but often includes rest, physiotherapy, and sometimes surgery. If they were due to someone else’s actions, you could claim compensation for your pain, suffering and impact on daily activities and work.
Hip injuries
Hip injuries, including fractures or dislocations, can occur due to various causes, including accidents, falls, repetitive stress, or medical conditions. They can range from mild to severe and impact mobility and quality of life. Treatment may involve surgery, rehabilitation, and assistive devices.
Burn injuries
Burns can range from superficial injuries to deep wounds that affect underlying muscles and bones. They can cause severe pain and have long-term consequences like scarring and functional impairment. They often result in emotional trauma as well. Treatment includes wound care, grafting, and rehabilitation.
Repetitive strain injuries
Repetitive strain injuries, such as carpal tunnel syndrome or tendonitis, result from prolonged, repetitive movements. Symptoms include pain, tenderness, stiffness and reduced strength in the affected muscles. Treatment involves rest, physical therapy, and ergonomic adjustments.
Birth injuries
Birth injuries refer to physical harm or medical conditions that occur during childbirth. These injuries can affect the newborn, the mother, or both. Some examples include cerebral palsy, facial nerve injuries, fractures and perineal tears. You are entitled to make an injury claim if they are due to medical negligence.
Industrial illnesses
Industrial illnesses, such as asbestos-related diseases or respiratory conditions, result from exposure to harmful substances in the workplace. Prevention involves protective measures such as PPE, and compensation claims may cover medical treatment, loss of earnings, and potential long-term health impacts. If your employer has failed to protect your health and safety, you may be able to make a personal injury claim against them.
Psychological injuries
Psychological injuries, including PTSD or anxiety, can result from traumatic events or workplace stress. These can severely impact your ability to work and carry out daily activities. Treatment involves therapy, counselling, and support. Mental health support is crucial in these cases.
Can I make a claim on behalf of a loved one?
Personal injury laws allow you to seek compensation on behalf of a loved one if they are unable to do so. That is usually the case if the claimant is a child under 18 or an adult classified as a protected party under the Mental Capacity Act 2005. That means they might not be able to handle their case due to:
- An intellectual disability like Down syndrome
- A mental health disorder like schizophrenia
- A neurodegenerative condition like dementia
- Post-traumatic stress disorder
- A brain injury or stroke
To represent a loved one, your solicitor will help you fill out and file all the necessary documents to be appointed as their litigation friend. Before naming you, the court will verify that you have no conflict of interest with the defendant and can conduct legal proceedings fairly and competently. The duties of a litigation friend include:
- Always have the defendant’s best interest in mind
- Attend court hearings if necessary
- Help gather evidence for the case
- Liaise with solicitors and take legal advice
- Make decisions about the case
- Make sure the claimant attends all medical appointments
- Pay any fees requested by the court
- Consider accepting any settlement offers from the defendant
The role of a litigation friend ends if a child turns 18, a protected party regains mental capacity, or the claim is settled. You or someone else can also apply for a replacement if there’s a valid reason behind it.
Claims for fatal accidents
If a loved one suffered a wrongful death due to someone else’s negligence and you qualify as their dependant, you may be eligible to make a fatal accident claim for compensation. Under the Fatal Accidents Act 1976, a dependant entitled to start a personal injury claim is any of the following:
- A spouse or former spouse
- A civil partner or former civil partner
- Someone living as a partner with the deceased for at least two years before their death
- Children and other descendants
- Parents and other ascendants
- Anyone treated as a child or a parent
- Siblings, aunts and uncles
Any dependant who has suffered losses due to the wrongful death of their loved one could make a claim for:
- Financial dependency, if they were relying on the income and other economic benefits that their loved one provided;
- Loss of services if the deceased was taking care of duties like gardening, DIY projects or childcare;
- Funeral expenses that you paid for, such as wreaths, the cost of a memorial, and the headstone;
- The financial losses and expenses incurred by the deceased before passing away, such as lost wages and medical bills;
- A bereavement award for your grief and suffering, which is currently at £15,120.
How much compensation could I receive for a successful personal injury claim?
Each case is unique, and the personal injury compensation you could receive if you make a successful claim will depend on your particular losses. The amount will be influenced by factors such as the type and severity of your injury, long-term care needs, lost wages and other expenses.
Your solicitor will ensure they know the full extent of your injuries and their long-term impact before calculating your compensation award. Each claim for personal injury includes two types of damages:
Special damages cover the specific financial losses and expenses you incurred due to your illness or injury. They are calculated based on evidence such as receipts and invoices and may include:
- Lost wages from taking time off work to recover
- Loss of or reduced earning capacity if you were left with a disability
- Prescriptions and medical bills for private treatments
- Costs of care and assistance with daily living, even if provided by a loved one
- Medical aids and equipment, such as hearing aids or wheelchairs
- Rehabilitation and physical therapy
- The cost of repairing or replacing damaged property like clothing or your car
- Modifications to your home or vehicle to accommodate a disability or aid recovery
General damages cover the physical injury or disease and how this has impacted your daily life. The award for general damages will take into account:
- Physical pain and suffering
- Emotional and psychological distress
- Physical or mental disability
- Loss of consortium or companionship
- Loss of enjoyment of life
- Reduced quality of life and life expectancy
- Inability to engage in a hobby or social event
These are awarded based on historical cases and the guidelines offered by the Judicial College. Feel free to refer to our online compensation calculator to see how much you could receive for your injuries and financial losses.
Who will pay my compensation if I make a successful claim?
If your personal injuries claim is successful, the compensation award will be paid to you by one of the following, depending on the circumstances of your case:
- The defendant’s insurer. The party at fault will typically have insurance against personal injury claims, whether you had an accident at work, on the road or on private premises. In this case, the defendant will not be left out of pocket, as your compensation will be paid through their insurance policy.
