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“If you or a loved one has suffered injury as a result of another person’s action or negligence, you deserve compensation. This guide tells you all you need to know and
how to make your personal injury claims.”
Personal Injury Claims and Compensation Guide
Accidents of various kinds are bound to happen- be it road accidents, industrial accidents or even home accidents. The impacts of these accidents can range from mild to very severe. While some may survive an accident and recover fully, some may be permanently disabled as a result of the injuries sustained; others may however die.
The injuries or pains from the accident most times are more traumatic when inflicted by another person even if it wasn’t intentional. Therefore, you deserve compensation. The compensation received will be very pivotal in your recovery. It will provide you the financial muscle to access all you need in terms of therapy, rehabilitation, medical care as well as factor any financial losses as a result of the traumatic event.
If your injury or that of your loved one was caused by the negligence or actions of another, our Personal Injury Solicitors can assist you with the legal advice you need and guide you throughout the personal injury compensation claim process ensuring you get the right compensation award.
You can be rest assured that your case will be handled competently by the best personal injury solicitors and on a No Win No Fee basis. Contact us today to begin your claims process.
What Is A Personal Injury?
In the legal profession, the term “Personal injury” refers to an injury, harm or worsened condition caused by the actions or negligence of another person.
Our Personal Injury Lawyers in the UK are willing to listen to you, help you with legal advice and guide you throughout the personal injury claim settlement process ensuring it is smooth and stress-free.
What Are The Types Of Personal Injury Can You Claim For?
There are different types of personal injuries a person can make claims for. These may be injuries caused by medical negligence, traumatic injuries such as brain and spinal cord injuries, injuries from road traffic accidents, injury or harm from food poisoning, industrial diseases, trips and falls as well other injuries sustained at work.
Type of Personal Injury Claims We Deal With
In light of the above, we make available to you best personal injury lawyers including specialist accident injury claims solicitors, medical negligence lawyers, industrial disease claims lawyers and other specialist medical negligence solicitors to handle whatever type of personal injury claims you may have.
At Medical Negligence Direct, we believe that you should not suffer as a result of personal injuries caused by another person neither should your family should suffer as a result of the death of a loved one who suffered one form of personal injury or accident.
Therefore, our personal injury solicitors will assist with the following types of personal injury claims.
- Fatal Accident Claims
- Road Traffic Accident Claims involving Automobile, pedestrians and other forms of transport
- Product Liability Claims
- Accident Abroad Claims
- Accidents At Work Claims
- Slip, Trip And Fall Accident Claims
- Head And Brain Injury Claims
- Amputation Injury Claims
- Spinal Cord Injury Claims
- Orthopaedic Injury Claims
- Chronic Pain Injury Claims
- Industrial Disease Injury Claims
- Psychological Injury Claims
- Sports Injury Claims
- Criminal injuries Claims
Over the years, we have assisted a lot of clients win deserved compensation amounts to help them procure vital assistive and adaptive devices for their rehabilitation; access the needed medical care including therapies; cover for their financial losses due to the injury suffered and access other support they need to make as much recovery possible.
Here are some of our success stories;
£1m Settlement For Road Accident Claims
Our Road Accident Claims Solicitors were able to secure £1m in settlements for a client of ours in 2015 who was involved in a serious motor vehicle accident. His car was hit by a driver who lost control of his car while on a very high speed, went off his lane and hit our client in a head on collision.
Our Client suffered compound fractures and lost both legs as a result. Our client was confined to a wheelchair and lost his job due to restricted mobility.
The family of our client suffered greatly as he was the only source of income for the family. His wife, 2 years prior was diagnosed of late stage cancer and at that point was bed ridden.
Our Client met with us and our Personal Injury Solicitors undertook the case and represented him expertly. We had to twice reject the defendant’s compensation amount proposal (of £400,000 and £800,000) before we settled for £1m after 3years.
Our client was able to access the therapy he needed as he was traumatized after the event. He was also able to get prostheses for both legs which has since improved his mobility. The compensation also covered the financial losses incurred due to the accident.
£50,000 Settlement For Accident At Work Claims
We represented a 50year old woman who sustained injuries after a fall while at work. She worked as a cleaner for a family and was required to be at work at 7am every Wednesday and Saturday. The employers owned and lived in a one-storeyed building with faulty stairs and rusty rails. One had to be very careful while using the stairs so as not to slip and fall.
Our client had on a number of occasions complained to her employers of the difficulty she faced while climbing the stairs but the employers did nothing despite promising to repair the faulty stairs.
On the day of the accident, our client was carrying some boxes downstairs when she slipped and fell. She sustained head and back injuries, fractured her right arm while sustaining other injuries. She was left traumatized after the event and required surgery to fix her arm. She underwent tests and was also kept under close surveillance to determine the extent of her head and back injuries which thankfully were not as badly as initially feared.
