What Could I Do If I Was Injured In An Accident?
This guide could be useful if you have been injured in an accident and are unsure what steps you could take. You may also be wondering if you have grounds to make a personal injury compensation claim.
Our detailed guide will initially examine eligibility criteria for a valid claim. Afterwards, we will take you through legislation outlining the duty of care required of third parties in different spaces.
Evidence that a duty of care has been breached and that this has caused an injury is important to a claim. With this in mind, we will review different forms of proof that help identify third-party negligence. In personal injury claims, this involves harm caused by a breach of duty.
Later in the guide, we will discuss the two heads of claim involved in a personal injury settlement and how these each aim to compensate for the different impact your injuries have had on your life.
We will also cover the benefits of working with a No Win No Fee solicitor from our panel at the end of the guide.
For more information regarding your potential personal injury claim, get in touch our team of advisors. To reach them, you can:
- Call on 020 3870 4868
- Enquire about your claim online.
- Use the live chat pop-up at the bottom of the page.
Select A Section
- Who Can Claim When Injured In An Accident?
- Establishing That You Have A Valid Personal Injury Claim
- Potential Settlements If Injured In An Accident
- How To Make A No Win No Fee Injury Claim
- Learn More About Personal Injury Claims
If you have been injured in an accident, you may wonder whether you have valid grounds to start a personal injury claim. To do so, you would need to prove:
- Firstly, a third party owed you a duty of care.
- Then, they breached that duty of care, causing the accident.
- Lastly, the accident caused you physical or psychological harm.
These criteria are the basis of establishing negligence in a personal injury claim. Therefore, if one or all of these conditions do not apply, there may not be grounds for a claim.
There is also a time limit on starting personal injury claims. According to the Limitation Act 1980, the limit is typically three years from the date of the accident, though some exceptions exist.
Please contact us if you have any questions about the validity of your claim, or the time limit that applies to you. Alternatively, read on to learn about the third parties that owe a duty of care in different spaces, including at work, on the roads or in a public space.
Could I Claim If Injured In An Accident At Work?
Employees are owed a duty of care by their employers in the workplace. The Health and Safety at Work etc. Act 1974 sets out this duty of care for employers, who must take all reasonably practicable steps to ensure employee safety at work.
In some cases, if an employer breaches this duty of care, it could lead to you sustaining harm in a workplace accident. For example, you may sustain a back injury while performing manual handling tasks due to receiving inadequate training.
Could I Claim If Injured In A Road Traffic Accident?
The duty of care for road users is laid out by the Road Traffic Act 1988. It is a requirement for road users to prevent harm to one another when using the roads. The Highway Code gives clear guidance to road users on their responsibilities, as well as rules set in law which state how to navigate roads correctly.
A road traffic accident could occur if a road user breaches their duty of care. This could also lead to another road user sustaining harm. For example, if someone uses their phone when driving, it could result in them crashing into the back of another car at a set of traffic lights, causing the other driver to sustain whiplash.
Could I Claim If Injured In A Public Place?
The Occupiers’ Liability Act 1957 lays out the responsibilities those in control of public spaces have. It states they need to take steps as a way to ensure the reasonable safety of members of the public visiting the space. This is their duty of care.
A breach of this duty could lead you to experience harm in a public place accident. For example, you may be injured in shop accident by slipping on a wet floor that wasn’t adequately signposted or cleaned up in a reasonable timeframe.
To discuss your specific case and find out if you could make a personal injury claim after being injured in an accident, call an advisor on the number above.
Evidence can help show that a third party failed to uphold their duty of care and, subsequently caused you to become injured because of the breach. It can also demonstrate the extent of any injuries. Examples of evidence you can collect if you are injured in an accident can include:
- Video footage of the accident, such as CCTV or footage of a road traffic accident caught on a dashcam.
- Photographs showing the scene of the accident and any visible injuries.
- Contact details for potential witnesses. This is so witness statements can be gathered later on.
- A copy of medical records, including a report from an independent medical assessment that highlights the extent of your injuries.
- Any other official record. This may include a police report or a report from an accident at work book showing that you were injured in an accident.
- A diary which tracks your treatment and any symptoms you have experienced.
