How To Claim Compensation For An Injury

By Emily Sirko. Last Updated 4th August 2024. Knowing how to claim compensation for an injury or damage to your belongings can be quite tricky.

We believe that everyone should have access to justice, which is why our panel of solicitors always offer No Win No Fee agreements in every case they take on.

On this page, we’ve included a bunch of resources that you may find useful. They’ll tell you more about how to claim compensation for all different types of subjects.

Remember, if you have any questions, just call us on the number at the top of this page.

how to claim

What Is The Criteria For Making A Personal Injury Claim?

You may be wondering how to claim compensation after suffering an injury that wasn’t your fault. To be able to make a personal injury claim, you will need to prove the following:

  • You were owed a duty of care.
  • There was a breach of this duty.
  • This breach consequently led to you suffering injuries.

A breach of a duty of care causing injury can constitute negligence, for which you could be entitled to claim compensation.

If you have been injured in an accident at work, in public, or in a road traffic accident due to a third party breaching their duty of care, you might be eligible to claim compensation.

To receive an assessment of your eligibility to make a personal injury claim, please contact our advisory team.

How Long Do I Have To Make A Personal Injury Claim?

When you are wondering how to claim compensation, you may also be interested to learn how long you will have to do so.

The Limitation Act 1980 details the personal injury claim time limit, stating that you will generally have three years from the date of your accident to start the legal proceedings of your claim.

However, there are exceptions to this:

  • For a person who lacks the mental capacity to make a claim, the time limit will be suspended. During this time, a court-appointed litigation friend could make a claim on their behalf. In the event that the individual regains the mental capacity to bring a claim forward, they will have three years from the date of this to start their claim if one has not already been made.
  • If an individual is under the age of eighteen at the time of their injury, the time limit is paused until their 18th birthday. Before this date, a litigation friend could make a claim on their behalf. If a claim has not been made once they turn 18, they will have three years to start a claim.

To learn more about the personal injury claim time limit, please get in contact with our team.

Advice On Proving A Claim

Evidence is one of the most important factors when it comes to determining the success of a claim. This applies to all types of cases, from personal injury to data breach.

However, knowing what the best evidence is for your case and how to get it can be tricky. As a rule of thumb, you will generally need to provide evidence that proves two things:

  1. That the defendant was at fault (or liable) for your injuries
  2. That your injuries were caused by the accident or at least contributed to them

To prove the first point, you can look to obtain evidence such as accident report book records, photographs of the scene or cause of the accident, or CCTV footage. Witness evidence from colleagues or anyone who saw what happened can also prove vital. For example, if a colleague at work knew that a machinery was broken and faulty and that led to you suffering an eye injury, their evidence could prove vital.

To prove the second point, it’s important to get medical attention after the accident, especially if you’ve injured yourself. Not only will you get the treatment needed to aid your recovery, you’ll have an entry in your medical records confirming what happened, the harm inflicted, and how severe it is.

If you need any help gathering evidence or would like more guidance on how to claim for an injury or illness, please get in touch with us today on the number at the top of this page.

How To Claim Personal Injury Compensation

Below, you can find some of our personal injury claims guides:

How To Claim Data Breach Compensation

We have lots of guides on claiming data breach compensation you may find useful:

How To Claim Medical Negligence Compensation