Personal Injury

    Personal Injury Claims: Get the Compensation You Deserve

    Here at No Win No Fee we don’t accept that an accident is something from which you should just walk away, grateful to still be alive. If you’ve suffered an injury that was caused by someone else’s negligence, you’re paying a price for their failings. The only way to combat this unfairness is to make the responsible party pay, by claiming compensation, and restoring the balance of justice.

    What is a personal injury claim?

    If you’ve been injured through no fault of your own, you might be wondering what steps you can take to seek justice and compensation. If it’s a simple accident then fair enough, these things happen.

    However, if a third party is at fault you shouldn’t be left to suffer and attempt to cope on your own. A personal injury claim is your legal recourse to hold the responsible party accountable and pursue the financial compensation you deserve.

    By filing a personal injury claim, you can take action against those who caused your injuries and seek damages for the losses you’ve endured e.g. medical expenses, lost wages, pain and suffering, and other related costs.

    What type of personal injury accidents can I claim for?

    When it comes to personal injury claims, there is a wide range of accidents and incidents that can potentially lead to a claim for compensation. While the possibilities are vast, some of the most common types of accidents that often result in personal injury claims include:

    Slips, trips or falls

    These accidents can occur in various settings, such as public places, workplaces, or private properties. For example, you slip on a wet floor in a supermarket, trip over uneven pavement on a sidewalk, or fall due to inadequate safety measures at a construction site.

    Car accidents

    Motor vehicle accidents are a frequent cause of personal injury claims. Whether you were a driver, passenger, or pedestrian, if you’ve been injured in a road traffic accident caused by someone else’s negligence, you may be eligible to make a personal injury claim.

    Injury caused by defective products

    If you’ve been injured due to a faulty or dangerous product, you may have grounds for a personal injury claim against the manufacturer, distributor, or retailer. Defective products can range from malfunctioning electronics to hazardous household items.

    Medical and dental negligence

    When medical professionals fail to provide an appropriate standard of care, resulting in injuries or worsening of existing conditions, you may have a case for a medical or dental negligence claim. Examples include misdiagnosis, surgical errors, medication mistakes, or dental malpractice.

    Criminal injury

    If you’ve been physically or emotionally harmed as a result of a criminal act, you may be able to seek compensation through a criminal injury claim. This typically involves incidents like violent crime, including assault, robbery, or any other criminal offense that caused you harm.

    Accidents at work

    Workplace accidents can happen in any industry or occupation. Whether you work in an office, construction site, or a retail store, if you’ve been injured due to unsafe working conditions or employer negligence, you may be entitled to file a personal injury claim.

    What type of personal injuries can I claim for?

    Just as the specific circumstances of an accident can vary vastly, so can the actual effects of the personal injury sustained. For some, it may be a short term inconvenience of minor injuries, while for other people, following a more serious accident, it may lead to life changing injuries.

    Some common types of personal injuries that may qualify for a claim include:

    • Physical injuries: These encompass a broad range of bodily harm, such as broken bones, sprains, burns, lacerations, head injuries, spinal cord injuries, internal organ damage, and any other harm that affects your physical well-being.

    • Emotional and psychological injuries: Personal injuries aren’t limited to physical harm alone. Emotional and psychological injuries can also be valid grounds for a claim. This can include conditions like post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health disorders resulting from the incident.

    • Whiplash and soft tissue injuries: Whiplash is a common injury that occurs due to the sudden jerking motion of the head and neck, often seen in road traffic accidents. Soft tissue injuries refer to damage to muscles, tendons, and ligaments, which can cause pain, stiffness, and limited mobility.

    • Life changing injuries: These are severe injuries that have long-lasting or permanent effects, significantly impacting your quality of life. Examples of serious injury include traumatic brain injuries, spinal cord injuries leading to paralysis, amputations, severe burns, and other life-altering conditions.

    • Workplace injuries: If you were injured on the job, you may be eligible for compensation. This includes injuries resulting from accidents, exposure to harmful substances, repetitive strain injuries, or occupational diseases caused by unsafe working conditions.

    • Medical malpractice injuries: If a healthcare professional’s negligence, such as misdiagnosis, surgical errors, medication mistakes, or birth injuries, has caused you harm, you may have a valid claim for medical malpractice.

    Can anyone make a personal injury claim?

    You may be wondering, “Can I really make a personal injury claim?” The answer is yes, you can!

    Making a personal injury claim isn’t reserved for just a select few – it’s a right that extends to anyone who has suffered due to someone else’s negligence or wrongdoing.

    If you find yourself in this unfortunate situation, know that you have a voice, the power to seek justice, and the right to pursue compensation. The law is on your side. You deserve to be heard, understood, and supported throughout the process.

