By Stephen Anderson. Last Updated 15th October 2024. Did you suffer harm in an accident because of someone else’s negligence? Perhaps you have proof that your employer, another motorist or someone in control of a public place failed to adequately safeguard you against harmful risks? If so, you may be wondering what options you have. If so, this guide which explores the personal injury claims process could help.
In this guide, we aim to explain how to claim for the injuries you sustained due to an accident that was caused by someone else’s negligence.
Often after an injury, you may be required to pay out for all the financial consequences the injuries created. However, you could claim back these costs as well as receive compensation for the pain and suffering your injuries have caused you. We will provide further information on this throughout our guide.
For more information, you can:
- Phone 0800 408 7825
- Filling out our online contact form
- Using the live support option below
Select A Section
- How Does The Personal Injury Claims Process Work?
- Working Out Who Is Liable
- Gathering Evidence To Support Your Claim
- Assessing Your Injuries And Getting Medical Care
- Working Out Your Settlement
- What Is The Average Payout Awarded In The Personal Injury Claims Process?
- Start A No Win No Fee Claim
- Learn More About The Personal Injury Claims Process
How Does The Personal Injury Claims Process Work?
A personal injury claim can be made on the basis of someone breaching the duty of care they owed you causing you physical or psychological harm.
There are certain instances where someone might owe you a duty of care. For example, at work, in public and on the road. A part of someone’s duty of care means doing everything they reasonably can to prevent you from experiencing harm.
If you can establish with proof that someone failed to uphold the duty of care they owed you, it could be possible to seek compensation by making a personal injury claim.
You could do this by hiring a solicitor who offers No Win No Fee arrangements. Whilst, you may be apprehensive about the cost of hiring a solicitor, arrangements like this require no fees to be paid upfront.
Furthermore, an experienced solicitor could help you through the different stages of your claim.
For more information on finding the right solicitor for your case, please get in touch with our advisors. Alternatively, continue reading for more information on the personal injury claims process.
Time Limits For The Personal Injury Claim Settlement Process
If you’re looking to start the personal injury claims process, it’s important that you’re aware of the time limits that apply. Generally, you have three years from the date of the incident to start a personal injury claim. This can run from the date of the incident in which you were injured, or the date that you connected your injuries with negligence. The latter is sometimes referred to as the date of knowledge.
There are exceptions to this time limit, however. We have explained these below:
- Child injury claims. If you’re under 18 at the time of the incident, then the 3-year time limit begins when you turn 18.
- Lacking the mental capacity to claim. If you lack the mental capacity to pursue compensation yourself, then the time limit only restarts in the event that you regain the capacity to claim.
In both cases, while you’re unable to claim yourself, a litigation friend can pursue a claim for you. This is someone who you trust to act on your behalf throughout the process of a personal injury claim. For more information on whether one of the lawyers from our panel could represent you in the personal injury claim settlement process, please get in touch.
Working Out Who Is Liable
There are certain pieces of legislation that set out the duty of care employers, road users and occupiers of a public place have. For example:
- The Health and Safety at Work etc. Act 1974 requires employers to do everything they reasonably can to prevent their employees from experiencing harm in the workplace. For example, they could carry out regular checks on equipment to ensure it is safe and fit for its intended purpose.
- The Occupiers Liability Act 1957 sets out the duty of care that the party in control of a public space has to uphold to prevent members of the public from sustaining harm. They must take all reasonable and practical steps to protect public safety and wellbeing.
- In the Highway Code, there are rules and guidance for different road users to follow when navigating the roads.
However, there are instances where someone might fail to uphold their duty of care resulting in accidents that cause harm. Examples of these might include:
- An employer may have carried out a risk assessment of a work area in which they found multiple trip hazards that they failed to address. As a result, an employee may have sustained a fracture in a slip, trip or fall accident.
- A restaurant owner may have failed to comply with food safety and hygiene regulations causing a customer to suffer from food poisoning.
- A driver may have failed to indicate when turning right. As a result, they may have knocked a cyclist off their bike causing them to suffer a severe spinal cord injury, as well as a groin injury.
If you have evidence that someone breached the duty of care they owed you, you could use this to support your case. For more information on the evidence you could obtain, see the section below.
