Personal Injury FAQs

To determine the validity of making a personal injury claim, it’s important to consider if someone else’s negligence or wrongdoing caused your injury, or if the injury could have and should have been prevented. If you suspect that someone else is at fault, it is advised that you speak with a solicitor who can further evaluate the details of your case and assess the validity of this for making a successful personal injury claim. 

If you have been subject to a serious injury that has been caused by someone else, you are within your right to pursue a personal injury claim for compensation. The compensation is intended to cover any expenses caused as a result of the injury e.g. medical expenses, loss of earnings, pain and suffering and any other related damages. 

For most cases in the UK, there is a time limit of three years for making a personal injury claim. This date is calculated as three years from the date of the accident or the date you became aware of your injury. However, there may be exceptional circumstances where you may be eligible to claim outside of the three years, but it’s important to speak with a legal professional to get advice on the eligibility of your claim. 

In the moment that a serious injury occurs, collecting evidence is often the last thing on your mind. However, it is important to collect as much evidence as possible. Evidence that can support a personal injury claim includes medical records, accident reports, witness statements, photographs, or videos of the incident, financial documents and any other relevant documentation related to the accident or your injuries.  

Whilst you might be confident that you are not at fault for your injury, you still need to prove that someone else is at fault. In doing this, you need to be able to demonstrate the responsibility and lack of duty of care that has directly caused your injuries. The evidence you provide in your personal injury claim can support the process of proving fault. 

Compensation is calculated on a case-by-case basis as no two personal injury cases are ever the same. In the scenario that you win your personal injury claim, the compensation you will receive will be calculated on various factors such as the severity of your injury, the cost of medical expenses, loss of earnings, future treatment, the impact on your daily life and any other factors that are relevant. The final compensation sum will be negotiated between the parties and determined by a court. 

Not all personal injury cases have to go to court, this depends on the complexity of your case. Some cases can be easily settled through negotiation, however, if an agreement can’t be reached or liability is contested, your case may result in attending court for a judge to make the final decision. 

This is a difficult question to answer as it is determined on a case-by-case basis. Not all personal injury claims are the same. In some cases, it can be settled within a few months and others can take several years. How long it takes for a claim to be settled is dependent on multiple different factors such as the complexity of the case, the extent of the injury and whether liability has been disputed. 

This varies between each solicitor firm; however, most personal injury cases are based on a ‘no win, no fee’. If you do not win the personal injury case, the solicitors will not take any payment, however, if you win the case the solicitors will be paid a commission based on the personal injury compensation awarded. 

Yes, you can claim for lost earnings because of an injury. This is likely to cover the cost of wages or salary that you’ve lost because of the injury. This can also take into consideration future income if the injury has meant that you will not be able to return to work and earn an income. 

If the responsible party denies liability, the personal injury claim will become more difficult to navigate and may take longer to reach a final solution. In this scenario, it is likely that the case may end up in court to determine liability. Your solicitor will work on your side to collate any evidence necessary to prove liability to the court. 

Choosing the right solicitor for your personal injury claim is important as it can have an influence on your outcome. You want thoroughly research to ensure you’re making the correct decision. You will ideally want to choose a personal injury solicitor who has a great level of knowledge and experience in winning cases, has the capacity to take on your case and is highly recommended by others. 

Yes, if you win a personal injury claim the compensation you will be awarded considers any medical expenses that have been accrued. This includes treatments, surgeries, medication, rehabilitation, adaptations and more. 

Yes, it is possible to receive personal injury compensation for emotional distress and psychological trauma because of the injury. However, it is important that you provide medical evidence and documentation to support your claim for these non-physical damages. 

Aside from the deadline of three years to make a personal injury claim, there will be additional deadlines that you are required to meet as you navigate through the process of making a personal injury claim. Fortunately, your personal injury solicitor will have navigated this hundreds of times before, so they’ll know exactly what is required and when in order to keep you on track. 

Yes, it is possible to receive personal injury compensation for ongoing medical treatment and rehabilitation as a result of the injury. However, it is important that you provide medical evidence and documentation to support your claim for these.

It is possible that a personal injury claim could have an impact on your health insurance and entitlement to benefits. However, if you are concerned regarding this, it is advised that you speak with your solicitor to fully understand if there will be any impact and if so, how much this will be impacted.

If a pre-existing condition is aggravated by the accident, you can factor this into your personal injury claim. The responsible party can be held responsible for the worsening of your pre-existing condition in addition to any new injuries that have been caused. 

Partial fault in a personal injury claim means that one party does not accept full liability for the cause of the injuries. If partial fault is determined, the compensation may be reduced to be reflective of this. 

You can maximise the outcome of your personal injury claim by gathering strong evidence, seeking medical advice as soon as possible, obtaining all essential documents and providing your solicitor with everything they require.