Personal injury claims

The time it takes to resolve a personal injury claim depends on the complexity of your case. more Typically, cases involving serious injuries, disputed liability, or multiple parties can take a number of years. Whatever the timescale, we’ll make sure you’re never left wondering where things stand. Our team will keep you updated throughout, and we’ll work to secure interim payments where possible so you can access the support you need while your claim is ongoing.

The majority of personal injury claims are settled before they ever reach a courtroom. Most cases are resolved through negotiation between your solicitor and the other side’s representatives. However, if a fair settlement can’t be reached, we’ll prepare your case for court and represent you every step of the way. Our team will always be clear with you about the likelihood of court proceedings and what to expect if that becomes necessary.

A personal injury claim is legal action taken when you’ve been injured due to someone else’s negligence or carelessness. This could be an accident at work, an incident in a public place, a road traffic accident, or a range of other circumstances. A successful claim can secure compensation to cover your pain and suffering, any earnings you’ve lost, medical treatment, rehabilitation, and other costs that have arisen as a result of your injury. 

It can do, depending on the type of benefits you receive and how your compensation is paid. A lump sum payment could affect means-tested benefits such as Universal Credit. However, there are ways to protect your entitlement, such as placing compensation into a personal injury trust. This is something our team can help you think through as part of your claim, so you don’t end up in a worse position financially. We’d always recommend seeking specialist advice on this before any settlement is agreed.

If you were entirely at fault for your own injury, it’s unlikely you’d have grounds for a claim. However, many situations aren’t straightforward. In some cases, responsibility is shared between more than one party, and you may still be entitled to compensation even if you were partly to blame. This is known as contributory negligence, and it means your compensation may be reduced to reflect your share of responsibility rather than being ruled out altogether. If you’re unsure whether fault affects your situation, speak to our team and we’ll help you understand where you stand.

These are some of the key terms you might come across if you bring a compensation claim:

Claimant: This is the person, making a claim due to being injured and seeking compensation

Defendant: This is the person, company, or organisation you hold responsible for your injury

Duty of care: This is the legal responsibility a person, company, or organisation has to take reasonable steps so that you and others are safe whether you’re an employee, customer, or visitor

Negligence: This is when someone doesn’t fulfil their legal duty of care to a person and that leads to an injury

Damages: This is the personal injury compensation you can claim for the harm you’ve suffered

If you are unsure about any part of the process or want to know more, our team is here to help you every step of the way. We handle everything from start to finish so you can focus on your recovery

There are five steps you’ll take on your compensation journey:

1. Initial consultation: You will discuss the incident with your solicitor and tell them what happened to you. They will let you know your chances of making a successful claim.

2. Evidence gathering: To strengthen your claim, your solicitor will speak to eyewitnesses, medical consultants to confirm the extent of your injuries, and experts to prove your side of the story (for example, health and safety consultants in workplace accident claims).

3. Establishing liability: With a solid body of evidence at their disposal, they are now ready to present your case for compensation. The next step is to contact the defence to set out the details of your claim.

4. Settlement negotiations: Your solicitor will speak with the other side’s representatives to agree on a fair and just level of compensation.

5. Court proceedings: Sometimes, it’s impossible to reach an agreement. In these cases, the solicitor will prepare to commence proceedings to take the case to court for you.

Compensation for a personal injury can range from thousands to over a million pounds.

The compensation for a personal injury is split into two parts: general damages and special damages.

General damages cover the pain, suffering, and changes to your quality of life caused by your injury. The amount you receive is based on Judicial College Guidelines, which recommend different levels of compensation depending on the severity of an injury and the impact it has on a person’s life. So, someone with a minor injury like whiplash will receive less compensation than someone with a serious injury who may need an amputation.

Special damages deal with the financial costs related to your injury. This can include medical bills, physiotherapy, travel expenses, loss of earnings, aid and equipment, prescription charges, if you have had to rely on others to assist you following the accident you can claim for the costs of their gratuitous care they have provided to you during your recover period. It is possible to claim for future losses such as loss of earnings, loss of pension, future medical treatment, future support, future aids and equipment needs If as a direct result of the accident you have suffered a loss and will incur a future expense this is generally claimable subject to support medical evidence.

You don’t need to have everything figured out before reaching out to us. Many clients come to us unsure about what’s happened, whether they have grounds for a claim, or how the process works – and that’s completely normal. Our initial conversation is focused on hearing your story. We’ll take the time to understand your situation, respond to your questions with honesty, and help you see clearly whether you might have a case. There’s no pressure and no fee for getting in touch.