Personal injury advice from
Thompsons Solicitors
Can You Make a Personal Injury Claim?
If you or a member of your family is suffering from a personal injury, illness or industrial disease caused by the negligence of someone else, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.
Negligence
Who Can be Held Responsible for a Personal Injury
Making a Personal Injury Claim
Compensation
Our Personal Injury Lawyers
Successful Personal Injury Claims
Negligence
In order to make a successful personal injury claim and be awarded compensation for your injuries, it is first necessary to prove that someone else was to blame (was negligent). There may also be a breach of a statutory provision. Some accidents that are simply that, and could not have been prevented by anyone. In these cases, it is not usually possible to make a claim.
Even if you are partially to blame yourself (known as contributory negligence), you may still be able to claim damages. Your award would simply be reduced proportionately. For example if you were found to be 25% at fault for the accident you would be awarded 75% of the compensation.
Who Can Be Held Responsible for a Personal Injury?
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 road 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 anyway 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 compensation claim.
Making a Personal Injury Claim
It is always important to seek prompt legal advice from a specialist solicitor. They can assist you through every stage of the process and ensure that your case is brought to the best possible conclusion.
Your claim will be made against the responsible party (i.e. the person or company that caused your injury). Most often the claim is put forward to their insurance company, who will negotiate with your solicitor to come to a satisfactory settlement of compensation. In some cases, if liability is denied or both parties cannot agree on a suitable amount of damages, it may be necessary to pursue the case via court proceedings. This will only be undertaken if your solicitor feels that the case has good prospects of success.
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.
Compensation
There are two elements to a compensation award.
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 wash your car, look after your garden, walk the dog). The award for loss of amenity can be for a short period after an accident or for ever 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. It is important to keep receipts for any expenditure you have related to the accident 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 or police officer, an extra amount may be awarded for loss of ‘congenial employment’. 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.
Our Personal Injury Lawyers
The Legal Line's lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of accidents and industrial diseases.
Successful Personal Injury Claims
Our lawyers have handled many personal injury claims successfully. Details of some of these cases can be found below, and also in our news and success stories sections:
- After receiving hospital treatment for injuries sustained in an accident at home, our client was staying at a nursing home for a recovery period. As she was suffering from mobility problems she was supposed to be assisted when moving around, however on the day of her accident she was left unattended and fell whilst making her way to the ladies toilets.
As a result of this nursing home accident, she fractured her hip and had to endure more surgery. Following the accident our client suffered an increased level of physical disability and her family faced greater care costs to meet her requirements. Our lawyers recovered damages on her behalf in the sum of £25,000, to assist in providing the best level of care for the future and compensate her for the pain and suffering she experienced.
Care Assistant Receives Compensation for Burn Injury
Patient Given Incorrect Prescription Receives Medical Negligence Compensation
£32,000 Compensation for Rail Worker Injured in Accident at Work
Lack of Suitable Lighting Causes Accident in Hotel
Injury Claim for Man Who Slipped in Flooded Toilets at Work
Joiner Compensated for Hernia Caused by Accident at Work
Ambulance Technician Injured at Work in Manual Handling Accident
Baggage Handler Injured Due to Faulty Work Equipment
Unsuitable Car Park Surface Causes Accident at Work
Driver Suffers Personal Injury in Collision With Unmarked Skip
Police Employee Compensated for Needlestick Injury at Work
Seriously Injured Cyclist Makes Successful Claim Against Driver
Claim Made Against Waste Company for Fatal Accident
Compensation for Personal Injury Caused by Unsuitable Trolley
Workplace Accident Occurs Due To Lack of Staircase Lighting
Injury Claim for Pedestrian Hit by Van in Car Park
Head Injury Caused by Slip on Wet Floor
Successful
Compensation Claim for Fall In Dangerous Car Park
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Testimonials
"It wasn't realistic for me to work any more and the loss of my income placed an additional strain on us."
Jane Evans
Mother of Rebecca
Personal Injury News
