In this guide, we will look at the eligibility criteria for personal injury claims. In particular, we will look at what a duty of care is, when one could apply, and how a breach in this duty could result in you sustaining injuries.
Personal injury claims guide
This guide will touch upon claims made following accidents at work, on the road and in public spaces. We’ll also look at the time limits that can apply to these claims.
Furthermore, if you’re wondering how much compensation your claim could be worth, then this guide could help. We have included a section looking at how values are assigned to injuries and the potential kinds of damages that a successful claim could attract.
If you have any questions about anything we’ve mentioned in this guide, please don’t hesitate to get in touch. If you have a valid claim, an advisor could connect you with a solicitor.
You can:
- Call us on 0800 073 8802
- Contact us online
- Use our live chat on this page
Jump To A Section
- Eligibility Criteria For Personal Injury Claims?
- Evidence That Could Help You Claim Compensation
- Potential Compensation That Can Be Received From Personal Injury Claims
- Information About The Personal Injury Claim Time Limit
- Our No Win No Fee Solicitors Could Help You Make A Claim
- Read More About The Personal Injury Claims Process
Eligibility Criteria For Personal Injury Claims
A personal injury claim aims to return someone to the position they were in before an accident caused by a breach of duty of care, as much as this is possible. In order for you to claim, you must meet certain eligibility criteria:
- You need to show that you were owed a duty of care at the time and place of the accident
- You must show that the duty of care you were owed was breached through action or inaction
- As a result of the breach, you must have been caused physical and/or psychological injuries
Below, we have included some examples of how an accident could occur as a result of negligence.
Accidents In A Public Place
The Occupier’s Liability Act 1957 sets out the duty of care owed in public spaces. The party in control must ensure the reasonable safety of those who use the space for the purpose intended.
For example, if you were in a public gym and there was a piece of machinery that the staff knew was faulty but did not signpost appropriately, then you could be injured while using this. You could experience a crush injury to your finger and palm.
Road Traffic Accidents
The Road Traffic Act 1988 outlines the duty of care that applies on the road. Road users need to act in a way that prevents themselves and others from being harmed. Furthermore, The Highway Code contains guidance and rules that road users should follow. Some of this guidance is elsewhere backed up in legislation, and so is legally binding.
For example, you could be involved in a car accident where you were hit while travelling on a main road because a car pulled out of a side road when it was not safe for them to do so. This could result in an arm injury and a head injury.
Accidents At Work
Every employer is expected to uphold a duty of care for their employees. The Health And Safety at Work etc. Act 1974 states that employers should ensure, as much as is reasonably practicable, the health and safety of their employees. For example, they should carry out risk assessments and act on the results.
A breach of this duty of care could cause an accident at work. For example, if the wrong cleaning solution was used to mop a floor which meant that it was still slippery when dry, this could result in a slip and fall in which you sustain a back injury.
If you would like an assessment of your claim based on your own circumstances, speak with a member of our team today. If you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
Evidence That Could Help You Claim Compensation
Evidence can be a useful factor in a personal injury claim. You can use it to demonstrate the negligence that led to your injuries. You can also collect evidence that shows the extent of the harm you have experienced.
Below, we have included some examples of proof you could provide:
- Taking photographs of the scene to demonstrate the cause of the accident, and of your injuries to show how you were harmed.
- Requesting CCTV footage that has captured the accident.
- Collecting witness contact details of anyone who saw the incident occur and is willing to provide a statement at a later date.
- A diary of your treatment, symptoms and how your injuries have impacted your quality of life.
A solicitor might be able to help you collect proof in support of your claim. If you would like to see if you could be connected with a lawyer from our panel, speak with a member of our team today.
Potential Compensation That Can Be Received From Personal Injury Claims
If your personal injury claim is successful, you may be awarded a settlement figure that includes general and special damages.
General damages compensate for the pain and suffering that your injuries have caused you. The severity of your injuries and the impact they have had on your quality of life are taken into account when this head of your claim is valued.
