1. What Is a Personal Injury Claim?
A personal injury claim is a legal process where you seek compensation for harm caused by someone else’s negligence or wrongdoing. It includes physical injuries, psychological trauma, and financial losses from accidents at work, on the road, or in public places.
2. Who Can Claim for Personal Injury?
You can make a claim if:
- You were injured in an accident caused by someone else
- You are claiming on behalf of a child or incapacitated adult
- The accident occurred within the legal time limits
Even if you were partly at fault, you may still be eligible for reduced compensation.
3. What Types of Personal Injury Claims Exist?
Common personal injury claims include:
- Road traffic accidents (drivers, passengers, cyclists, pedestrians)
- Workplace injuries
- Slips, trips, and falls in public
- Medical negligence
- Product liability
- Criminal injury compensation
Each type requires specific legal expertise.
4. What Is the Time Limit to Claim?
You usually have three years from:
- The date of the accident
- Or the date you realised the injury was due to someone else’s fault
Exceptions apply for:
- Children (three-year limit starts at age 18)
- Individuals with mental incapacity
5. How Much Compensation Can You Claim?
Compensation includes:
- General damages: for pain, suffering, and loss of enjoyment of life
- Special damages: for financial losses such as lost income, medical costs, and travel expenses
The total amount depends on injury severity and long-term impact.
6. What Evidence Do You Need?
Strong claims rely on:
- Medical reports
- Photos of injuries or accident scene
- Witness statements
- Police or incident reports
- Receipts for financial losses
Your solicitor will help gather and present this evidence.
7. Should You Use a Personal Injury Solicitor?
Yes. An experienced solicitor will:
- Assess your claim’s strength
- Handle legal paperwork and deadlines
- Negotiate with insurers
- Represent you in court if necessary
Most offer No Win, No Fee agreements.
8. How Does a No Win No Fee Claim Work?
Also known as a Conditional Fee Agreement (CFA):
- You pay nothing upfront
- The solicitor gets paid only if your case succeeds
- A success fee (usually up to 25%) is deducted from your compensation
This removes the financial risk of making a claim.
9. What Is the Personal Injury Claim Process?
- Initial consultation – with a solicitor to assess your case
- Medical assessment – to document the injury
- Letter of claim – sent to the responsible party
- Investigation and negotiation
- Settlement or court – most cases settle out of court
The process typically takes 6–12 months, depending on complexity.
10. Can You Claim for Psychological Injuries?
Yes. Claims can include emotional or mental trauma such as:
- PTSD
- Anxiety or depression
- Loss of confidence
A psychological assessment may be required to support your claim.
11. What Happens If the Other Party Denies Liability?
If liability is denied:
- Your solicitor may gather further evidence
- Expert witnesses may be involved
- The case may proceed to court
Many disputes are resolved through negotiation before trial.
12. Are Interim Payments Available?
Yes, if the other side admits fault early on:
- You may receive interim payments
- These cover urgent needs like medical care or loss of income
- Final compensation is awarded later
Solicitors can request interim payments as the case progresses.
13. Can You Claim for Minor Injuries?
Absolutely. Even minor injuries may result in pain, time off work, or medical costs. Your compensation will reflect the impact on your life, no matter how small the injury.
14. What If the Accident Involved an Uninsured Party?
You can still claim through the Motor Insurers’ Bureau (MIB) for:
- Uninsured drivers
- Hit-and-run incidents
Solicitors experienced in MIB claims can help navigate this process.
15. Tips to Strengthen Your Claim
- Report the accident immediately
- Get medical treatment as soon as possible
- Keep all receipts and records
- Avoid posting details on social media
- Follow your solicitor’s advice closely
Taking these steps increases the likelihood of a successful, full-value claim.
Frequently Asked Questions
1. Can I still claim if I was partly at fault?
Yes. Compensation will be reduced based on your share of the responsibility (contributory negligence).
2. Do I need to go to court?
Not usually. Over 90% of personal injury claims are settled before trial.
3. What if I can’t afford a solicitor?
Most personal injury solicitors offer no win no fee agreements, so you only pay if you win.
4. Can I claim on behalf of my child?
Yes. Parents or guardians can act as “litigation friends” to file a claim. Court approval is needed for any settlement.
5. How much is my claim worth?
It depends on injury severity, duration of recovery, and financial impact. Your solicitor will provide an estimate after reviewing the case.
6. Is there a minimum injury required to claim?
No. Even minor injuries are eligible if they caused you loss, pain, or inconvenience.
Conclusion
Filing a claim for personal injury can feel daunting, but it doesn’t have to be. With expert legal support, strong evidence, and a clear understanding of your rights, you can pursue the compensation you deserve. Whether it’s a serious crash or a simple fall, the law is there to protect you—don’t hesitate to use it.
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