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What Is a Personal Injury Claim? A Complete Guide

Where There Is a Personal Injury is a podcast by NJS Law delving into the weird and wonderful world of personal injury cases. In this episode, solicitor and director Amanda Nicholson unpacks what a personal injury claim actually is, the different types of claim, the evidence that matters, and how compensation is worked out, whether you’re a claimant, a legal professional, or just curious.

Here’s a full breakdown of the conversation, from the basic definition of a personal injury claim through to time limits, damages, and why so many people still choose to use a solicitor even when they don’t have to.

The Short Answer

What Is a Personal Injury Claim?

At its core, the definition is simple, even if real cases rarely feel that way.

It can happen in circumstances that sound almost implausible until they happen to you, such as a loose sign falling from a shop forecourt.

For a broader look at the claims process, see our Personal Injury Claims service page

What Types of Personal Injury Claim Are There?

Personal injury claims are generally categorised by how and where the accident happened.

  • Road traffic accidents, the most common type, covering cars, motorbikes, bicycles, pedestrians, buses and taxis
  • Accidents at work (employers’ liability)
  • Public liability, such as a trip or slip on a pavement or road
  • Occupiers’ liability, accidents on privately owned property, such as a car park
  • Animal-related claims, such as a collision caused by livestock straying onto the road

Road Traffic Accidents

Fault is the starting point for any road traffic accident claim. Passengers, for example, are generally not at fault simply because they weren’t driving.

Motorcyclists

Motorcycle accidents tend to produce more severe injuries. A common scenario is a vehicle pulling out of a side road into a motorcyclist’s path, or pulling out while the motorcyclist is overtaking.

Minor Collisions

At the other end of the scale sit more minor collisions, such as a rear-end shunt at a junction, which tend to result in less severe injuries like whiplash, backache or shoulder pain. These claims are lower in value but still legitimate.

Car Parks and Private Land

Most road traffic accidents happen on roads covered by the Highways Act, but accidents in car parks can be treated slightly differently. It’s still often possible to claim, but this depends on the circumstances, so it’s worth seeking legal advice if your accident happened on private land.

Accidents at Work

Workplace accidents range from serious incidents, such as falls from height or scaffolding, to more everyday ones, like tripping over something left in a walkway or slipping on stairs that were mopped without a warning sign.

Documenting a Workplace Accident

Reporting the accident matters. It should be recorded in the workplace accident book, and it’s worth asking for a copy rather than assuming a supervisor has logged it. Seeking medical attention as soon as possible is also important.

Public Liability and Occupiers’ Liability

These two categories are often confused, but the distinction comes down to who owns the land.

Public liability claims are commonly trip or slip cases, caused by things like potholes or a raised kerbstone. Occupiers’ liability covers similar accidents but on private land, such as a car park, or other incidents like a loose sign falling from a building, which is often the result of poor or absent maintenance.

Animal-Related Claims

A less common but genuine category involves accidents caused by farm animals straying onto the road, often through a gap in fencing or a gate left open. Farmers have a legal obligation to keep animals secure, and a claim may be possible where that obligation isn’t met.

Pedestrians and Cyclists

Pedestrian accidents tend to result in more extensive injuries, since pedestrians have no protection from a vehicle. These claims can also involve cyclists, and liability isn’t always clear-cut.

In a split liability case, fault is apportioned between both parties, and both may be able to recover compensation, depending on the degree of liability found.

Why Evidence Matters So Much Here

Where liability is disputed, evidence becomes essential.

Police accident reports, witness interviews, and CCTV, including from buses or roadside cameras, can all support a claim. If a claim involves a more severe injury, it’s likely the police will already hold detailed records that can be requested later.

An Example of a Catastrophic Injury Claim

To illustrate the far end of the scale, the episode discusses a case the firm recently settled: a motorcyclist knocked off his bike by a car pulling out of a side road, resulting in a leg amputation.

What drives the value in a case like this isn’t the injury alone, but its far-reaching effect on someone’s ability to live and work as they otherwise would have.

Working out future loss of earnings, particularly for someone young who hadn’t yet established their career, is complex, and expert input is generally required.

Time Limits for Personal Injury Claims

Special circumstances can sometimes allow a claim outside these limits, but they’re the exception rather than the rule. Beyond the legal deadline, acting sooner also helps preserve evidence and keeps witnesses’ memories fresher and more reliable.

For a broader look at the time process, see our Personal Injury Claims Guide

General Damages vs Special Damages

Compensation is split into two categories, each valued differently.

General Damages

Valuing general damages draws on guidelines and case law from previous decisions, which is where a solicitor’s experience matters.

Special Damages

These are the financial losses that can be calculated more precisely, including:

  • Loss of earnings, including lost profit for the self-employed, calculated against what would otherwise have been earned
  • Treatment costs, such as prescriptions or medication
  • Equipment, such as prosthetic limbs, including future replacements
  • Travel expenses, such as taxis to medical appointments if you can’t drive
  • Damaged property, such as clothing

What Documentation Do You Need?

Across every type of claim, one theme comes up repeatedly: proof.

This might include an accident book entry, a GP or A&E record, medical records more generally (to establish what is and isn’t linked to the accident), witness statements, and CCTV footage where available.

Pre-Existing Conditions

A pre-existing condition doesn’t automatically rule out a claim, but it does need to be carefully separated from what’s actually attributable to the accident.

Where an existing condition has been made worse (exacerbated) by the accident, that can also form part of the claim. A medical expert who specialises in medico-legal reports will typically assess this and give an opinion used to help value the claim.

Can You Claim for Psychological Injuries?

Mental injuries, such as PTSD, anxiety or paranoia, can also be compensated, provided the link to the accident can be established.

This usually involves a psychological assessment, particularly where a pre-existing condition needs to be separated from what’s been caused or worsened by the accident. The key practical step is telling your solicitor about it, so a referral can be made to a relevant expert.

What Does a Solicitor Actually Do in a Personal Injury Claim?

The process is often more complex than it first appears, which is where a solicitor’s experience helps: avoiding missed information, making sure you claim everything you’re entitled to, and taking on the burden of dealing with the other side and any insurers.

The episode also references the Ministry of Justice’s online portal, introduced for simpler road traffic accident claims so people could bring a claim themselves without a solicitor, noting that costs aren’t recoverable through that portal if you do choose to use one.

Frequently Asked Questions

Conclusion

A personal injury claim can look straightforward from the outside, an accident, an injury, a claim, but as this episode shows, there’s a lot more to it: the type of claim, the evidence involved, how pre-existing conditions and psychological injuries are treated, and how compensation is actually calculated. If you’ve had an accident that wasn’t your fault, the best next step is simply to get advice as soon as you can.

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