Our client recovered quite well although she has to deal with back pains from time to time. She was also psychologically affected such that she had to relocate from her place of residence which required her to use stairs to live in a bungalow. She still has phobia for stairs as it reminds her of the ugly incident.
We helped her by making injury at work claims that her employer had failed to provide a safe place of work despite our client’s several complaints. We settled for a compensation fee of £50,000 which also covered our client’s financial losses incurred and the psychological trauma due to the incident.
Compensation Award Of £450,000 For Injuries And Losses After Car Accident
Our client worked as a delivery agent for a logistics company. On the day of the accident, he was making his rounds when he was knocked off his motorcycle by a car in a road accident. He suffered severe injuries to his legs, a shattered right knee cap, fracture of his tibia and fibula in both legs and a dislocated humerus. Apart from his physical injuries, he was traumatized and was diagnosed with Post-Traumatic Stress Disorder (PTSD).
Our client had to undergo surgeries to reconstruct his knee cap and while he recovered fairly well from his injuries after many months, his present condition meant he couldn’t perform his role as a delivery guy and was relieved of his duties. He was however offered another role by his company but it was a role much lower than his former position. Our client had to accept the role as the impact of his injuries severely limited him and the kind of jobs he can do.
We helped him by arranging for him rehabilitation treatments including physiotherapy, and Cognitive Behaviour Therapy (CBT). These helped him recover better from the trauma of the event he returned to work 2years after the accident in his new role.
£450,000 worth of compensation was awarded to our client, which covered financial losses incurred as a result of the accident, costs of medical appointments, emotional distress and pains.
Compensation Award Of £25,000 For Injuries Sustained After A Fall
A 20year old lady approached us for help in 2019 after she suffered injuries following a fall while at work. She tripped over some loose rugs while running after a colleague raised a false alarm that they were under attack by armed gunmen. She fell awkwardly, sustained a grade III ankle sprain and a dislocation to her wrist.
She spent some months out of work and needed physical therapy to help with flexibility and strength while having to move around with a cast and crutches.
Although the defendant claimed that raising a false alarm wasn’t intentional, we were able to secure £25,000 in settlement to cover our client’s financial loss during the time she was out of work, cost of medications and therapy.
£4.2m Compensation For Spinal Cord Injury Suffered After A Road Accident
Our client was the husband to a victim of a ghastly motor accident. She is a 45year old mother of three and the bread winner of the family.
On the very unfortunate day of the accident, she was driving home from work when she was run into by a drunk driver at full speed. Her car somersaulted several times and was found meters away off the road.
She was unconscious and rushed to the hospital where she spent 5days before regaining consciousness. Tests showed that she suffered injury to her spinal cord which left her paralyzed from her waist down.
She also suffered multiple fractures in her upper and lower limbs as well as haematoma. She was very traumatized and suffered Post-Traumatic Stress Disorder (PTSD). She also lost her job as a result and the family suffered greatly.
Her husband came to us to make serious injury claims against the offender who fared better after the accident. We were able to help the family secure interim payments to help cover for financial needs as well as pay medical bills for the victim. We also helped the victim access rehabilitative care including cognitive behavioral treatment and neuro physiotherapy to help her recover from the trauma of the event. We were able to win the family £4.2M in compensation.
How to Prove Negligence in a Personal Injury Claim
Proving that another person is at fault for your injury can be very dicey and needs to be handled expertly. Your Personal Injury Claims Solicitor will need to demonstrate with evidence exactly how the event actually happened and how the defendant is at fault for the injuries, trauma and pain suffered. Your Personal Injury Lawyer may also need to visit the crime scene personally to find some evidence to help prove your claims.
Evidence that can be used to support and prove a personal injury claim include:
- Victims statements
- Pictorial evidence of the accident scene (clearly showing the injuries sustained, damages to machinery, vehicle or other properties, etc.)
- Witness statements
- CCTV / dash-cam or helmet-cam footage
- Medical reports including CT scans, MRI scans where applicable
- Reports from an independent medical expert in the relevant field that can be used as evidence (in a case of medical negligence)
- Financial evidence of losses incurred
- Police reports
- Accident book
- Accident reconstruction
At Medical Negligence Direct, we will assign to you a personal solicitor who will work closely with you and our team of personal injury claims specialists to see that you claim is presented strongly. We will support you all through the claims process and ensure you are awarded the best possible settlement amount.
5 Easy Step to Making A Personal Injury Claims
We have simplified for you the process of making a personal injury claim. If you still have further questions, please contact us and we will explain further all you need to know.