- The Motor Insurers Bureau (MIB). The MIB is an independent organisation funded through the insurance premiums paid by law-abiding motorists. If you claim for injury caused by a hit-and-run accident or an accident with an uninsured driver, the MIB will cover your compensation award.
- The Criminal Injuries Compensation Authority (CICA). The CICA is a government organisation funded by taxpayers and established by the Ministry of Justice. Its role is to pay compensation to blameless victims of violent crimes such as assaults and sexual abuse when the victim is unidentified or does not have the means to pay for damages.
- NHS Resolution. This is an arm’s length body of the Department of Health and Social Care. It is funded by premiums paid by NHS trusts to cover personal injuries to patients who have suffered from medical negligence.
- The Armed Forces Compensation Scheme (AFCS). The AFCS is another government scheme managed by Veterans UK. If you suffered an injury or illness while serving in the military, the AFCS will pay you compensation regardless of liability disputes. That means you do not have to prove negligence, only that your harm was caused during military service.
Your solicitor will be able to identify the party who’s liable for your damages after learning the details of your case.
Time limits to start a personal injury claim
There are strict time limits for starting a personal injury claim under the Limitation Act 1980. Typically, you have three years to begin legal proceedings after the date of an accident. That is known as the claim limitation date, and if you exceed it, your case will become time-barred and no longer valid.
In some rare situations, the court may allow an extension of the time limit based on the reason and extent of the delay. However, it would be best not to count on this and always start your claim as soon as possible. That will ensure all the events that led to your injury are still fresh in your mind and will usually make the evidence needed to build a strong case more readily available for your solicitor.
There are several exceptions to this time limit that might apply to your personal injury case:
- If your injury developed over time or did not become immediately apparent following an accident, the three years would begin from the date of knowledge. This refers to the moment you knew or should have reasonably become aware of your harm and that it was due to someone else’s negligence.
- For accidents involving children, the limitation date only begins on their 18th birthday. From this day, they will have until turning 21 to start a claim.
- If the claimant is a protected party, the time limit is put on hold, and a litigation friend could claim for them at any time. The three-year time limit only begins if they regain mental capacity.
- There is a two-year time limit to claim through the CICA following an assault or another violent crime.
- If you suffered an injury while serving in the military, you have seven years to claim through the AFCS.
- If you lost a loved one due to someone else’s negligence, you can start a compensation claim within three years after their death or after finding the cause of death.
- If you want to claim for an accident abroad, the time limit may differ from country to country and be much shorter than three years.
To find out what claim limitation date might apply to your case or start the personal injury claims process, call 0800 470 0474 today. Alternatively, you can arrange a call back from a friendly legal adviser using our online claim form.
How long do personal injury claims take?
Each case is unique, so it is hard to say precisely how long your claim might take. How quickly it may settle depends on several factors, such as:
- The type and severity of the injuries you suffered
- Whether you suffered one or more injuries
- The type of accident you were involved in
- Whether you know the identity of the defendant
- Whether there were multiple parties involved in the incident
- The expected recovery time and any long-term or permanent effects of your injuries
- How long it takes to gather all the necessary evidence to start your claim
- The estimated value of your compensation award
- Whether there are any liability disputes or the other side admits being at fault for your harm
- How long it takes to negotiate a settlement with the other side
- Whether your case goes to court
More than 95% of all personal injury claims are settled without court proceedings, so the chances of you going to court are slim. That is preferable for both parties, as it brings several benefits, such as fewer expenses, less stress, and a quicker resolution over which both parties have control.
As a general rule, it could take:
- 4 to 9 months to settle a road traffic accident claim
- 6 to 12 months to settle a claim for an accident at work or a public liability claim
- 12 to 18 months for industrial disease claims
- 12 to 36 months for medical negligence cases
Do I need a personal injury solicitor to make an injury claim?
Hiring a specialist personal injury solicitor to make a claim is not a legal requirement. However, having legal representation can be highly beneficial and increase the chance of a successful and fair outcome. Here are some reasons why you might consider using a solicitor for an injury claim:
- They have legal expertise and years of experience dealing with cases just like yours;
- They will be available whenever you need advice and guide you through every step of the claims process;
- Your solicitor will gather and present evidence effectively to build a strong case on your behalf;
- They will handle all communication and negotiations with the other side on your behalf so you can focus on recovery;
- They will arrange for an independent medical review to ensure the full extent of your injuries and their long-term effects are included in your claim;
- Your lawyer will assess the full extent of your damages and know precisely what amount of compensation you should receive for your injury or illness;
- They will keep you regularly informed about the progress of your case;
- They will make the entire claiming process quicker and more straightforward than it may be if you try to deal with the process yourself.
Most importantly, they work on a no win no fee basis, so there is no financial risk for you in hiring them to represent you.
Do personal injury lawyers work on a No Win No Fee basis?
Yes, the personal injury solicitors we work with will offer you a no win no fee claim service if your claim has merit. This service is also known as a conditional fee agreement and allows you to claim compensation without taking any financial risks.
You do not have to pay any fees to your solicitor upfront, and you do not have to pay them anything if your claim is unsuccessful. They only receive a success fee if they secure the compensation you deserve. This fee compensates them for the risk of being unable to recoup any costs if your claim fails. It is a pre-agreed payment capped at 25% of your award for general damages and past financial losses.
Your expert personal injury solicitor may also take out a particular type of legal insurance on your behalf. This is called After the Event (ATE) insurance and covers all the legal costs and disbursements involved in litigation if your claim is unsuccessful.
To find out more about the no win no fee service or get free legal advice about your claim, do not hesitate to contact us by calling free on 0800 470 0474. Or you can use our online claim form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
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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.