If you have been involved in an accident in which you have been injured, you may be entitled to claim compensation. A personal injury claim can be made if you have been hurt in an accident that wasn’t your fault with compensation typically claimed for factors such as pain and suffering, medical or rehabilitation costs, loss of earnings and future loss of earnings. It is important to seek independent legal advice if you have been injured in order to understand the options that are available.
Personal injury solicitors
A personal injury solicitor can provide legal services in a claim where you have been injured and it is someone else’s fault. If you believe that someone else’s negligence has resulted in an injury, it is a good idea to seek independent legal advice. Trent Law offers a free assessment to discuss any potential claims and help you understand all the options available.
No win, no fee
A no win, no fee agreement means that you will not have to pay legal costs unless your claim is successful. This is also referred to as a conditional fee agreement and removes the financial risk to the claimant when claiming compensation for a personal injury. Trent Law will always work on personal injury claims on a no-win, no fee basis.
After The Event (ATE) Insurance
After The Event (ATE) Insurance in a personal injury claim is taken out after the injury occurred. This protects against cost orders being made against the claimant if the claim is unsuccessful. Trent Law always obtains After The Event Insurance for claimants represented in personal injury claims.
Personal injury claims
Often, personal injury claims are made for injuries sustained in road traffic accidents, accidents at work and accidents in public places. Personal injury claims can also be made in some instances where a defective product leads to an injury. The amount of compensation will depend on the severity of the injury and the financial impact of this injury. It is also possible to make a claim for pain and suffering resulting from an injury.
How is compensation calculated?
Compensation will be divided into two categories. General damages or non-pecuniary losses, typically cover factors such as pain suffering and loss of amenity. Loss of prospects is also considered to fall within general damages if it can be shown, for example, that a marriage breakdown resulted from an injury. The other category, special damages, for losses that can be readily quantified, includes loss of earnings and medical expenses.
Past loss of earnings will typically be calculated based on average earnings for the 13 weeks prior to the injury. A different approach can be used if a claimant’s earnings fluctuate significantly or if they were expected to receive a bonus or promotion shortly after the date of the injury. A set of tables called Ogden tables are used to help calculate compensation due in personal injury cases. These tables use multipliers to account for factors such as future inflation and life expectancy.
Smith v Manchester Award
If an injury results in a disability that disadvantages an individual at work, they may be entitled to a Smith v Manchester Award. Where a court determines that a claimant has been disadvantaged within the labour market as a result of injury then a lump sum payment can be made to reflect the risk of lower earnings in the future.
How long will a claim take?
The time taken from the date a personal injury claim is issued to the date legal proceedings conclude can vary based on several factors. The severity of injury and complexity of the claim are both key factors that will impact the timeframe for legal proceedings to conclude. Claims can also take longer if liability is disputed. Additionally, if an expert witness is required this may impact the timeframe.
Is it necessary to go to court?
The majority of personal injury claims are settled out of court with only a small number ending up in court. It is estimated that only around 5% of cases progress to court and it is likely that these will be the most complex cases where damages and liability cannot be easily established. If a claim does progress to court, our team of solicitors at Trent Law are also experienced in navigating court proceedings.
Are there any time limits to be aware of?
For the majority of personal injury claims in England and Wales, there is a time limit of three years from the date on which the injury occurred before the claim has to begin. For clarity, this limitation period is considered to run from the date of the injury, which is known as the cause of action, until a claim is issued, not until legal proceedings have concluded.
For individuals who were under the age of 18 when they were injured, there is a time limit of three years from the date they turn 18 in which the claim can be issued.
If a claim is made under the Consumer Protection Act as the result of a defective product, the limitation period would typically be 3 years from the date of the injury. However, a claim can be made within 3 years of the date the manufacturer was aware of the claim although the claim must be issued within 10 years of the date the product first entered the market.
If your injuries were caused by a deliberate act rather than a negligent act then a claim can be made through the Criminal Injury Compensation Authority (CICA). However, for claims made through the CICA, the time limit is two years from the date of the injury.
Types of personal injury claims
Road Traffic Claims
If you have been injured in a road traffic accident within the last three years you may be entitled to claim compensation. Whilst insurance companies will often recommend a law firm, based on the Insurance Companies (Legal Expenses Insurance) Regulations 1990 you are free to choose the solicitor you would like to work with.
Based on the Road Traffic Act, road users have a duty of care to drive safely. If you are injured in a road traffic accident in which another road user has driven unsafely then they are considered to have breached this duty of care. In addition to making a claim against another driver for negligent driving which lead to an injury, there are also instances where a claim can be made against a public body if unsafe road conditions led to an injury.
Accident at Work Claims
Employers are required to abide by Healthy and Safety regulations and have a duty to take all reasonably practicable steps to protect the health, safety and welfare of their employees. If an injury takes place at work as a result of an employer falling short of Health and Safety regulations then that employer is considered to have breached their duty of care to their employee. It is a good idea to have your accident recorded by seeing a doctor in addition to informing your employer. If there were witnesses to the accident it is a good idea to ask for their contact details. If you are unsure whether you can make an employer's liability claim for a workplace accident, it is a good idea to seek independent legal advice.
Accidents in a Public Place
Personal injury claims can also relate to accidents in a public place. This could relate to accidents in areas managed by councils, supermarkets or restaurants. If a business or local authority has failed to carry out regular risk assessments and this has resulted in an accident then they may have breached their duty of care. In some instances, where health and safety regulations have not been met and this has resulted in an injury, it is clear that a claim could be made. In other instances, it may not be so clear. In this instance, it is worth seeking professional legal advice in order to establish whether a claim could be made.
Strict liability
Businesses owe a duty of care to customers and if a manufacturing defect in a product leads to an injury then the manufacturer is considered liable under the Consumer Protection Act. This is known as strict liability as the manufacturer is liable even if negligence or recklessness cannot be proved. Manufacturers are also liable if an injury is sustained whilst a product is being used in its intended use.
Contact us
If you are unsure whether you are entitled to make a claim or would like to know more about the options available to you, it is important to seek independent legal advice. With offices in Nottingham, Sheffield and Derby, Trent Law can provide legal advice to help you navigate the different considerations in making a claim.
To arrange a free assessment, call Trent Law at 0333 3444 397 or fill in the contact form with any other enquiries. Alternatively, email our offices at nottingham@trentlaw.co.uk, derby@trentlaw.co.uk and sheffield@trentlaw.co.uk