Home > Accident Types> Personal Injury Information > Personal Injury Claims

 

Personal Injury Claims

"I was a passenger in a terrible car accident...I had broken my neck and was trapped..."

Read Mark Cook's story and recommendation.

If you or a member of your family is suffering from a personal injury caused by an accident, an illness or a disease caused by the negligence of someone else, our specialist personal injury lawyers may be able to help you claim compensation.

You keep 100% of your compensation

We will not charge you a penny in legal fees

Contact us today on

0800 032 8511

for free claim advice, or by completing a claim enquiry form.

What is Personal Injury?
Causes of Personal Injury
Who Can Be Held Responsible for my Injury?
How Do I Make a Personal Injury Claim?
Personal Injury Claim Procedure
Compensation

How Much Compensation am I Likely to Receive?
Time Limits for Making a Personal Injury Claim
Our Lawyers

Successful Personal Injury Compensation Cases

What is Personal Injury?

Personal injury is the term used to describe an injury sustained by an individual. It is a broad term used for both injuries such as fractures, sprains and lacerations and for illnesses caused by exposure to hazardous substances, like asbestosis or food poisoning.

Whether an injury, illness or industrial disease suffered is relatively minor or very severe, it would still be considered a personal injury. If this damage has been caused by the negligence or breach of duty of another party, the injured person may well be entitled to make a personal injury claim for compensation.

[Back to Top]

Causes of Personal Injury

A personal injury could be sustained in a variety of circumstances, including

Accidents abroad
Accidents at work
Accidents in public places
Accidents on holiday
Accidents on private property
Accidents whilst employed by the MoD
Exposure to hazardous substances
Industrial diseases caused by workplace hazards
Medical negligence
Road accidents
Sporting accidents

[Back to Top]

Who Can Be Held Responsible for My Injury?

It is only possible to make a personal injury claim if another party is responsible in some way for the harm you have suffered. It could be that someone else's negligence caused your accident / illness or that they failed to take reasonable steps to prevent it.

The person or company responsible for your accident could be an employer, a local authority responsible for a defective pavement, the manufacturer of a faulty product or another driver in a car accident for example. In order for anyone to be held liable, it must be shown that they caused the injury or illness either by their actions or their failure to act.

The principle of vicarious liability also applies to employers, meaning that they are responsible for their employees’ negligence. Therefore, if you are injured in an accident at work due to the actions or mistake of a colleague, you may still be able to make a claim against your employer.

In many cases it is clear who is to blame, however in others it is less simple. If it is in any way unclear, the defendant is likely to argue that they are not responsible. The Legal Line’s specialist personal injury lawyers will be able to collate all of the necessary information and evidence to advise on how to reach the best possible outcome in your claim.

[Back to Top]

How Do I Make a Personal Injury Claim?

If you believe that you may be entitled to make a claim for compensation, you should first seek specialist advice from an experienced personal injury solicitor. They can advise you on the best way to pursue your claim, collect all the relevant evidence and calculate the losses you have suffered.

In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence

of that negligence.

In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.

[Back to Top]

Personal Injury Claim Procedure

More often than not, when a personal injury claim is put forward the insurers will negotiate a reasonable settlement figure with your solicitor to bring the claim to a conclusion.

Sometimes however the insurers will try to deny liability, refuse to negotiate or delay the matter. In these instances your lawyer should pursue the case through court proceedings, so long as they feel that the case has a good chance of success.

Dependent upon the circumstances, including the response from insurers, injuries sustained etc, a personal injury claim can either be concluded in a matter of months or take a year or more.

For further information on the claims process, see our questions answered page.

[Back to Top]

Compensation

There are two elements to a compensation award made in a personal injury claim.

The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to go shopping, continue with hobbies, walk the dog or drive). The award for loss of amenity can be for a short period after an accident or forever if that is what the medical evidence supports.

Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the accident had never occurred. This may include an amount for loss of earnings, costs of treatment and so on. It is important to keep receipts for any expenditure you have related to your personal injury so that these can be reclaimed.

In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations.

