What is a personal injury claim?

If you have suffered an injury or illness as a result of being involved in an accident that was not your fault you may be entitled to make a personal injury compensation claim.

A personal injury claim is a way for the 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.

At Beacon Law, we are a specialist personal injury law firm; our specialist personal injury solicitors will endeavour to win your case and get you the amount of compensation you deserve.

What are the most common types of personal injury claims?

Road traffic accidents

Road traffic accident claims are one of the most common types of personal injury claims. If you have been involved in a road traffic accident that was not your fault, and have suffered an injury as a result, you may be entitled to start your claim for compensation. In road traffic accident personal injury claims the amount of compensation that the claimant is awarded will most likely be covered by the defendant’s motor insurance company if it can be proven that the defendant was at fault for the accident. Not only will the other driver’s car insurance company cover the cost of any vehicle repairs that are needed, but they will also pay the amount that is awarded to compensate for the pain and suffering that the claimant has suffered as a result of the injuries sustained during the road traffic accident.

Accident at work

If you have been involved in an accident at work, and have suffered an injury or illness as a result, you may be entitled to make an accident at work personal injury compensation claim. Your employer has a duty of care to provide safe work conditions.

If you suffer an injury as a result of unsafe working conditions at your place of work, you have the basis for a claim for personal injury compensation. Accidents that may occur as a result of unsafe working conditions may include slips, trips and falls, falls from height, manual handling accidents, and accidents caused by a lack of training. Your employer also has a legal obligation to provide appropriate training and suitable equipment.

If you have been injured as a result of your employer’s failure to effectively perform their duties, you may be entitled to make a personal injury compensation claim.

Following an accident at work we advise that you ensure that details of your accident are recorded in the accident book at your workplace. In addition to this, it is also important to gather further evidence of the accident, which may include photographs of the accident location and equipment involved, as well as statements from any witnesses to the incident. You should also seek medical attention as soon after the  accident as possible; recording details of your accident in official medical records will significantly strengthen your personal injury claim and will make it more likely that you win your case and get the amount of compensation you deserve.

Slips, trips and falls

It is easy to assume that slips, trips and falls only result in minor injuries being sustained, which is not necessarily always the case. Personal injury claims for more serious injuries, such as broken bones, spinal injuries, or head injuries following slips, trips and falls are very common. The owner of a property has a duty of care to ensure that the premises are safe for visitors. If you had a slip or fall whilst on someone else’s premises you may have a basis for a personal injury claim, provided that the fall was a result of the unsafe state of the premises.

Medical negligence

If you have suffered an injury or illness, whether physical or psychological, due to a medical expert’s negligent treatment you may be eligible to start your claim and make a personal injury compensation claim. An award of compensation in a case such as this will help to cover the financial losses arising from the medical negligence, such as the cost of future treatment, loss of earnings due to time spent off work, and the cost of future medical care if it is needed.

The claims process

During your initial consultation, one of our specialist personal injury lawyers will provide you with expert advice about how to start your claim for compensation. Our personal injury lawyers will ask you for details about the accident that you have been involved in, and the injury or illness that has been suffered as a result.

This information will help our personal injury lawyers to assess the likelihood of your claim being successful. Examples of the 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. Such evidence will significantly strengthen your personal injury claim, and will make it more likely that you win your case and get the amount of compensation you deserve.

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

Personal injury claims can vary in how long they take depending on the type of injury suffered. If the defendant accepts liability, we aim to reach a settlement within 6 – 9 months. This may take longer, however, if the evidence is hard to find, if the defendant is difficult to contact, or if court proceedings are lengthy.

How much compensation could I be awarded?

The amount of compensation awarded will aim to put the claimant in the position they were in before the accident took place. The amount of compensation awarded will therefore depend on the type of injury or illness suffered, as well as the level of pain and suffering that the claimant has had to endure.

Special damages may also be awarded to compensate for any further financial loss that the claimant has suffered as a result of their injury or illness. This could include loss of earnings due to the time spent off work, loss of future earnings if the claimant is left unable to work, the cost of medical treatment, travel costs, and the cost of ongoing care if this is needed.

Due to the complex nature of personal injuries, it may be difficult for our solicitors to provide you with an exact estimation on the amount of compensation you could be awarded. Rest assured, however, that our expert personal injury solicitors will endeavour to win your case and get you the amount of compensation you deserve.

If money is needed to cover any immediate costs, interim payments may be awarded. Interim payments are where a portion of the future compensation amount is paid to the claimant in advance. Interim payments will likely be made in circumstances where the claimant is left unable to work as a result of their injuries. Interim payments may also be made if the claimant is forced to cover immediate expenses following the accident that they were involved in.

What are the time limits for making a personal injury claim?

Before you start your claim, it is important to note that 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 compensation claim. If the compensation claim has not been started by the claimant within three years from the date of the accident, their claim will be time barred.

In other words, the personal injury claim for compensation will be unsuccessful and court proceedings will not commence. As a result of such time limits on personal injury claims, we advise that you seek legal advice from our Beacon Law firms as soon as possible following your accident. This will help to ensure that your compensation claim will not be time barred.

How Beacon Law can assist you

At Beacon Law, we have a team of personal injury solicitors who have years of experience dealing with many different types of personal injury claims. Whilst pursuing a personal injury claim, Beacon Law can be your source of support and will endeavour to recover the amount of compensation that you deserve.

Our law firm values each client that we work with; we listen carefully to our client’s wishes and will work to support you through this difficult time. Our law firms operate on a no win no fee claims basis. By proceeding with no win no fee claims, the financial risk of making a claim is significantly reduced; the claimant will only be required to pay any legal fees if their claim is successful. If you would like to commence with a personal injury claim, contact Beacon Law today on 0330 1332 857.