Legal professionals, including solicitors, use the Judicial College Guidelines (JCG) to help them assign a value to personal injury claims. The JCG is a publication that contains guideline compensation brackets for different injuries at varying severity levels.
Please note, the figures displayed below aren’t guaranteed. You should only use them as guidance.
| What Is The Injury? | How Severe Is The Injury? | Description Of Injury | Guideline Compensation Bracket |
|---|---|---|---|
| Injury from Brain Damage | Very Severe | Little or no language function with the need for full-time carers. | £282,010 to £403,990 |
| Injury from Brain Damage | Minor | Damage to the brain is minimal if present at all. | £2,210 to £12,770 |
| Back Injury | Severe (i) | Damage to spinal cord and roots of the nerves with severe pain and disability. | £91,090 to £160,980 |
| Back Injury | Minor (iii) | Full recovery without surgery between three months to a year. | £2,450 to £4,350 |
| Wrist Injury | Total loss of function | Inability to use the wrist at all. An arthrodesis may have been done. | £47,620 to £59,860 |
| Wrist Injury | Very Minor | Soft tissue injuries with a full recovery within 12 months. | £3,530 to £4,740 |
| Ankle Injury | Moderate | Ankle instability and limited walking abilities. | £13,740 to £26,590 |
| Ankle Injury | Modest | Fractures and sprains. | Up to £13,740 |
| Finger Injury | Loss of index finger | Complete or partial loss of the digit, or when the finger is disfigured and dexterity impaired. | £12,170 to £18,740 |
| Finger Injury | Minor | Fractures that generally recover within 6 months. | Up to £4,750 |
How to Claim Financial Losses
General damages will always form part of a personal injury settlement; however, you might also receive special damages. Special damages are compensation for past or future financial losses. These losses could include transport costs to attend hospital appointments, care costs, and loss of earnings.
Evidence is an important part of claiming back costs under special damages. For example, if you break your arm at work and have to take a month off, you could provide payslips to demonstrate the impact that this has had on your earnings.
If you’d like to chat with someone about the special damages that could be included in your personal injury claim, then get in touch with our team today.
Information About The Personal Injury Claim Time Limit
The Limitation Act 1980 states that you generally need to start your personal injury claim within three years of the date that the accident occurred. However, exceptions can apply to this time limit. For example:
- Children – The time limit is suspended until after their eighteenth birthday. At this point, they have three years in which to claim. A litigation friend can claim on behalf of the child in the meantime. This is a person that is appointed to pursue the claim on behalf of the child eg. a parent, or a guardian.
- Those who lack the mental capacity to claim – If someone doesn’t have the mental capacity to pursue a claim themselves, then a litigation friend could do this for them, and the time limit is suspended. It resumes if they regain their mental capacity.
If you would like to speak with someone about the time limits that apply to personal injury claims, then get in touch with our team of advisors. They could advise you as to whether any of these exceptions apply to these circumstances.
Our No Win No Fee Solicitors Could Help You Make A Claim
No Win No Fee solicitors offer you a way of accessing the services of a lawyer without paying upfront fees. Further benefits of these agreements include:
- No ongoing fees
- Nothing to pay for the work your solicitor has done if the claim fails
- A legally-limited success fee will be deducted from your settlement if you are awarded compensation.
Don’t hesitate to get in touch with us. We can advise if you have valid grounds for starting a personal injury claim today. If so, an advisor from our team could connect you with one of our lawyers.
Please feel free to get in touch using the details below:
- Call us on 0800 073 8802
- Contact us online
- Use our live chat on this page
Read More About The Personal Injury Claims Process
We have included some links below to more of our guides:
How To Claim For A Fall At Work
Making Car Accident Claims For Whiplash
We have also included the links below that you could find useful:
Here is a guide from the NHS on first aid
The government provides information on how to claim statutory sick pay
Royal Society For The Prevention Of Accidents (RoSPA) provide general guidance on preventing accidents in different situations.
If you have questions about the personal injury claims process, please don’t hesitate to get in touch with a member of our team today.
Writer Laura Swift
Publisher Fern Spall
