Guide to Personal Injury Claims.

Many people suffer injuries everyday from accidents at work, or home, or in public places. If the accident wasn’t your fault then you may be able to claim for compensation for the pain and suffering you received, plus any losses from medical expenses or loss of earnings.

With personal injury claims you need to establish that the injury was caused by the negligence of another party such as your employer, another driver or your local council. A personal injury solicitor will help you to put together a claim and present your evidence to the other party’s insurers.

What types of injuries are covered?

If you had an accident at work, for example, because you had inadequate training, or there was a lack of safety equipment, or faulty machinery was to blame, then you should be talking to a personal injury solicitor. Similarly if your employer has exposed you to dangerous substances such as asbestos or latex that has caused you illness, then think about making a claim.

Accidents at home are equally common whether from an appliance that burned you, or a chair that broke under your weight, or injuries resulting from the poor condition of a rented property.

Road accidents are very common, and whether you were a passenger or the driver, providing it wasn’t your fault, then you should consider claiming for any injuries sustained even if it was just whiplash. Injured pedestrians are equally entitled to make a claim if another motorist was to blame.

Injuries are very common in sport, but if you say twisted your ankle or were tackled by another player then you would not be entitled to claim. However if your injury was a result of poorly maintained equipment or playing surface, then talking to a personal injury solicitor may be worthwhile. If you were a spectator and you suffered an injury because the viewing area was not safe enough, then that could also be a case for a claim.

If you were on a package holiday and had an accident as a result of poorly maintained hotel facilities or suffered food poisoning in the hotel restaurant for example then speak to a solicitor.

Basically any injury that was caused by the negligence of a third party can potentially give rise to claim for compensation.

When to claim?

You should make your claim as soon as soon as you feel well enough again. It is advisable to report the accident to the appropriate authority be it the local council, your employer or the owner of the property where the accident took place. If possible try to obtain any possible witnesses and take photographs of the scene showing any hazards or defects responsible. The quicker you file the claim, the easier it will be to remember the events that took place.

In any event, any legal proceedings must be commenced with 3 years of the date of the accident. This is know as the ‘limitation period’ and after this time it will be too late to make a claim. In industrial disease cases such as asbestos the 3 year time limits starts when you first know that your disease is related to the industrial hazard you were exposed to.

How much will it cost to make a claim?

Most personal injury solicitors will not ask you to pay for their fees, nor does it come out of your compensation award. Their fees would normally be a separate payment from the third party themselves or their insurer. Even if the claim is unsuccessful most personal injury solicitors will not make a charge for their services, neither would there be any payments due to the third party’s solicitors.

How much compensation will I be awarded?

The amount of compensation you would receive will depend on the severity of the injury plus the amount of financial loss you have suffered.

It also depends on how badly the injury has affected your life both now and in the future. It looks at the pain you have suffered, and if it has impaired your ability to do things.

The amount of compensation would also cover your loss of earnings since the accident and in the future. Your award will also cover any costs you have made such as treatments, prescription charges, travel expenses to hospitals etc. (remember to keep your receipts). Any specialist equipment needed to support your lifestyle, alternations to property, specially modified vehicles, and any long-term care should all be paid for.

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