Personal Injury Claims FAQ

Are you considering making a personal injury claim, but are unsure about the process, eligibility or the length of time it will take? This personal injury claims FAQ aims to answer all these questions and more.

What makes a successful claim and what evidence do I need?

Each personal injury case is different based on its facts, so we can never guarantee a claim’s success before this is submitted. However, it is the injured person’s responsibility to ‘prove’ their case.

To give your case the best possible chance of success, we would always recommend seeking urgent medical attention following your injury and reporting this immediately to the responsible party in writing.

Where appropriate, obtain witness contact details, take photographs of the accident report, your injuries and any defects, and keep any receipts or other evidence to ensure that this cannot be questioned later down the line.

Do I need to pay anything?

We operate on a no-win, no-fee basis, meaning that if the claim fails due to no fault of your own then you will not need to repay any legal fees. Therefore – rest assured, you will not lose anything financially by pursuing a claim. There are no hidden charges and we do not ask you to pay us upfront.

If your claim is successful, a percentage of your compensation will be deducted to cover our legal fees. The maximum percentage will be discussed with you during our initial conversation with you.

What are the timeframes for submitting a claim?

Generally, if you are an adult and your injury has occurred within the United Kingdom, you have three years to bring a personal injury case from the date of the incident. Any claim made outside of this timeframe is likely to be rejected unless a Court permits this at their discretion.

However, the following exceptions may also apply:

If the claim is on behalf of a child, they have until their 21^st birthday to pursue this.
If the claim is on behalf of a deceased person, the three year timeframe begins from their date of death.
If a person does not have mental capacity, there is no time limit. However, if they regain mental capacity, the three year timeframe begins from the date that this is regained.
Any incident at sea or whilst flying is limited to a two year timeframe.
Any claim involving a breach of human rights is limited to a one year timeframe.
Any incident outside of the United Kingdom may have different timeframes and we would recommend speaking to a solicitor in the relevant country to confirm this.

How much compensation will I receive?

Personal injury claims take into account both a person’s injuries and their financial losses. However, without having a medical report to confirm how long your injury will last and to rule out any contributing factors such as natural ageing, this is impossible to say, as two claimants who suffer the same injury can receive entirely different amounts.

For example, if two people sustain a broken leg but the first does not require surgery and recovers within one year but the second requires multiple surgeries and is left with permanent symptoms, the latter will receive a much higher sum.

In respect of financial losses, sums can be large and can equal or exceed the amount a person recovers for their injury, particularly if their injury is long-lived and they will continue to suffer financial hardship in the future.

Calculations can be complex, so it is important that a solicitor is instructed to ensure that all losses are considered and calculated correctly, particularly as an internet search will not take into account individual factors in a case.

What financial losses can I claim back?

This possibilities are endless and each case does vary on its circumstances. However, common losses can include the following:

Lost earnings (past and future)
Care and assistance (whether it is privately paid or from friends and family)
Additional travel expenses
Damaged clothing or items
Loss of enjoyment on pre-booked trips/holidays
Medication and prescription charges
The cost of additional services (such as a gardener or cleaner)

More complex cases may also consider the following:

Loss of chance (usually an inability to secure a promotion or a job due to your injuries)
Loss of pension
Being at a disadvantage when applying for another job role
Future private medical treatment
Property adaptions

Financial losses can be incredibly difficult to calculate, particularly if a person is self-employed or has serious injuries, so it is important that a solicitor is used to ensure that all losses are included and are calculated correctly.

I was self-employed at the time. Can I still claim?

Yes, provided that the accident was the fault of another company/employee. However, Defendants can attempt to deny responsibility or admit only partial fault in these situations on the basis that the injured person was responsible for their own safety.

Loss of earnings can also be complex in these situations, and usually accounts need to be analysed with an employment expert used in more complex cases. By instructing a solicitor, you can ensure that the best possible outcome is achieved for you.

Do I need to see a medical expert?

Yes, we would strongly recommend attending a medical appointment with a medicolegal expert, as without this it would be very difficult to correctly value your claim.

The expert would need to briefly examine you and they would then prepare a report to confirm your injuries, the timescale for recovery and any future problems which may arise. This appointment would be covered under our no-win, no-fee agreement so you would not need to fund this yourself.

How long will my personal injury claim take?

This is very difficult to predict as every case is different and there can be unexpected twists and turns which can speed up or slow down the process, such as expert waiting lists, early offers or a dispute on liability.