If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor, firefighter or police officer, an extra amount may be awarded for loss of ‘congenial employment’. These awards are made in recognition that some jobs provide greater rewards than monetary benefits alone, such as the satisfaction gained from providing a service to the public. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.

If a person is fatally injured, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income and contribution to the household in the form of future losses.

[Back to Top]

How Much Compensation am I Likely to Receive?

The details of each case are assessed individually, as a number of factors affect the amount of compensation awarded in a personal injury claim. These include the extent of the injury, recovery period, any loss of earnings, other losses related to the injury (for example medical expenses and care costs) and whether or not the victim was partially to blame.

Awards made in previous claims of a similar nature are used as a guideline however, together with general guidelines from the Judicial Studies Board. Our ‘How Much’ section provides further information and you can find details of previous settled cases in our news and success stories sections.

[Back to Top]

Time Limits for Making a Personal Injury Claim

For most personal injury cases, there is a time limit within which any claim must be brought. This is known as the limitation period. For those over the age of eighteen, this period is three years from the date of the accident, for children the three year period begins on the date of their eighteenth birthday.

If this period expires and no proceedings have begun, the case will become what is known as ‘statute barred’. This rule comes from the Limitation Act 1980.

It is always advisable to seek legal advice at the earliest opportunity, when events are still fresh in your mind and information is easily available. Pursuing your case may be more difficult if the accident occurred a long time ago. Your lawyer will also need a certain amount of time to compile the necessary evidence in order to begin proceedings, so it is important not to leave it too late.

There are certain circumstances under which a personal injury claim may be made after the normal limitation period has expired. Most industrial disease victims only suffer symptoms and  develop illness many years after exposure to a hazardous substance. In these cases the ‘date of knowledge’ becomes relevant, so the date when a person was diagnosed or realised that they were suffering from an illness is the date that the three year period begins.

If a claimant dies within the basic three year limitation period, it becomes extended to three years from the date of their death. This is to make it possible for bereaved relatives to make a claim on their behalf.

For patients under the Mental Health Act 1983, the time period does not begin until they cease to be a patient under the act and their legal incapacity is removed.

The court is also able to extend the basic three-year limitation period at their discretion under section 33 of the Limitation Act. They only do so very rarely after examining a case and taking all the circumstances into account.

[Back to Top]

Our Lawyers

At The Legal Line, our lawyers are experts in all areas of personal injury, clinical negligence and industrial disease cases. They have a wealth of experience in recovering compensation for the victims of accidents and can provide specialist claim advice and guidance.

Our news and success stories sections have details of successful compensation claims made by our lawyers on behalf of injured clients and information on matters relating to personal injury.

You can also follow these links to articles about just some of the many personal injury cases that our specialist lawyers have pursued:

Night club owner liable for attack on firefighter - A firefighter left with brain damage after an assault by a night club bouncer recovered £25,000 compensation from the club's owners with help from our lawyers.

Compensation Awarded to Victim of Clinical Negligence - This case involved a surgical error during a gall bladder removal operation, causing damage to the claimant's bile duct.

Accident Compensation for Personal Injury Caused by Cardiff City Council - Following a fall caused by a poor ground surface, our lawyers assisted a lady in claiming compensation for serious injuries to her arm and hand.

Accident Compensation for Employee injured on Granada TV Production - Dangerous working conditions caused a workplace accident that left an employee with fractures to his elbow and kneecap.

Accident at Work Compensation Awarded to Back Injury Victim - Our lawyers recovered £37,500 damages for a man injured at work due to poor manual handling procedures.

Compensation for man paralysed in car accident - A £2.5m settlement was reached for a man who suffered severe spinal injuries in a road traffic accident.

Successful Occupational Deafness Claim for Yorkshire Butcher - Our solicitors recovered £5,000 compensation for a man whose hearing was hearing was damaged by unacceptable levels of noise at work.

Compensation Claim for Driver’s Whiplash Injury - Following a car accident, our client suffered whiplash injuries.  He was awarded £2,000 in damages.
Man Injured in Fall From Ladder at Work Receives £90,000 Compensation - The claimant was left with a permanent injury and loss of movement in his wrist following an accident at work where he fell from an unsecured ladder.