    Do I have to pay to make a personal injury claim?

    No, when you make a claim through No Win No Fee, you will not have to pay any upfront costs. It won’t cost you anything to seek the compensation you rightfully deserve.

    There is NO financial risk to you pursuing a claim.

    The personal injury solicitors we partner with all operate on a “no win no fee” basis, also known as a “conditional fee agreement.” Under this agreement, your solicitor will only charge a fee if they successfully win your case and secure compensation for you. This will be NO MORE than 25% of your compensation. If your claim is not successful, you won’t pay a penny.

    Before proceeding with your claim, your solicitor will discuss their fee structure with you. They will explain the details and any potential costs involved, ensuring that you have a clear understanding of the financial arrangements, before you go ahead with the claim.

    Do I need a personal injury lawyer to make a personal injury compensation claim?

    Absolutely not.

    You are free to pursue compensation alone and without legal assistance. If you choose this route, be sure to look into the specific laws that revolve around personal injury cases like yours. Also, make sure you have evidence of the personal injury and evidence that the injury was not your own fault.

    Why use personal injury solicitors to help you claim compensation

    Personal injuries can be overwhelming, especially for first-time victims. A physical injury at work, medical negligence, or even a slip and fall accident can be life changing. Whether your personal injury is physical, mental or emotional, you deserve compensation.

    Unfortunately, navigating the world of personal injury claims alone is often daunting and stressful. Seeking compensation for lost wages, resulting medical bills, and personal suffering is tricky without professional guidance. That is where personal injury lawyers come into the picture.

    There are three great reasons you would want to work with a personal injury lawyer:

    1. They have experience. Personal injury lawyers have years of experience working with people just like you. They know exactly how to turn your claim into compensation.
    2. They have knowledge. They know all about UK personal injury law. There’s no reason for you to study legal procedures or laws that affect your claim.
    3. They care. Personal injury lawyers choose to specialise in this field. They have a genuine interest in helping injury victims who cannot help themselves.

    How the personal injury claims process works

    The personal injury claims process typically involves the following steps:

    1. Consultation: You begin by seeking a consultation with a personal injury solicitor. During this initial meeting, you’ll discuss the details of your case, including how the injury occurred, the extent of your injuries, and share with them any supporting evidence you have.
    2. Investigation: Once you decide to proceed with the claim, your solicitor will investigate the circumstances surrounding your injury. This may involve gathering evidence, such as medical records, accident reports, witness statements, and any other relevant documentation.
    3. Liability assessment: Your solicitor will assess liability, determining who is legally responsible for your injury. This evaluation helps determine the strength of your claim and the likelihood of success.
    4. Claim preparation: If liability is established, your solicitor will assist you in preparing the claim. This involves drafting a formal letter of claim detailing the nature of your injuries, the impact on your life, and the compensation you are seeking.
    5. Negotiation and settlement: Your solicitor will engage in negotiations with the opposing party, typically their insurance company, to reach a fair settlement. They will advocate on your behalf, aiming to secure the maximum compensation possible for your injuries and losses.
    6. Litigation (if necessary): In some cases, if a fair settlement cannot be reached through negotiation, your solicitor may advise taking the claim to court. They will guide you through the litigation process, representing your interests and presenting your case before a judge.
    7. Resolution: Once a settlement is agreed upon, or if you win your case in court, you will receive the compensation awarded. The amount will depend on various factors, including the severity of your injuries, financial losses, and other relevant factors.

    What makes a personal injury claim successful?

    The key factor in ensuring a successful personal injury claim is proving that someone else was responsible for causing your injuries. This requires establishing the legal concept of “liability,” which means showing that the other party was negligent, careless, or intentionally caused you harm.

    You do this by providing evidence, such as medical records, accident reports, and witness statements, that clearly link the incident to the injuries you sustained. Additionally, you’ll need to demonstrate how your injuries have affected you i.e. the impact your physical injuries have had on the quality of your life, any financial losses such as lost earnings, and emotional distress, is crucial for a successful claim.

    How much personal injury compensation can I claim?

    This is one of the most common questions personal injury lawyers receive. While there is no definite answer, the question is still an extremely important one.

    Knowing how much personal injury compensation you can claim is often how you determine whether the entire process is worth the hassle. And trust us it is. Claiming compensation can actually be risk-free and painless. With options such as no win no fee claims, personal injury law is a very reasonable and affordable option for UK victims.

    But back to now much you could receive. This will depend on two things:

    1. Extent of your injury

    The extent of your pain and suffering plays an important role in determining how much compensation you can claim. Ask yourself some of the questions a judge would ask.