The process of making a personal injury claim is divided in five broad stages. These are:
The first step towards a successful Personal Injury Claims is to contact us. We will set up a meeting with you at your earliest convenience. We will assign to you a Personal Lawyer who will listen to your story, ask you relevant questions concerning the accident and carefully evaluate the details of your case with our team of Personal Injury Claims Solicitors and determine if you have a valid claim and the chances of winning.
We will also make available to you, necessary documents you will need to fill to start the process. We offer our consultation services for free, so we expect you to contact us as soon as possible.
Gathering Of Evidence And Fact Finding
After we have carefully reviewed the details of your claims, we will assist you gather evidence to support your claim. These may include; Victims statements, photographs, witness statements, CCTV / dash-cam or helmet-cam footage, medical reports including CT scans, MRI scans where applicable, financial evidence of losses incurred as a result of the accident and police reports. We will write to relevant bodies to gather as much evidence is needed to prove your claim.
We will also provide for you an independent medical expert to perform a medical examination on you and give us a report on your injuries and severity as well as prognosis for the future. Where necessary, we will arrange for you any needed medical treatment and rehabilitative care.
Submission Of Claim
After we must have gathered strong evidence to support your claims, we will write a “letter of claim” to the Defendant notifying them of your decision to make a claim against them. The Defendant party will make their investigations and issue a response.
All Personal Injury claims are handled by the ‘pre-action protocol’ which is designed to help Claimants (plaintiff) and Defendants settle cases fairly quickly within set time limits and without the need to issue court proceedings
The response gotten from the Defendant party will determine the next line of action. If they accept liability, both parties will then negotiate the value of your compensation. Several factors such as severity of injury, time frame for recovery, costs of rehabilitative care, past, current and estimated future losses and accommodation costs will be considered while negotiating a settlement fee.
If the defendant denies any wrongdoing, he must provide documents to support this stance while we will conduct further investigations and perhaps present further evidence to counter such claims.
The goal is to ensure that you are well compensated and we will leave no stone unturned to see that this is realized.
However, in the event that both parties are unable to agree on a settlement fee or the defendant continues to deny liability, your case will be registered in a court of appropriate jurisdiction where a competent judge will take charge of the case.
Settlement And Payment
Once settlement is agreed, the defendant will make payments usually within 21 days and we will make your compensation available to you. In a case where a compensation trust needs to be set up for example where the future of your child needs to be secured, we will help you do that.
Over the years, we have made a name for ourselves on being able to secure the best possible settlements for our clients; and in most cases, these are secured out of court.
While paying your compensation award, we will subtract whatever value has been paid to you as interim payments (if this was made) as well as an initially agreed success fee.
How Much Compensation For My Personal Injury Claim?
No two Personal Injury claims are the same. Therefore, the compensation amount you will receive will vary from another. Our Personal Injury Claims Solicitors will give you a range of compensation payout you can expect using the personal injury claims calculator.
Generally, your settlement payout depends on two main factors-
- General Damages- these refer to the severity of the injuries suffered, impact of the injury both now and in the future. The value of compensation to be placed as General damages are determined by medical reports of a medical expert or specialist.
- Special Damages- these cover for other financial expenses or losses incurred as a result of the injury. Special damages cover travel costs for medical appointments, access to rehabilitative care, therapies, cost of mobility aids or other assistive devices, estimated futures costs, accommodation adjustments costs, and loss of earnings.
The table below gives you an idea of what to expect if you or a loved one has suffered any of the underlisted injury types as a result of another person’s action or negligence.
|TYPE OF INJURY||COMPENSATION AMOUNT AND REMARKS
|Less severe brain damage- up to £36,740
Very severe brain damage- up to £344,640
|Post-traumatic stress disorder||Compensation amount up to £85,880|
|Facial injury||Up to £32,540 depending on the severity and ability to recovery fully|
|Injuries to the eye||Total blindness and deafness- In the region of £344,640
Complete loss of sight in one eye-£42,030 to £46,780
Minor eye injury- £3,370 to £7,460
|Back injury||Back injury causing chronic permanent symptoms- up to £65,440
Severe back injury with spinal cord damage- up to £151,070
|Neck injury||Minor neck injury- £6,680
Severe neck injury- up to £139,210
|Whiplash||From £2,090 to £6,730|
|Amputation of arms||£82,040 for a single arm to £255,930 for both arms|
|Severe arm injury||£82,040 to £111,690|
|Injury to the pelvis and hips||Compensation values up to £111,690 for severe long-term problems|
|Leg injury||Leg fractures from £7,780 to£23,680
Leg injuries causing permanent damage- £46,780 to £77,040
Loss of legs- £83,590 (for one leg) to £240,590 (for both legs)
|Injury involving paralysis||Temporary paraplegia- about £42,090
Paraplegia between- £186,890 to £242,490
Tetraplegia or quadriplegia- from £276,940 to £344,640
|Injury to internal organs||Range of compensation between- £10,750 (for mild injuries) Up to £157,150 (for very serious and severe injuries)|
|Chest injury||From £3,370 to £128,060 depending on the type and severity of chest injury|
|Chronic pains or limitation of physical activities||Compensation values between £12,700 -£20,620|
|Breathing difficulties||Requiring use of an inhaler- £26,710 to £46,780|
|Infertility||with no desire to have children- £5,630 to £10,750
without medical complication- £15,320 to £31,350
caused by disease with depression- £98,010 to £144,520
|Impotence, loss of sexual function and sterility||£36,700 to £66,890- for a middle-aged man with children
£131,290- for a young man
|Lung cancer||For the elderly- £59,730 to £83,050
For a young person- £85,880 to £115,940
|Asthma||£4,390 to £56,100 depending on the severity and prognosis|
|Asbestos-related disease||low respiratory disability- £12,860 to £32,780
significant respiratory disability- £32,780 to £90,300
|superficial scars not to the face||Compensation values from £89,440 and above|
NHS Negligence Claims Time Limit For Personal Injury Claims
Personal injury claims have a time limit within which claims must be made. This is usually set at 3 years from the date of accident. However, it is advisable that you make your claim as quickly as possible when the events are still clear before certain vital evidence will either be destroyed or altered.