If you seek support from a solicitor, they can help you gather evidence to build and strengthen your case. You can speak with our advisors regarding the ways a solicitor from our panel could potentially represent your personal injury claim by calling the number above.
Personal injury settlements can consist of up to two heads of claim. Firstly, general damages compensate for pain and suffering, both physical and mental, caused by the injuries sustained. The level of award will vary based on:
- The nature of the injuries.
- Recovery time.
- Extent of psychological damage caused.
- Any required treatment.
- Overall impact the injuries have on quality of life.
The following table contains guideline compensation amounts from the Judicial College Guidelines. Personal injury solicitors can use these amounts to help them value your injuries. However, you should only use them as a guide because settlements will vary.
|Injury||Severity||Compensation - Guideline Brackets||Notes|
|Injuries involving paralysis||Paraplegia||£219,070 to £284,260||The level of award given can be influenced by factors such as the person's degree of independence, extent of pain, mental state, sexual function, age and life expectancy.|
|Brain and Head||Moderately Severe||£219,070 to £282,010||A very serious disability which is either physical or cognitive and results in the person being substantially dependent on others and needing constant care.|
|Foot||Amputation of Both Feet||£169,400 to £201,490||This type of injury is treated similarly to a below the knee amputation of both legs due to the loss of ankle joint.|
|Back||Severe (i)||£91,090 to £160,980||Damaged spinal cord and nerve roots resulting in severe pain and disability with a combination of other issues, such as significantly impaired bladder and bowel function.|
|Amputation of Arms||Loss of One Arm (i)||Not less than £137,160||One arm is amputated at the shoulder.|
|Leg||Severe (ii)||£54,830 to £87,890||Very serious injuries that lead to the person having mobility issues and a dependence on mobility aids for the rest of their life.|
|Injuries Affecting the Senses||Total Loss of One Eye||£54,830 to £65,710||The level of award given will be influenced by factors such as age, the psychological impact and cosmetic effect.|
|Injuries to the Pelvis and Hips||Moderate (i)||£26,590 to £39,170||Significant hip injury, or injury to the pelvis. However, there is no major disability caused.|
|Neck||Moderate (i)||£24,990 to £38,490||Severe immediate symptoms caused by dislocations or fractures. A spinal fusion may be necessary.|
|Shoulder||Serious||£12,770 to £19,200||Shoulder dislocation, plus brachial plexus damage causing neck, shoulder and elbow pain.|
What Are Special Damages?
The second head of claim that could be included in your overall settlement is special damages, which looks at compensating monetary losses caused by your injuries. For example, if you are injured in an accident, you may have incurred the following costs:
- A loss of earnings.
- Medical expenses.
- Travel costs.
- Home adaptation expenses.
You can keep a record of these losses by gathering receipts and invoices.
For more information on the personal injury settlement you could receive following a successful claim, please speak with an advisor on the number above.
If you have valid grounds to make a personal injury claim with the support of a solicitor from our panel. They can offer to help you collect evidence, build your case and ensure it is presented in full within the relevant time limit.
These services could be provided under a Conditional Fee Agreement, which is a kind of No Win No Fee contract, meaning you would generally not be asked to pay up front or during the case for the solicitor’s services. If the case does not succeed, there would typically be no fee for the solicitor’s services at any point.
In a winning case, the solicitor would collect an agreed-upon success fee from the compensation awarded to you. The success fee is taken as a percentage.
Start Your Claim Today
Our advisors are here to answer any questions you might have after reading our guide. What’s more, they can provide you with a free assessment to determine the eligibility of your case. If it’s valid and you choose to pursue your claim with a solicitor from our panel, an advisor can connect you and work can begin on your case.
However, you are under no obligation to continue your claim with us. As such, if you have any other questions about what to do if you were injured in an accident, please get in touch by:
For more helpful guides from us:
- A guide on how to claim for an accident in a public place.
- Information on whether you need to be an employee to claim for a workplace injury.
- Further guidance on road traffic accident compensation claims.
You may also find these resources useful:
- The Royal Society for the Prevention of Accidents – Fall Prevention
- NHS – First Aid
- GOV.UK – Guidance on taking sick leave.
Thank you for taking the time to read our guide on claiming compensation for being injured in an accident. Please get in touch if you require any further guidance on the personal injury claims process.
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