A personal injury claim is a legal process in which a person seeks compensation for injuries sustained due to an accident or incident caused by someone else’s negligence or wrongdoing. This can include physical injuries, emotional distress, or both. Common examples include road traffic accidents, workplace accidents, and slip and fall incidents in public places.

1. Who can make a personal injury claim?

Anyone who has suffered an injury as a result of an accident that wasn’t their fault can potentially make a personal injury claim. This includes accidents that occur at work, on the road, in public places, or even in medical settings.

2.How long do I have to make a personal injury claim?

In the UK, the general time limit to bring a personal injury claim is three years from the date of the accident or from the date you first became aware that your injury was caused by the accident. However, there are exceptions, such as cases involving children or those involving serious injuries. It is advisable to start the claims process as soon as possible to ensure you do not miss the time limit.

3. How much compensation could I receive?

The amount of compensation you can receive depends on the severity of your injury, the impact it has had on your life, and other factors like medical expenses and lost income. Compensation is typically divided into two main categories:

• General damages: Compensation for the injury itself (pain and suffering).
• Special damages: Compensation for financial losses, including medical costs, lost earnings, and expenses incurred as a result of the injury.

We will assess your case to ensure you receive the compensation you deserve.

4. What do I need to prove in a personal injury claim?

To succeed in a personal injury claim, you must prove:

• The injury occurred as a result of someone else’s negligence or fault.
• The other party’s responsibility: The defendant (e.g., a driver, employer, or property owner) was legally at fault in causing the accident.
• The injury caused you harm: This can include both physical injuries and emotional distress.

You will need evidence such as medical reports, accident reports, witness statements, and proof of lost earnings.

5. What is the “no win, no fee” arrangement?

A “no win, no fee” agreement means you don’t have to pay legal fees if your claim is unsuccessful. If we win your case, the legal fees will be deducted from your compensation. This arrangement makes it easier for you to pursue a claim without the worry of upfront legal costs. The maximum success fee deduction is capped at 25%.

6. How long will my personal injury claim take?

The time it takes to settle a personal injury claim varies depending on the complexity of the case and the cooperation of the parties involved. Some claims are settled in a few months, while others may take longer, particularly if liability is disputed or if the extent of your injuries needs further assessment.

We will work hard to ensure your claim is resolved as quickly as possible, while securing the best possible outcome.

7. What should I do after an accident?

If you are involved in an accident, follow these steps:

(a) Seek medical attention: Even if your injuries seem minor, it’s important to get checked by a medical professional.

(b) Report the accident: If applicable, report the accident to the relevant authorities, such as the police or your employer.

(c) Gather evidence: Take photographs of the scene, get witness details, and keep a record of all medical treatments.

(d) Contact a solicitor: Reach out to our expert personal injury department to discuss your case and get professional advice.

8. What happens if I was partly at fault for the accident?

If you were partially at fault for the accident, you may still be able to claim compensation, but your award may be reduced according to the level of your responsibility. For example, if you were 25% at fault, your compensation may be reduced by 25%

9. Do I need to go to court?

Most personal injury claims are settled without going to court. However, if an agreement cannot be reached, we may advise you to take your case to court. This is typically a last resort, and your solicitor will guide you through the entire legal process if this happens

10. How do I start a personal injury claim with your law firm?

If you think you may have a claim for personal injury, we are offering a free, no-obligation initial consultation with Robert Thornton Smith, our specialist in personal injury claims. Robert has been doing personal injury claims for over 35 years for the victims of accident and is a Senior Litigator Emeritus with The Association of Personal Injury Lawyers.  He was also on the Law Society Personal Injury Panel from its inception until 2024.   We operate on a no win, no fee basis, there are no up-front payments needed and you will receive your compensation in full. To take advantage of this offer simply mention this at the point of booking your appointment. For further information please call us now on 01296 424681 or complete our enquiry form.