Personal Injury Claims
Although many victims are aware they can make personal injury claims if they have been hurt in an accident that was not their fault, the accident claims UK process can appear so confusing that even the thought of contacting accident injury solicitors can put people off. Therefore, instead of being paid money to cover damages and assist in their recovery, victims are potentially leaving themselves financially vulnerable as they heal physically and emotionally.
The Compensation Experts transforms accident claims from an apparently arduous process into one which is fast, simple, and efficient. We work with some of the nation’s leading personal injury solicitors and will support and guide you for as long as it takes your claim to settle. You are not alone with The Compensation Experts on your team.
What is a Personal Injury Claim?
A personal injury claim is a legal request to the party responsible for your injury to compensate you financially for your injury and any expenses you have incurred as the result of being harmed. Claims can be made by anyone who has been injured through the fault of another person – either through accident or negligence – even if they were partially responsible themselves.
The variety of types of personal injury claims is enormous and can include:
Accidents at Work
Your employers have a legal obligation to reduce the risk of you being injured or killed at work. This does not only include things like making sure equipment is safe to use, but providing adequate training to educate you about the risks in your workplace, supplying you with relevant safety equipment, and assessing potential hazards at work.
Road Traffic Accidents and Car Accidents
According to official government figures, around 1,800 people die on UK roads every year, with a further 21,500 people receiving serious injuries. You may be able to claim compensation if you have been hurt in an RTA that wasn’t your fault, whether you were a driver, passenger, or pedestrian.
While all sports carry an element of risk, there are occasions where participants are injured due to another player’s reckless actions or due to the negligence of organisers to provide a safe environment in which to play.
A BBC report showed that compensation paid out by the NHS for medical negligence claims has risen from #583 million in 2008 to 1.4 billion in 2016 in England alone. Medical negligence can relate to anything from misdiagnosis to prescription errors and hospital infections.
The Compensation Experts are here to help you make a claim through the Criminal Injuries Compensation Authority if you have been hurt as the result of a violent crime within the previous two years.
Falling ill or being hurt in an accident abroad can be a nightmare. If you are injured in an accident on holiday, you may still be able to claim under one of several laws designed to financially compensate people who have been hurt while on holiday.
If you have been injured in an accident where you were not to blame then you may be able to make a personal injury claim for compensation.
How do Personal Injury Claims Work?
There are four main steps to a successful personal injury claim.
- Initial consultation
- Research and proof
- Making the claim
- Negotiation and payment
The initial consultation beings when you contact The Compensation Experts. Our friendly advisors will talk to you about your injuries and the events which led to them. They will ask a series of questions which will help build a picture of the sequence which led to your injury to see whether there is the potential to make a claim. Some accidents are genuinely nobody’s fault, but where it is likely that another person’s error caused – or even contributed – to your accident, then it is probable you have grounds to request compensation.
Before your personal injury lawyer can request compensation they need to build a body of evidence to prove two things. The first is the nature and extent of your injury. They will review your medical notes to ascertain the type of your injury, the impact it has had on your life, and the prognosis for your recovery. We may seek the opinion of an independent medical advisor at this point, especially if your injuries are extensive and your recovery is ongoing.
Information you can provide which will help your claim includes:
- Photos of the accident site showing the conditions at the time, such as poor lighting, potholes, or paths slippery in the rain
- Contact details of the other party and any witnesses who may have seen or heard your accident
- Evidence of lost income as the result of being unable to work due to your injury
- Bills showing reasonable medical costs like private physiotherapy
The second part of this stage is to demonstrate that the other party was at fault and it was their error, rather than random chance, which caused you harm. The more thorough your solicitor is at this point, the stronger your accident claim will be. Evidence may include anything from photographs of the crash scene, to witness statements, copies of a company’s maintenance schedule, or information from a business’ accident report book. This stage can take several months, but it is important to be thorough in obtaining the maximum possible payment.
Once they have collated the body of evidence necessary to prove your claim, your lawyer will contact the responsible party and ask them to acknowledge responsibility. They will ask for damages not only for your physical injury, but also to compensate for the money you have had to spend as the result of your injuries such as lost earnings, cancelled holidays, private physiotherapy, or travel expenses for ongoing medical treatment.
The other party has a set time to respond with agreement or denial of liability. As with the research, this period can take some time to complete depending on the stance they and their lawyers take, which is why The Compensation Experts will assist to ensure your case is as strong as possible from the outset. Your solicitor will negotiate on your behalf and ask for a figure you have agreed based on your injury and expenses. The other party may pay this straight away, or they may counter with a different offer. Your lawyer will keep you informed and provide you with legal advice, but they can’t accept any offer you are not satisfied with.
If the other party denies liability or feels you may have been in some way responsible, they may refuse to make any compensation payment. In this instance, your lawyer may recommend you challenge the claim in court where a judge can award compensation.
How Long Does a Personal Injury Claim Take?