Cases generally take between four months to a year but more complex or fully defended cases can take longer, although we will progress your case as quickly as possible and keep you updated along the way.

Will my claim go to Court?

Unless the case involves a child or a person lacking mental capacity as discussed below, it is very rare for cases to need to go to a Court hearing. Where this is required, it usually involves very complex claims or very occasionally where an agreement cannot be reached regarding liability or the claim’s value.

We understand that many clients are concerned about attending court, so we would of course take all steps to avoid this.

Who compensates me for my accident?

If the company has insurance in place at the time of your accident, the majority of your compensation will be funded by the company’s insurers and the company may just pay an excess fee or pay a higher premium the following year.

Therefore, do not worry if you wish to sue a small business or if they have limited resources, as this will not stop you from claiming or limit how much you will receive.

I’m unsure if the company is insured, can I still claim?

Yes. If your accident occurred whilst at work, your employer is legally required to have adequate employers’ liability insurance in place before recruiting staff members to ensure that they can be compensated in these circumstances. If you cannot find their details, your solicitor can access a database named the Employers’ Liability Tracing Office to locate this information.

However, if it transpires that no insurance is held, you would need to seek any compensation from the company’s assets and finances, which may require a judge to enforce a sale of assets or the company to repay small amounts to you until the debt is cleared.

My company has gone into administration/liquidation. Can I still claim?

Yes. Provided that the company had insurance in place at the time of your accident, you can still claim against this policy, even if the company no longer exists. If the company did not have insurance but still presently has assets, you would join the list of creditors.

However, personal injury claims are usually low ranking creditors so there are no guarantees that there would be adequate funds to compensate you. If you are unsure if the company had insurance, your solicitor can investigate this for you.

Will my employment be affected by my claim?

If you are making a claim against your employers, you legally cannot be dismissed for this reason alone. However, sadly, if a person has worked at the company for less than two years then they do not have the legal right to raise an unfair dismissal case.

This can result in employers tactically sanctioning or dismissing someone for an alternative reason, which can be hard to disprove, such as a reduction in staff numbers, a failure to meet probation targets or a downturn in work.

That being said, if you are injured at work due to no fault of your own, you should not feel guilty or pressurised to avoid claiming as your employer should have insurance to compensate you, so it is very rare for any sanctions to occur.

Am I entitled to full pay due to my accident?

Sadly, even where your accident has occurred at work, there is no automatic right to be paid in full during your absence and this would depend on your contract of employment, with many companies only offering minimal statutory sick pay. However, if your claim is ultimately successful, it is possible to reclaim any lost earnings retrospectively.

Can I receive any money up front during my claim?

Potentially. However, a company’s representatives are unlikely to release any payment unless an initial medical report has been obtained and liability has been admitted by them.

It must also be strongly considered that any early payments must be deducted from any final agreement. For example, if £10,000 was awarded but £1000 was already paid to you, this would leave the final figure as £9000.

Are my employers required to have health and safety practices?

Every company is legally required to keep its staff members as safe as reasonably possible, so as a minimum, companies should incorporate the following measures:

Considering any risks and implementing measures to avoid them
Providing adequate and appropriately fitting protective equipment
Repairing any defects within a timely manner
Keeping the workspace free from any slip/trip hazards
Highlighting any dangers to employees
Providing thorough and regular training to all employees
Regularly inspecting and maintaining premises and equipment

If you do have any concerns regarding your employer’s health and safety practices, please contact us and we can provide advice regarding this.

Will my claim improve health and safety at the company?

Whilst there are no guarantees that a company will change its practices, once a claim has been instigated against them, this is likely to have certain repercussions on them, such as an increase in their insurance premium and an investigation by their insurers.

Usually, companies will wish to prevent this from reoccurring so they may review their policies and implement new health and safety measures, particularly as insurance policies can be very high if a company has a history of claims made against them.

I accepted an offer or vouchers from the company. Can I still claim?

Whilst in most cases vouchers are made as a ‘goodwill gesture’ and do not form a binding agreement, it is important to check the terms and conditions of any amount offered to you regardless of its value as this could be made in ‘full and final settlement’.

If so, this is a binding agreement and you would be prevented from pursuing a personal injury claim, regardless of the value accepted and how severe your injuries become. Therefore, whilst an initial offer can appear attractive, we would strongly recommend instructing a solicitor and obtaining medical evidence as often initial offers are made to reduce the amount paid out by companies rather than to benefit the injured person.