    • Was the injury life-threatening?
    • Will the injury heal over time?
    • How common is the injury?
    • How much pain and suffering resulted from the injury?

    The answers to these questions are not always simple and straightforward. That is why the extent of your personal injury can greatly influence the amount of compensation you receive. Someone who endured a life-threatening brain injury is likely to receive more compensation than someone who endured whiplash.

    1. Length of time

    The length of time of your injury and your suffering plays another important role in determining how much compensation you can claim. Someone who is unable to work for six months is likely to receive more compensation than someone who is unable to work for three weeks, for example.

    The Judicial College Guidelines provide general guidance for what you might expect to receive, for various injuries sustained. All amounts are within a range:

    • Hand Injury: £500 – £117,000
    • Whiplash Injury: £750 – £2,550
    • Nose Fracture: £1,000 – £1,400
    • Body Scarring: £1,300 – £8,200
    • Sight Injury: £1,300 – £235,000
    • Brain or Head Injury: £1,300 – £165,500
    • Hernia Injury: £2,000 – £14,000
    • Hair Damage: £2,300 – £6,350
    • Severed Finger: £2,300 – £3,450
    • Spleen Injury: £2,550 – £15,250
    • Ankle Injury: £3,300 – £40,750
    • Forearm Fracture: £3,800 – £11,200
    • Asbestos Injury: £4,000 – £74,000
    • Loss of Hearing: £4,300 – £81,500
    • Back Injury: £4,575 – £58,500
    • Front Teeth Injury: £5,100 – £6,600
    • Leg Injury: £5,350 – £79,000
    • Elbow Injury: £7,375 – £32,000
    • Knee Injury: £8,150 – £56,000
    • Severe Toe Injury: £8,150 – £11,200

    Why use No Win No Fee for your personal injury claims

    Over the years, the act of seeking compensation for a personal injury case has gained something of a bad reputation, due mainly to disreputable companies who either pursue unjustified claims or promise unachievable and unjustified results.

    That is not the way we work. We don’t think of compensation as being a quick and easy way of cashing in. The only claims our partners handle are those wherein an innocent party has genuinely suffered due to someone else’s negligence.

    In cases such as this, when you have suffered physical pain, trauma, psychological distress, not to mention a huge inconvenience, seeking a fair and proportionate payment is the very least you can do.

    Navigating the legal landscape can be overwhelming, especially when you’re already dealing with the aftermath of an injury. Which is why at No Win No Fee, we specialise in connecting individuals like you, with specialist personal injury lawyers.

    Making a personal injury claim can seem daunting, but when you call, you’ll speak with a fully trained legal advisor who will listen to your story, empathise with the pain and suffering you’ve endured, and analyse the circumstances surrounding your injury. If they believe you have a claim to make, they’ll partner you with a specialist law firm who will take on your case on a no win no fee basis.

    FAQs about personal injury claims

    What is a no win no fee personal injury claim?

    Most expert injury lawyers work on a no win no fee basis, which means you don’t have to pay any legal fees upfront to make a claim for compensation. If your claim is unsuccessful, you will not have to pay anything to your lawyer.

    How long will the claims process take?

    Unfortunately there is no simple answer here.

    The duration of the personal injury claims process can vary depending on various factors such as the complexity of your claim, the severity of your injuries, and the cooperation of all parties involved.

    In straightforward cases where liability is clear, and your injuries are relatively minor, the claims process can conclude within a few months. This includes gathering evidence, such as medical records and witness statements, negotiating with insurance companies, and reaching a settlement agreement.

    However, in more complex cases involving severe injuries or disputed liability, the process can take much longer. It may require more extensive investigations, consultations with medical experts, and potentially even litigation if a fair settlement cannot be reached.

    Additionally, external factors such as court schedules, the backlog of cases, and the willingness of the opposing party to cooperate can also impact the timeline.

    Are there time limits to bring a personal injury claim?

    Yes, there are time limits, known as statutes of limitations, to bring a personal injury claim in the UK. These time limits vary depending on the type of claim and the circumstances surrounding it.

    In general, the standard time limit for personal injury claims is three years from the date of the incident, or from the date when you first became aware of your injury. However, there are exceptions and variations to this rule.

    For example, if the injury occurred during childhood, the three-year time limit may not start until the individual turns 18. Additionally, in cases involving industrial disease or medical negligence, where the symptoms may not become apparent immediately, the time limit may start from the date of knowledge or diagnosis.

    It’s essential to be aware of these time limits and take legal action within the prescribed time-frame. Failing to do so may result in your claim being time-barred, meaning you will lose your right to seek compensation.

    If I make a personal injury claim against my employer, will I lose my job?

    In a word, no.

