Personal Injury Claims
Injury leading to negligence
If you have suffered an injury due to someone else's negligence, you may be entitled to make a personal injury claim.
We understand that the process can appear overwhelming, but with the assistance and support of our expert personal injury lawyers, you can navigate this journey with confidence.
Understanding Personal Injury Claims
A personal injury can be physical and/or psychological (as opposed to property damage) and a claim arises when somebody sustains bodily or psychiatric harm due to someone else's negligence and/or breach of a statutory duty and seeks compensation through a legal process.
Compensation (known as damages) is split into two main headings:
- General Damages – for pain, suffering and loss of amenity. This compensation relates to your physical and psychological injuries because of the accident; and
- Special Damages – expenses that have been incurred, such as loss of earnings, private treatment, medication (prescription and over the counter pain killers) care and assistance (given by a family member or friend) car hire charges (if your car is written off) travel expenses (for hospital/physiotherapy appointments and the like) mobility aids and equipment around the house, adaptations to the house/car, and future losses such as earnings and pension. There are many more losses that can be claimed for, and each loss is specific to everyone and their needs.
Compensation is usually paid in one lump sum in full and final settlement of the claim, so it is very important you seek legal advice before accepting any offer from the other side.
Types of Personal Injuries
Many types of personal injuries can lead to a claim, with injuries arising from situations such as:
- Road traffic accidents involving drivers, passengers, and pedestrians
- Accidents at work
- Negligence and/or breach of a statutory duty of others in public place, such as a slip or trip
- Sexual or physical abuse
- Faulty product injuries
The Claims Process
The claims process typically starts with your lawyers examining your case and the existing evidence. They will carry out a risk assessment and decide whether it has reasonable prospects of success i.e. at least a 51% chance it will succeed before they are able to take it on.
Once our lawyers are satisfied the claim is more likely to succeed than not, they will submit it to the third party (Defendant) outlining the alleged fault and the reasons for your potential compensation claim. The Defendant will have
To support your claim, it is beneficial to:
- Check for CCTV footage
- Take photographs of the scene, with measurements, if necessary
- Obtain any accident reports
- Keep all receipts
- Keep and maintain a pain diary
- Keep a record of all appointments attended and mileage to and from those appointments
- Keep a record of any care and assistance that family members or friends have provided
What to Expect During the Claims Process
During the claims process, the defendant acknowledges the claim and conducts its investigations to assess liability.
Your lawyer may ask you to attend a medical assessment with an independent expert to document your injuries, provide an opinion on whether those injuries were caused by the accident, and a reliable long-term prognosis for the future.
If the defendant admits liability and medical evidence has been obtained and your out of pocket expenses (such as loss of earnings, care, private treatment, medication and travel expenses) have been calculated, negotiations for a settlement may commence.
How Long Does the Process Take?
The length of time it takes to receive an offer of compensation in a personal injury claim can vary significantly, depending on the specifics of the case; if your injuries heal quickly and the defendant does not dispute liability, an offer could be made relatively quickly.
However, in more complex cases involving serious injuries, these are likely to take much longer to resolve.
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