Gathering Evidence To Support Your Claim
As part of the personal injury claim process, it’s important to gather evidence that can support your case. You’ll need evidence that confirms you’ve suffered the injuries you’re claiming for. You also need evidence that shows that another party breached a duty of care they owed you and this contributed to you sustaining your injuries. Examples of the evidence you could possibly obtain include:
- CCTV footage or other types of video footage that shows the accident that harmed you.
- Contact information provided by any witnesses who can give a statement regarding how you were injured.
- Pictures of visible injury symptoms and the accident scene.
- Medical records that provide details on your injuries and what treatment you’ve received for them.
- If you were injured specifically in an accident while at work, then a copy of the report covering the incident in your employer’s work accident book could potentially also serve as evidence.
A personal injury solicitor who is supporting your claim can provide help when it comes to obtaining evidence that’s relevant to your case. If you’d like to find out whether a solicitor from our panel is able to provide their support, get in touch with our team for free today.
Assessing Your Injuries And Getting Medical Care
An important part of the personal injury claims process is assessing your injuries. Medical evidence can be used to determine just how much harm you experienced, including:
- The level of severity
- How your injuries have impacted your quality of life
- Any future implications or prognosis
If you choose to hire a personal injury solicitor, they can arrange a medical appointment in your local area. The results of the appointment can form a current and in-depth report on the harm you have experienced.
Your medical records and the independent report will be used when calculating the compensation payout amount you receive for your injuries.
For more information on the settlement that may be offered, please continue reading.
Working Out Your Settlement
Each claim is assessed based on its individual circumstances, so it can be difficult to provide a definitive estimate of what you could be given. However, generally, each settlement award may consist of:
- General damages: These seek to compensate your pain and suffering caused by the injuries you experienced as a result of someone else’s negligence.
- Special damages: These seek to reimburse the financial losses incurred as a direct consequence of your injuries.
There are various costs you could claim back under special damages, including:
- Loss of earnings
- Additional childcare costs
- Expensive medical procedures, that aren’t available on the NHS
- Travel costs to and from work or hospital
- Adaptations to your home
As part of the personal injury claims process, you should keep documentation that proves the monetary losses you incurred, including receipts and payslips.
What Is The Average Payout Awarded In The Personal Injury Claims Process?
Alongside medical evidence, solicitors may refer to a publication called the Judicial College Guidelines (JCG) when valuing the compensation awarded for your injuries under general damages. It lists injuries and corresponding compensation awards.
The table below provides example entries from the JCG. Please ensure you only use these figures as a guide because your actual settlement will vary.
| Injury | Severity | Example Compensation Award |
|---|---|---|
| Multiple Severe Injuries And Special Damages | Serious | Up to £1,000,000 plus |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Back Injuries | Severe (i) | £111,150 to £196,450 |
| Neck Injuries | Severe (i) | In the region of £181,020 |
| Hip And Pelvis Injuries | Severe (i) | £95,680 to £159,770 |
| Ankle Injuries | Very Severe | £61,090 to £85,070 |
| Wrist Injuries | Loss of Function | £58,110 to £73,050 |
| Leg Injuries | Serious | £47,840 to £66,920 |
| Elbow Injury | Severely Disabling | £47,810 to £66,920 |
| Psychiatric Damage | Moderately Severe | £23,270 to £66,920 |
Start A No Win No Fee Claim
As part of the personal injury claims process, you could hire a No Win No Fee solicitor from our panel to represent you and your claim.
In doing so, you could avoid upfront costs and ongoing fees. Furthermore, there will be no success fee to pay your solicitor if the claim is not a successful one.
If your personal injury claim succeeds, you will pay a success fee which will be taken from your compensation. However, this fee is capped by law. Also, your solicitor will make you aware of the fee prior to claiming.
To find out whether a solicitor from our panel could start working on your claim, get in touch with our team:
- Phone 0800 408 7825
- Filling out our online contact form
- Using the live support option below
Learn More About The Personal Injury Claims Process
Please find some extra resources below:
- Who Is Liable For An Accident In A Public Place?
- How Do I Know If I Have A Valid Claim For Whiplash Injury?
- Do I Get Paid If I Get Injured At Work?
- HSE – Workplace Accident Statistics
- GOV – Compensation After An Accident Or Injury
- NHS – Medical Conditions
For more information on the personal injury claims process, please get in touch with our team using the number at the top of the page.