Personal injury is the legal term used when someone has been physically and/or psychologically harmed as a result of someone else’s negligence. For example, you may suffer a personal injury if travelling in a car, as either a driver or a passenger, and you’re hit by another vehicle.

A personal injury solicitor uses a legal process to recover financial compensation for any injury or harm suffered where someone else is to blame; either fully or partially. This area of law allows you to claim legal remedies for all losses you have faced as a result of the accident.

Some of the types of personal injury we help people claim for include:

• Serious injury
• Road traffic accidents (including pedestrian, cyclist, motorbike and passenger accidents)
• Accidents or illness abroad (including holiday accidents and food poisoning)
• Accidents at work
• Medical negligence
• Accidents in public places (slips, trips and falls)

How long will my claim take?

Each case is different, and the amount of time your claim will take depends on you and your recovery. It isn’t possible to provide a definite timescale.

For a guideline, straightforward road traffic accidents could take approximately 6-9 months. However, workplace accidents and slips and trips can take longer.

It is important to wait until the full extent of your injuries has been made clear before making your final claim; otherwise, the amount of compensation you receive will not be comparable to the injuries you have suffered. Personal injury claims involving serious and complex injuries can sometimes take several years due to the complexity of issues and the time required to assess the true value of the injuries.

The time frames are also dependent upon the defendant admitting liability and not raising other issues in respect of the claim. If liability for the accident is admitted promptly, and your injuries are not life-altering, your claim could be finalised within a few months. However, if the other party denies fault, the claim will take longer.

How long do I have to make my claim?

Generally, a person has 3 years from the date of their accident/injury to make a personal injury claim; or court proceedings must have begun within this period. This is called the limitation period.

There are some exceptions to this, which our personal injury solicitors would be able to advise you on. For example, for a child, the limitation period begins on their 18th birthday, and there is no limit for anyone who does not have mental capacity.

We would strongly advise contacting us as soon as possible after an accident, allowing as much evidence to be persevered as possible, to help your case.

Will I need to attend a medical appointment?

It is normal to have medical appointments, to gain a fair and reasonable insight into the extent of your injuries. By doing so, it can ensure you get the maximum amount of compensation you deserve.

I haven’t been to my GP or hospital – can I still claim?

Yes, but given that you have not sought any medical attention your injuries may be seen as minor. Talk to our personal injury solicitors and we’ll let you know whether we believe you have a case.

I’ve had an accident at work, will I get sacked if I make a claim?

Your employer is legally obligated to have Employers’ Liability Insurance, which covers the cost of claims like this. So, you shouldn’t worry about damaging their business by making a claim.

It is the legal responsibility of your employer to keep their workers safe and free from risk. It’s also illegal for them to discriminate against you for making a compensation claim.

Any claim made should not, in any way, have an impact on your right to work or make work-life intolerable. If you believe your employer is likely to retaliate, or you have fallen victim to unfair dismissal, our employment law solicitors would be able to advise you on your rights.

How much compensation can I claim?

Probably one of the most common questions asked by clients when first enquiring about a personal injury they have suffered, is ‘how much compensation am I entitled to?’ Or ‘how much is my claim worth?’

It’s incredibly hard to say how much compensation you are entitled to following an accident, as compensation is based on your pain, suffering and loss of amenity. Due to the different circumstances this is based on, it means no two claims are the same, and all are treated individually.

To get a better idea of how much compensation you can claim, it helps to know how a claim is calculated. Different factors must be considered when making a compensation calculation. This is not always straightforward, especially if you’re suffering from an injury. The main factors to be considered include the severity of your injury and any mental and emotional repercussions of the injury. The compensation received is usually proportional to the extent of the injury that has been suffered; generally meaning the more severe the injury, the higher the amount of compensation expected to be received.

The value of the claim also depends on how long your suffering lasts, and what additional treatment is required to bring you back to full health. This is what your overall compensation will be based on, your full recovery. At an early stage is hard to tell how long you will be suffering and if you will make a full recovery.

We need to make sure that we have reached the stage when you don’t suffer any more or we know that your condition will not change. Otherwise, the amount of compensation you receive will not be comparable to the injuries you have suffered.

As well as compensation for your injury and suffering, you are also entitled to claim for other losses you have had in relation to your accident. Such as:

Loss of earnings

If your injury means that you cannot work, then you can claim for the loss of income. Your personal injury solicitor would need to consult with a medical professional to determine how much recovery time you would require, and how long until you could return to work.

Travelling expenses

Following your injury, you may face extra transportation costs which you wouldn’t normally have. These might include journeys to doctors, hospitals, and recovery treatments (e.g. physiotherapy). But also, can include expenses for a mode of transport you wouldn’t normally use. For example, if an injury means you can no longer get around by walking and you have to pay for an alternative, (i.e. public transport/taxis). All these costs can be counted and claimed back, as an out-of-pocket claim.

Medical costs

During your recovery, depending on the severity of your injuries, there are likely to be medical costs. You may need medical examinations and treatments to help with your recovery. You are entitled to claim back any costs of private treatments you’ve had to pay for. This is also relevant for any prescribed or over-the-counter medication you’ve had to get to manage symptoms from your injury.

Impact on your personal life

If your injury means you miss out on a holiday or planned trip, you can claim if you were unable to get a refund.

Damaged property

During an accident, many different items can be damaged, from clothes and phones to vehicles. If this is the case, you can claim for the cost of replacement or repair. In the case of damage to your vehicle, claims may be covered by your insurance; however, the excess which is often payable can be recovered from your opponent.

As you can see it’s almost impossible to tell “how much compensation you will get” up front, as there are many things that can have an impact on your claim. There are rules in place to aid valuations, known as Judicial College Guidelines, which courts, insurers, and solicitors are encouraged to use. Judicial College Guidelines are used to determine injury compensation, but there is no way to predict these without a thorough assessment.