Frequently Asked Questions For Personal Injury Compensation
Do you have questions about making a claim for personal injury compensation? This guide takes you through key topics on the subject. As well as eligibility criteria for claims involving personal injuries, we’ll also be taking you through what evidence could help support your claim, how much compensation you could receive, and more.
In order to claim personal injury compensation, it’s essential that you demonstrate that a breach in duty of care caused you to be injured. We will take a closer look at the eligibility criteria for claiming and the duty of care that applies in different circumstances.
The No Win No Fee solicitors on our panel may also be able to assist you with your claim for personal injury compensation. If you have questions at any point, please get in touch with our advisors for free guidance. You can reach out on a 24/7 basis using the following details:
Select A Section
- Am I Eligible To Make A Personal Injury Compensation Claim?
- What Injuries Could I Claim For?
- What Evidence Do I Need To Make A Claim?
- How Much Personal Injury Compensation Will I Receive?
- Speak To Our Team About Making A No Win No Fee Claim Today
- Related Personal Injury Compensation Claim Guides
In order to claim personal injury compensation, you need to establish that you were owed a duty of care. The party that owes you a duty of care could vary depending on your circumstances.
Next, you must be able to prove that whoever owed you this duty of care did not uphold it. Finally, the breach needs to have caused your injury. In tort law, a breach of duty of care that results in an injury is known as negligence.
We’ve included some additional information in the sections below that are more specific to the duty of care owed in certain settings. If you have any questions about your specific claim, you can get in touch with our team of advisors.
Check If You Could Claim For Road Traffic Accidents
Road users owe one another a duty of care. This means they must act in a way that avoids accidents which could lead to injury. This is set out by The Road Traffic Act 1988.
These laws are also used to inform The Highway Code. The rules and guidelines within the Highway Code should be followed by all road users
To give an example of negligence on the road, a driver may cause a car accident due to not obeying the speed limit. This could cause them to collide with a vehicle that has stopped at a junction because they don’t have enough time to do so.
Check If You Could Claim For Accidents At Work
As per The Health and Safety at Work etc. Act 1974, all employers owe their employees a duty of care. Employers must uphold this duty by taking all reasonably practicable steps to prevent injury to their employees.
For instance, some roles in the workplace require training in order to carry out safely. If you are not given this training, then you could become injured. This is an example of employer negligence.
Check If You Could Claim For Accidents In A Public Place
Those responsible for a public space owe visitors a duty of care. This is enforced by The Occupiers’ Liability Act 1957. The party in control of the space must ensure the reasonable safety of those who use it for the intended purpose. For example, they should remove hazards that can be removed and provide signage for those that cannot (such as high steps).
For example, a slip, trip, or fall could occur due to a spillage in a supermarket that staff were aware of but did not take any steps to signpost or clean up. This could result in a broken knee and injury to the pelvis, for example.
There are various injuries that could form the basis of a personal injury claim. This list is not exhaustive, so don’t worry if you don’t see your injury represented.
- Broken bones – Depending on the kind of accident, you could sustain fractures to almost any part of the body. While some fractures completely heal, others may entail ongoing issues.
- Head injuries – Brain damage can lead to a serious impact on someone’s life. It could affect their personality, memory and senses. In some cases, it could cause physical injuries like paralysis.
- Neck/back injuries – This could include broken bones, injuries to ligaments and spinal cord damage.
- Cuts/lacerations – As well as the pain and discomfort caused, there could also be scarring which could cause an ongoing psychological impact.
If you want to know more about whether you could be entitled to compensation for your injuries, get in touch with our advisors today. If you do have a valid claim, you could be connected with a No Win No Fee lawyer from our panel.
To support a personal injury claim, you should consider gathering and presenting evidence. Different circumstances may present different opportunities for supporting proof. However, we have included a short list below containing some helpful examples.
- Video footage – CCTV footage may act as proof that negligence caused your injuries. For instance, the incident itself may have been captured. In the context of a road traffic accident, dashcam footage may also be helpful.
- Medical reports – If you seek medical attention, this will show up on your medical records. Not only can this be used to support your claim, but also to aid legal professionals in the valuation process. You may also be invited to attend an independent medical assessment as part of the personal injury claims process. This can also be used as evidence.
- Witness contact details – This is so that they can provide a statement
- Photographs – Take photos of the hazard that caused your injury. You could also document any physical injuries you’ve sustained.
To find out more about gathering evidence to support a claim for personal injury compensation, get in touch with our team today; our advisors are ready and waiting to help you.
The aim of personal injury compensation is to restore you to the position you were in before your injury. Due to this, every claim is unique and is valued on an individual basis.
Your settlement can be made up of two heads of claim. The first is known as general damages. This figure is calculated by legal professionals to account for the pain and suffering caused by your injuries. During their calculations, they use a number of resources to assist them. Medical evidence is used, as well as a publication called the Judicial College Guidelines (JCG).
The JCG is made up of guideline compensation brackets for various injuries with a range of severities. We’ve included some example extracts in the table below, but these should only be used as a guide.
Figures Take From The JCG
|Paralysis||(a) Quadriplegia - Paralysis of the lower part of the body.||£324,600 to £403,990|
|Head/Brain||(a) Very severe - Little response to environment and full-time nursing care will be required.||£282,010 to £403,990|
|Arm - Amputation||(a) Both arms lost.||£240,790 to £300,000|
|Arm - Amputation||(b) (ii) One arm lost - Amputated above the elbow.||£109,650 to £130,930|
|Arm||(d) Forearm fracture of a simple nature.||£6,610 to £19,200|
|Sight||(b) Total blindness.||In the region of £268,720|
|Neck||(a) Severe (iii) - Dislocations, fractures, or soft tissue injury that cause lasting and chronic disability.||£45,470 to £55,990|
|Spleen||(a) Complete loss with an ongoing risk of internal infection.||£20,800 to £26,290|
|Finger||(j) Fracture of the index finger.||£9,110 to £12,240|
|Shoulder||(e) Clavicle fracture.||£5,150 to £12,240|
The second head of claim is known as special damages. The figure is awarded to cover the financial impact of the accident in which you sustained your injuries. Examples can include:
- Loss of earnings
- Travel costs
- Medical expenses
- Additional care
It’s important that you have evidence to support these losses and expenditures. Otherwise, they may not be fully reimbursed. Payslips and receipts are useful examples of proof you could provide.
Whether you want to make a personal injury claim against your employer or someone else, the lawyers on our panel could assist you. They all offer their clients a form of No Win No Fee deal known as a Conditional Fee Agreement (CFA).
When working with a lawyer with a CFA in place, they take a legally capped percentage from your settlement in the event of a successful claim. However, if the claim fails, they do not take this fee from you. This makes working with legal help less risky from a financial standpoint, when compared to working with a lawyer who does not operate under a No Win No Fee agreement.
Start Your Claim Today
Get in touch today to find out more about your personal injury compensation claim. Remember, our advisors are always available to answer your questions and offer free advice. If they deem your claim to be valid, they may be able to connect you with a No Win No Fee solicitor from our panel. However, you’re under no obligation to begin a claim.
We’ve included some additional links below on the subject of personal injury compensation and related topics.
More guide from us:
- Fatal accident compensation claims
- Find out how long it takes for compensation to come through
- Read about the time limits for an accident at work claim
Information from external sources:
- Government information on litigation friends
- How do I know if I’ve broken a bone? – An NHS guide
- Statutory Sick Pay (SSP)