    Employers have a legal obligation to provide a safe working environment and take reasonable steps to prevent accidents and injuries from happening. Therefore, if you make a personal injury claim against your employer, it is illegal for them to retaliate against you by terminating your employment or subjecting you to unfair treatment. Such actions would be considered unfair dismissal which is prohibited by employment laws.

    Also, don’t worry about your employer being out of pocket when they settle your claim either. Personal injury claims are typically handled by insurance companies, and any compensation awarded is usually paid by your employer’s liability insurance policy.

    If you have concerns about job security or potential retaliation, it is advisable to seek legal advice from a qualified employment solicitor who can guide you on your rights and provide the necessary support.

    Will I have to pay tax on the compensation awarded to me?

    No. Compensation awarded to you in a personal injury claim is generally not subject to income tax in the UK. The purpose of personal injury compensation is to restore you to the position you would have been in had the injury not occurred. Therefore, it is considered non-taxable and should not be included as part of your taxable income.

    Saying that, specific circumstances may vary, and there may be exceptions or other factors to consider. For instance, if the compensation includes elements such as loss of earnings or interest, these portions might be subject to taxation. If you’re unsure, consult with a qualified tax advisor or accountant to obtain accurate and personalised information regarding your specific compensation and any potential tax implications.

    Who do I actually make a personal injury claim against?

    When making a personal injury claim, the party you typically make the claim against depends on the specific circumstances of your case. For example:

    • Workplace accidents: If you’ve been injured at work, your claim is usually made against your employer. In many cases, the claim is handled by your employer’s liability insurance.

    • Road traffic accidents: If you were involved in a car accident or any other road traffic incident, the claim is typically made against the at-fault driver’s insurance company. If the other party is uninsured or cannot be identified, you may need to make a claim through the Motor Insurers’ Bureau (MIB), or your own insurance if you have relevant coverage.

    • Public liability incidents: If you sustained injuries in a public place (e.g., a slip and fall in a supermarket), your claim is generally made against the responsible party, such as the property owner, occupier, or local authority.

    • Product liability: If you were injured by a defective product, your claim can be made against the manufacturer, distributor, or retailer of the product, depending on the circumstances.

    Will I have to go to court?

    Your injury solicitor should be a seasoned professional, determined to do their very best on your behalf. While the vast majority of compensation claims never actually make it as far as court (as most people realise it’s quicker and cheaper to settle the claim beforehand), if you do have to go you’ll have your solicitor at your side every step of the way, making sure that the process is as stress-free as possible and that you get every single penny of the compensation you are entitled to.

    I’m not sure if I’m entitled to claim, how do I find out?

    Anyone who has been the victim of an accident that comes under the heading of the previously detailed criteria may well be in a position to make a claim. If you feel this may apply to you then get in touch free on 0800 234 6438 with as many details of your accident as you can recall.

    A trained legal adviser will listen to your circumstances and give an honest appraisal as to whether they feel there is a case to be argued. If there is, an expert lawyer will build the strongest possible case on your behalf and in the vast majority of cases you won’t have to pay a single penny up front. In the event that you should lose your claim, you won’t end up owing anything.

    What are whiplash reforms and will they affect my claim?

    The whiplash reforms, implemented from 31st May, 2021, aim to address concerns surrounding fraudulent and exaggerated whiplash claims while making the claims process more efficient. These changes are intended to benefit individuals like you by streamlining procedures and potentially reducing the cost of motor insurance.

    One significant aspect of these reforms is the introduction of a whiplash injury tariff. This tariff sets out fixed compensation amounts based on the duration and severity of the whiplash injury you have suffered. The purpose is to provide consistency and transparency in determining the compensation you may be entitled to.

    Additionally, the reforms increase the small claims track limit for personal injury claims related to road traffic accidents. This means that for whiplash claims within the £1,000 to £5,000 range, you may need to navigate the claims process independently or seek legal representation at your own expense. We understand that this might sound overwhelming, but we’re here to guide you through each step and ensure you receive the support you need.

    As part of the whiplash reform, you now need to obtain medical evidence of your whiplash, from a qualified medical expert. Your medical records will provide an assessment of your whiplash injury and its impact on your life. It serves as a crucial piece of evidence to support your claim, ensuring that your voice is heard and your injuries are properly acknowledged.

    To make the claims process more convenient and accessible, an online portal called the Official Injury Claim (OIC) portal has been introduced. This user-friendly platform allows you to submit your whiplash claim electronically and maintain direct communication with insurers throughout the process.

    We understand that these changes may raise concerns and uncertainties. That’s why we’re here to provide the guidance and support you need. Don’t let the reforms discourage you from seeking the justice you deserve for your whiplash injury. Contact us today for a free initial consultation.