There is no definitive time in which a claim must be settled. Most personal injury claims must be submitted either within three years of the date of injury, or of the date an injury was attributed to the accident – whichever is the most recent. As a general rule, the less severe the injury and the clearer the evidence, the shorter the claim time will be.
We process hundreds of personal injury claims every year. In our experience, you should expect Road Traffic Accident and Car Accident Claims to settle within nine months. Claims for Slips, Trips and Falls, and Workplace Accidents take a similar time, while Industrial Disease Claims can take around 18 months, and Medical Negligence Claims up to three years.
How Much Compensation Will Be Paid?
As with processing time, it is not possible to predict the exact amount of compensation. It can range from around £800 for a tooth broken from a dangerous tackle on a sporting pitch, to hundreds of thousands of pounds for brain damage sustained by a baby at birth due to inadequate monitoring of the mother.
As well as factoring in the extent of your injury, the long-term implications it has for you, and any financial expenses you have incurred, the other party will also seek to prove if you were partially responsible. For example, if you were injured in a car accident which was wholly the fault of the other driver but your injuries were worse than they would otherwise have been because you were not wearing a seatbelt.
What is No Win No Fee?
At The Compensation Experts, we offer our clients the option of a Conditional Fee Agreement, which is often referred to as “No Win No Fee”*. This arrangement takes away the financial risk of paying a lawyer with no guarantee your claim will be a success. If you are not awarded compensation then, assuming the information you give is correct, and that you accept the legal advice your solicitor has provided, you have no legal fees to pay.
Can I Make a Personal Injury Claim for Someone Else?
It is possible to claim compensation on behalf of another person if they are underage or incapable of making a claim for themselves. This usually happens when a parent claims in the name of an injured child, or an adult child claims on behalf of an elderly relative. A person can also claim on behalf of someone who is mentally incapacitated, either as the result of their injuries or due to a pre-existing condition. In all of these instances, the money is paid to, or held in trust for, the injured party. It is not paid to the claimant.
Personal injury lawyers working with The Compensation Experts can also claim compensation after accidental or wrongful death. These incidences are understandably delicate at what can be an already traumatic time for the victim’s family, however, our experience is that claiming compensation can be a healing process for them as there is legal acknowledgement of responsibility by the other party.
What Else Do I Need to Know?
Personal injury law is a wide field so always look for a solicitor who specialises in your type of injury. At The Compensation Experts we work with some of the UK’s leading personal injury lawyers and will match you with those whose skills and experience best suit your situation to ensure you have every possible chance of obtaining maximum compensation.
You should never have to pay for your initial legal advice. The Compensation Experts provides initial free legal advice which comes with no strings attached so you can talk to our friendly, professional advisors without any obligation.
While No Win No Fee agreements mean you will not have to pay your lawyer’s legal costs if your claim is not successful, you may still have to pay your opponent’s. Legal insurance will protect you from this so talk to your solicitor about your options before making any decisions.
Every claim is unique and just because you may have heard about someone with a similar injury to yours receiving a certain amount of compensation, doesn’t mean yours will automatically be the same. There are so many variables in each case from the circumstances which led to your injury, to the ongoing impact it has on your life, and the commitment and experience of the lawyer you engage.
While there are statutory limits for making personal injury claims (usually three years, though it can vary) you should never feel rushed or pressured into making a decision. It is your life and your future which will be affected and it is important you work with a legal firm who respects that, who makes sure you are kept informed of the progress of your claim, and who doesn’t bombard you with legal and medical jargon so that it seems as if you are speaking in different languages.
What Happens Now?
The first step in making a claim is yours, but once you have contacted The Compensation Experts you can rely on us to be with you for the rest of the journey. Seeking legal advice at the earliest opportunity means you have more time to make the right choice for you and your family, rather than being limited in your opportunity to claim compensation because you have left it too late.
Call The Compensation Experts today and talk to an experienced advisor. Alternatively, fill in our online contact form and we will reply at a time that suits you.
*conditions may apply
Need some help?
Am I eligible?
If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this are for instance industrial disease or if you were a child at the time of the accident you may have a longer period to claim.
How much could I claim?
As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure include: extent of your injuries, earnings missed out on, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be keep up to date every step of the way.
Why should you use us?
No Win No Fee*
We assess all claims on a No Win No Fee basis, then we can determine how successful a claim is likely to be. This service is 100% free.
We assess each claim on its merits with the information provide, which aids us determine its likely success rate.
Our dedicated panel are experts in securing compensation no matter the injury.
Our personal injury solicitors are committed to securing the best possible outcome for you while providing expert support every step of the way.
Personal Dedicated Solicitors
Each client is provided with their own Personal Injury solicitor who will work on the case from start to finish, being there every step of the way. The client will be provided with a direct phone number and direct email address of the solicitor.
Expert personal injury claims solicitors working for you
We specialise in helping victims of injury claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case you don’t pay! Once you make contact, our experienced team will work to recover the maximum compensation you are entitled to.