Can I Claim for Personal Injury?

Can I claim for personal injury?

Accidents and injuries happen every day; you can sustain an injury or illness almost anywhere, at any time. It may be difficult, however, to know whether or not you are entitled to bring an injury claim for compensation. Whether the injuries suffered are minor injuries or more severe, you may be entitled to claim compensation if the accident was not your fault.

If you or a loved one has suffered an injury as a result of an accident and you have been left wondering, ‘can I claim for personal injury?’, get in touch with one of our specialist personal injury solicitors to discuss your potential personal injury claim. As a family member of an injured party, you may be entitled to claim on behalf of the injured person.

 

What is a personal injury claim?

Personal injury claims are a way for a claimant to recover compensation for the loss that they have suffered as a result of their injury or illness. For example, compensation may be given to make up for the pain and suffering caused by the injury. Damages may also be awarded to compensate the claimant for any financial loss that they have suffered as a result of the accident that they were involved in. This could include loss of earnings or the cost of medical treatment.

Common types of personal injury claim

Road traffic accidents are one of the most common types of personal injury claims. If you have suffered an injury as a result of being involved in a road traffic accident that was not your fault, you may be eligible to claim compensation. If you have suffered a whiplash injury in a road traffic accident, you may now be required to submit your claim through the government portal Official Injury Claim.

Even if you were partly at fault in the accident, you might still be able to start your claim; the amount of compensation awarded may be reduced, however, to reflect your own contribution to your injuries.

Accidents at work are another common type of personal injury claim. Every employer has a duty of care to ensure that the workplace is safe. Employees must be provided with suitable training and equipment to ensure that they are safe from injury or illness whilst at work. If you have sustained an injury due to the negligence of an employer or the actions of a colleague, you have the basis to start your claim for compensation.

Injuries sustained as a result of slips, trips, and falls in public spaces are another reason to make a compensation claim. Such accidents are a very common occurrence and can cause serious injuries. In most instances, such accidents could have been avoided had the correct safety procedures been followed correctly in the first place. If you suffered an injury as a result of a slip, trip, or fall, and the necessary safety measures were not in place, you may be entitled to claim compensation.

Medical negligence claims are another common type of personal injury claim. If you have suffered an injury, whether physical or psychological, due to a medical expert’s negligent treatment, you may be eligible to take legal action and make a personal injury claim. The injury suffered as a result of the medical negligence could be through a new injury being sustained or an existing medical condition being made worse.

Negligence and Causation

For a personal injury claim to be successful, the claimant must be able to prove that the defendant was negligent, and that this negligence caused the injury or illness.

Someone will be found to have acted negligently if they have done something wrong or have failed in their duty to exercise proper care. If the defendant was negligent, you have grounds on which to make a personal injury claim.

Not only must the claimant prove the defendant’s negligence, but they must also be able to prove that the defendant’s negligence was the main cause of the accident, which then led to their injuries.

If you can prove both of these things, you will be able to claim for personal injury.

Identifying the defendant

To claim for personal injury, you must be able to identify whose negligence caused your injuries. In other words, you must be able to identify who the defendant is. To be legally liable for your injury or illness, the defendant must have owed you a duty of care; they must have had a legal duty to take reasonable care to ensure your safety. Examples of this include where an employer has a duty of care to ensure the safety of their employees in the workplace, or where a doctor has a duty of care towards their patients.

What are the time limits on a personal injury claim?

There is a strict limitation period on any type of personal injury claim. Before beginning the claims process, it is important to ensure that your claim has not been time barred. There is a three year time limit, starting from the date of the accident where the injury or illness was sustained, in which the claimant must begin their personal injury claim for compensation. If the compensation claim has not been started within three years from the date of the accident, it will not be possible to start a claim.

What is the claims process?

If you are within the three year time limit, are able to identify the defendant, and prove negligence and causation, you will be able to start your claim for compensation on a no win no fee basis.

During your initial consultation, your personal injury lawyer will ask for details about your accident and injuries suffered. Examples of other relevant information that our lawyers may ask for include: the location, time and date of the accident, the nature of the injuries suffered, details of witnesses who may have witnessed the incident, details of the defendant, and the circumstances surrounding the accident.

During these initial stages of your claim, it is vital that you gather the relevant evidence to support your claim for compensation. Relevant evidence may include CCTV footage of the incident, medical records, photographs of your injuries, and witness statements.

The defendant will then be notified about your claim, after which point, they will need to decide whether they accept liability for your injuries. If the defendant accepts liability, negotiations for a settlement fee can commence. If the defendant denies their liability, court proceedings may follow.

Your personal injury lawyer may ask that you undergo a medical assessment carried out by medical experts. As the claimant, you must prove that you have genuinely been injured and that such injuries were caused by the defendant’s own wrongdoing. Attending medical appointments and producing a detailed medical report will help to prove both of these things.

How Beacon Law can assist you

With years of experience, our specialist personal injury solicitors will provide you with expert legal advice and support you through every stage of your official injury claim. We endeavour to maximise the success of every claim and strive to make the claims process of bringing a claim for compensation as swift and uncomplicated as possible.

If you’ve suffered injury as a result of someone else’s negligence or breach of duty and have been left thinking ‘can I claim for personal injury?’, please call us today on 0330 1332 857 to start your claim or complete our contact form at the top of the page to request a call back.