Beginning your claims process early enough also gives your solicitor ample time to prepare adequately to present the best possible case for you.
Exceptions to the rule
- Where the accident involves a child, they have until their 21st birthday to make a claim.
- Cases involving Marine and Aircraft Accidents, or Criminal Injuries have a 2-year limitation period
- In cases where the victim is incapacitated and unable to make a claim as a result of the impact of the accident, the 3-year rule will be relaxed.
No Win No Fee Personal Injury Lawyers
At Medical Negligence Direct, we undertake most of our personal injury cases under our no win no fee costs policy. This means that if in the unfortunate scenario that you lose your case, you won’t pay us a penny. Therefore, we encourage you to come speak with us to assist you make that claim today.
Contact A Specialist Solicitor Today For A Free Claim Assessment
Call Us Today On: 0800 644 4240
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Frequently Asked Question about Personal Injury Claims
Are Personal Injury Claims Taxable?
Absolutely not! Personal injury claims are not taxable. The government cannot tax you on whatever you have earned in compensation for injuries inflicted on you by the actions of another. Settlement amounts received are not to be included as part of income.
How Are Personal Injury Claims Calculated?
Every case of personal injury claim is unique and so will have a compensation award different from another case. Calculating the value of payout can be complicated and depends on several factors including financial losses incurred, severity and impact of the injury on your daily life and ability to carry out basic activities. The personal injury claims calculator can give you a range of what you can expect.
How Can I Fund For My Personal Injury Claims?
There are different funding types for your personal injury claims. They are as follows:
- Legal Aid
- Legal Expenses Or Before The Event Insurance (BTE)
- Conditional Fee Agreements (CFA) or No Win No Fee Agreements
- Trade Union Funding
- Private Funding
Our Personal Injury Lawyers will assist you evaluate your claims, explain to you the available funding types and help you choose which one is most suitable for your claims.
How Long Does It Take To Get A Compensation Offer?
The time frame for settling personal injury claims is not fixed. It largely depends on how straightforward or complex your claim is. If the defendants accept liability readily and a compensation fee is readily agreed, your claim can be settled in a matter of months. In the event where the reverse is the case, it might take a year or two to conclude.
Will I Need A Medical Examination To Prove My Claim?
Most often, your solicitor will call upon an independent medical expert who specializes in the field of interest to perform medical examinations on you and give a report which will be used as part of your evidence. This report is also crucial to negotiating a deserved compensation amount. The report will include the type and severity of injury you suffered prognosis and what kind of treatment you will need.
Can I Make A Claim After 3 years?
While the normal time limit for making claims is 3years, there are some exceptions. These include cases involving a child where a claim can be made until the child’s 21st birthday.
Furthermore, if the victim is mental incapacitated or unable to make the claims with the time frame, the 3-year rule may be set aside.
Should I Accept The First Offer Made By The Defendant?
Unless advised by your legal representatives, you should not accept the first settlement offer made by the defendant or insurance company.
How Do I Begin My Personal Injury Claims?
The first step to take to start a personal injury claim process is to contact your lawyers who will explain to you all you need to know, give you legal advice and guide you throughout the claims process.
Do I Qualify To Make A Personal Injury Claim?
If your injury was caused by another person’s action or negligence, you may be entitled to make a personal injury claim.
Our Medical Negligence Solicitors are ready to listen to your, provide answers to your questions, evaluate if you have a valid claim, and guide you every step of the way to ensure you get the right compensation.