£4,000 Compensation for Pedestrian Knocked Down on Zebra Crossing - After he was knocked down by a car and suffered knee injuries, this claimant was unable to work for two months.  Our lawyers helped him to recover compensation.

Compensation from the Ministry of Defence and Ford for Mesothelioma Victim’s Family - This client worked with asbestos lagging for both Ford and the MoD, which caused him to develop mesothelioma later in life.  Our lawyers secured over £50,000 damages on behalf of his family.
Pub Doorman Causes Customer Personal Injury - A lady suffered a laceration to her ear when a bouncer forced in the door of a toilet cubicle she was occupying.

£42,500 Damages for Victim of Skiing Accident Caused by Negligence - A teacher suffered a fractured tibia in an accident on holiday, when her skis were improperly fitted at a hire shop.

Compensation for Council Employee Injured by Badly Fitting Work Boots - This claim was for plantar fasciitis caused by unsuitable protective footwear.  The story was also reported by Workplace Law Magazine.

[Back to Top]

Successful Personal Injury Compensation Cases

Below you will find brief accounts of examples of some personal injury cases that our specialist solicitors have handled on behalf of the innocent victims of injuries and illnesses:

1. Our lawyers recover £3,400 damages for driver injured in road accident on a dual carriageway.
2. Claim for employee's knee injuries, following a slip on oil at work.
3. Technician injured at work due to lack of correct equipment recovers compensation.
4. £9,750 compensation for our client's neck injuries, caused by the collapse of an improperly constructed marquee.
5. Successful claim for serious back injury results in a settlement of £140,000.
6. Care assistant awarded £40,000 compensation for accident at work.

• Road accident involving stationary vehicle: Our client was injured in a road accident whilst on her way home from shopping.  She was proceeding along a dual carriageway, when she noticed that she had a puncture.  As there was no hard shoulder available she moved as far to the left as possible and put on her hazard warning lights.
  
  After checking the puncture, the claimant got into the passenger side of her vehicle and was sitting with the door open and one foot on the ground to make a phone call.  It was at this point that another vehicle collided with the rear of her car.
  
  The claimant suffered both physical and psychological injuries, including pain down her left side, bruising, headaches and flashbacks of the accident, making it difficult for her to drive again.
  
  Initially the insurers made an offer of compensation of £2625, which was rejected and proceedings were issued.  Our lawyers were eventually able to recover £3,400 damages for the claimant.  She said: "May I take this opportunity to thank you on behalf of my husband and myself for the hard work and effort you have made to bring this to a satisfactory conclusion."

[Back to List]

• Accident at work caused by leaking oil: A man suffered knee injuries when he slipped on some oil that had leaked from underneath compressors, whilst working on an oil platform in the North Sea.  The injury was not of a very serious nature, however the claimant was worried about his potential incapacity in the future.
  
  Although the incident was not recorded in an accident book, our specialist solicitors were able to prove liability by reference to witness statements, photographs and occupational health records.  They recovered £1,150 compensation on behalf of the injured party.  He commented: "I would like to thank you for the effort and kind consideration you have given me over the past year.  I will not hesitate to recommend you and your company to any of my colleagues who will benefit from your services."

[Back to List]

• Lack of suitable work equipment causes personal injury: Our lawyers recovered £3,000 for a trained technician who was injured at work whilst repairing a vehicle.  He had to reset the pump timing on a Hummer, which is a large, military style vehicle.  This involved removing three bolts from around the pump and in order to do this he had to lay down padding and lie across it to reach inside.  He could only then use two fingers to remove the bolts and pump as the vehicle is very wide and the engine is set deeply.
  
  He had asked his employer whether there were special tools available that he could use for the task, or whether the engine should be removed.  There are modified tools available in the US, however not in the UK and he sustained a personal injury due to the position he had to adopt over the three days that the job took to complete.  The claimant said: "Thank you for all your help in my claim.  I have been pleased with the service I have received."