Where a person has been offered a ‘settlement agreement’ to dismiss them following an accident at work, it should be thoroughly checked to ensure it does not prevent any personal injury claims being submitted against the company in the future.

If you are unsure about this, we would recommend speaking to a solicitor who can advise you on your position.

A company is not responding to my claim. What can I do?

Depending on which country your injury occurred in, the type of claim made and the potential value of your injuries, companies can have between six weeks to six months to investigate a case and return with their decision on liability.

If this is not received, an application can be submitted to the Court to request that the company be forced to respond, failing which they would be in contempt of Court which can have serious consequences.

However, if the application was incorrectly submitted, made without following legal procedures or by disregarding any adequate reason for the delay, a judge can reject this and order you to repay the Defendant’s legal fees for handling this.

We would therefore strongly recommend speaking to a solicitor before taking such a course of action to protect your position.

Can I make a claim for my child or a person without mental capacity?

Yes. However, where a child is concerned, any money will need to be placed into a bank account or the Court Funds Office to prevent the child from accessing the money until they reach the age of 18. Where a person is lacking mental capacity, this is ordinarily placed in a trust to ensure that the money is only used for the injured person’s benefit.

As these injured parties are are unable to make any legal decisions themselves, ordinarily, a judge must also approve any compensation to ensure that the amount received is correct. Given the Court paperwork required, we would recommend instructing a solicitor to ensure that all Court paperwork is completed correctly to prevent any delays.

Can I make a claim on behalf of someone who has died?

Yes, provided that this is made within three years of their death. However, it is likely that a grant of probate or grant of administration will be needed and usually the Executor or Administrator named on these documents will need to bring the claim.

This type of claim is not only limited to the injuries or financial losses of the deceased, but it can also include funeral expenses and amounts for those who were financially dependent on the deceased – which can be substantial. In addition, a statutory bereavement award of £15,120 may be considered, which is a set figure awarded where a person has died due to the negligence of others.

Claiming on behalf of a deceased person can be legally complex, so we would recommend instructing a solicitor to ensure that the correct amount is awarded and that all potential Claimants are considered.

Can I claim for an accident abroad?

Yes, in certain circumstances. If your accident occurred within your hotel’s premises, it is possible to bring a claim against the company you booked a holiday with, provided that this was a package holiday.

To meet this requirement, your flight and hotel should be from the same provider. If your holiday was not a package, you would need to sue the hotel directly which will fall under the law in that country.

Alternatively, it may also be possible to bring a road traffic accident claim if it occurred abroad, but this is a complex area and we would recommend speaking to a solicitor to check that you can bring the claim from within the United Kingdom.

Can I make a claim if I contributed to my accident?

Yes. Of course we would attempt to recover 100% of your compensation, but if this is not possible due to your actions contributing to the incident then it is possible to reach a split liability agreement.

This would mean that each party would accept partial fault. By reaching this agreement, your share of the fault would be deducted from any compensation you receive. For example, if you accepted 20% responsibility, you would receive 80% of your compensation at the end of your claim.

Each case does vary on its facts but we would of course ensure that you achieve the best possible outcome for your claim.

Can you take over my claim from another solicitor?

Yes, it is possible to change solicitors throughout your case. We would have a full discussion with you to confirm how your case had been progressed and we would then obtain your file of papers from your previous firm before stepping in and progressing matters for you so you would not need to restart the claim.

Will my compensation affect my benefits?

Usually, if a person receives under £6000, this should have no bearing on their benefits. However, we would discuss your personal circumstances with you at the point of settlement and advise whether you would benefit from a Personal Injury Trust. If so, this would enable you to continue receiving your benefits in full regardless of how much compensation you receive.

Is my compensation taxable?

No. Regardless of a person’s assets or income, any compensation paid is net of any tax deductions.

Do I need to instruct a local solicitor?

No, this is personal preference – but we represent clients from across the country and even internationally. We are happy to communicate with you via telephone, email, letter, WhatsApp or even by video call to make the process as easy as possible for you.

Due to a change in technology, it is now rare for solicitors to need to meet with their clients in person and we always ensure that experts and Courts are instructed in your local area to prevent you from needing to travel long distances.

Why should I instruct Claim Specialist?

Our team has a a wealth of experience in handling a whole range of personal injury matters.

We have no hidden fees, we will keep you updated along the way and we can arrange any private medical treatment or investigations recommended to ensure that you reach the best possible recovery.

News