A Comprehensive Guide to Personal Injury Claims

Accidents can happen at any time. Unfortunately, they can also cause injuries that significantly affect your health, work, and quality of life. When someone else’s negligence causes an injury, you may have the right to seek compensation through a personal injury claim.

In this article, we explain what personal injury claims are, the most common types of claims, how the legal process works, and what you should consider before taking action.

Gather Evidence Early

A personal injury claim is a legal process that allows an injured person to recover compensation when another party’s negligence has caused harm. These claims aim to support recovery by covering the physical, emotional, and financial impact of an injury.

Compensation may include:

  • Pain and suffering
  • Medical treatment and rehabilitation
  • Loss of earnings
  • Ongoing care and support

Ultimately, the goal is to help you move forward with your life following an accident.

Common Types of Personal Injury Claims

Personal injury claims can arise from many different situations. Below are some of the most common examples.

Road Traffic Accident Claims

Road traffic accident claims involve injuries caused by the negligence of another road user. You may be able to claim compensation if you were injured as a:

  • Driver
  • Passenger
  • Pedestrian
  • Cyclist or motorcyclist

These claims often relate to car accidents, motorcycle accidents, and pedestrian collisions.

Workplace Accident Claims

Employers have a legal duty to provide a safe working environment. If you suffer an injury at work due to unsafe conditions, poor training, or faulty equipment, you may be entitled to make a workplace accident claim against your employer.

Public and Occupiers’ Liability Claims

Public and occupiers’ liability claims arise when someone is injured in a public place or on private property. Common locations include:

  • Shops and shopping centres
  • Parks and public spaces
  • Pavements and car parks

In these cases, property owners or occupiers may be liable if they failed to maintain safe conditions.

Serious Injury Claims

Serious injury claims, sometimes referred to as catastrophic injury claims, involve injuries that have a long-term or life-changing impact. These injuries can affect not only the injured person but also their family.

Examples include:

  • Brain injuries
  • Spinal cord injuries
  • Amputations
  • Serious burns
  • Severe medical injuries
  • Fatal accidents

Because of their complexity, these claims usually require specialist legal advice.

The Personal Injury Claims Process

1. Speak to a Personal Injury Solicitor

To begin a personal injury claim, it is advisable to consult a specialist solicitor. They can assess your case and explain the claims process clearly.

2. Gather Evidence

Your solicitor will help collect evidence to support your claim. This may include medical records, accident reports, witness statements, and financial documents.

3. Letter of Claim

Once the evidence is in place, your solicitor will send a formal letter of claim to the responsible party. This letter sets out how the accident occurred and the losses you have suffered.

4. Negotiations and Settlement

The defendant’s insurer will respond to the claim. In many cases, negotiations lead to a fair settlement without the need for court proceedings.

5. Court Proceedings (If Needed)

If a settlement cannot be reached, your solicitor may issue court proceedings. Throughout this process, they will represent your interests and guide you at every stage.

Important Things to Consider

Time Limits

In most personal injury cases, you have three years from the date of the accident to make a claim. However, exceptions apply, particularly for children and protected parties.

No Win, No Fee

Many personal injury claims are funded through no win, no fee agreements, also known as Conditional Fee Agreements (CFAs). This means you usually do not pay legal fees if your claim is unsuccessful, although some disbursements may still apply.

Compensation

Compensation depends on several factors, including the severity of your injuries and the financial losses you have suffered. Awards may cover medical costs, loss of income, rehabilitation expenses, and pain and suffering.

Final Thoughts

Personal injury claims provide a legal route to compensation when injuries occur because of someone else’s negligence. By understanding the claims process and seeking specialist legal advice, you can protect your rights and pursue the compensation you deserve.

Our team has decades of combined experience handling personal injury claims. The NJS Law Personal Injury Specialists are sympathetic, supportive, and committed to achieving the best possible outcome for you.

If you would like to discuss your situation, please get in touch to arrange a free, no-obligation consultation. We are available by phone or email.

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