[Back to List]

• Compensation claim for injuries caused by dangerous marquee: Our client was injured when a marquee collapsed due to scaffolding not being erected properly.  He suffered injuries to his neck, arm and leg.  After making a personal injury claim our specialist personal injury solicitors were able to settle the case before proceedings were issued for £9,750. 
  
  His thank you letter said: "Thank you for the cheque received last week.  The efficiency and thoroughness with which you have handled the case has been exemplary and I would like to express my deep gratitude for all of your assistance."

[Back to List]

• Damages for electrical fitter injured on ferry: An electrical fitter by trade, our client was frequently required to work away from home. On one such occasion he was travelling back to the UK on an overnight ferry. He was seated in a soft covered seat with a low wooden back when suddenly the boat jolted, and he was thrown backwards, landing on the floor, unable to move. He had considerable pain in his back and had to be helped ashore by an employee of the ferry company, the defendant. Our specialist solicitors were asked to represent him in bringing this personal injury claim.
  
  Initially prescribed painkillers and physiotherapy by both the hospital and his GP, when his injuries did not improve, his GP eventually referred him for an x-ray. This showed a fracture of the first lumbar vertebra which causes him lumbar pain, and he also suffers pins and needles in his feet. The injuries to his back have left him unable to walk or drive for more than a few minutes and, unable to use public transport, he is now dependant upon his wife to drive him around.
  
  He did explore the possibility of returning to work on lighter duties but his employer advised that nothing was available. Although treated very reasonably by his employers immediately following the accident, his employment has now been terminated on health grounds. Given his ongoing condition, and his age (late 50’s) he is at a disadvantage on the open labour market.
  
  Because of this personal injury, he is unable to lift anything, has great difficulty getting up both from chairs and lying down in bed, and has to be assisted by his wife. He has been unable to return to his favourite hobbies of golf and bowls and his life has been completely changed by the accident.
  
  Our specialist personal injury lawyers, Thompsons Solicitors, were able to negotiate a settlement of £140,000 in this personal injury compensation claim.

[Back to List]

• Care Assistant left unable to work after she suffered an injury in a clients home: A home care assistant for several years, the duties of our client required her to care for patients in their own home. This involved sometimes moving, handling, supporting or guiding the patient, which falls into the area of manual handling. On the day of the accident at work, our client was attending an elderly lady whom she regularly assisted.

  Our client was assisting the lady to walk to her chair. As the lady was unsteady on her feet, she had difficulty walking and toppled over, pulling our client over with her. Immediately, our client felt pain in her back and has been unable to find any treatment that alleviates the symptoms of this injury at work.

  Following the accident at work, she has not been able to return to her employment and would not be able to carry out the same duties. In constant pain, our client sought advice from a consultant and was advised that it would be unlikely she would be able to return to work as a carer. Some time after she suffered this personal injury, she was retired by her employer on the grounds of ill health and is likely to remain at a disadvantage in the open labour market.

  Although the condition of the patient was well known to the employer prior to this accident at work, she had not been subject to a recent risk assessment, which would have alerted staff to her deteriorating medical situation. A previous assessment had indicated a change in equipment and care required, but these had not been implemented. Nor had any case history on the patient been provided to staff dealing with that patient. No formal system existed for reporting the deterioration of a patient’s condition, and regular meetings to exchange this information had been discontinued due to workload. In particular, no manual handling training had been provided which would have provided guidance on how to manage unsteady patients, or a patient about to fall. The patient was assessed immediately following the accident.

  Because of her continuing disability as a result of the injury at work, the lifestyle of our client and her husband was changed dramatically. Our client is unable to drive for more than a short distance and therefore limited in her social activities. She is unable to participate in previously enjoyed hobbies and relies on her husband to care for her, do any household tasks that she is unable to do, and they have obviously suffered considerable reduction in their financial income.

  Throughout this case, the defendants denied liability and ignored requests for documentation. Their insurers refused to negotiate a settlement and it was necessary to commence court proceedings. However, before the trial date our personal injury lawyers, who specialise in accident at work cases, were able to confirm a satisfactory settlement and secured over £40,000 for our client in personal injury compensation for her suffering and forced change of lifestyle.

[Back to List]

[Back to Top]