Straightforward advice, uncomplicated claims
Personal injury experts
We help clients throughout England and Wales: click here to get in touch.
If you’ve had a slip, trip, accident at work, road accident or some other accident which you believe could be the basis for a personal injury claim, we can help you.
At Derbyshire Lawyers, our down-to-earth team will offer you straightforward, jargon-free advice and clear guidance. We’ll give you a clear indication of whether or not your personal injury claim is likely to succeed and the amount of compensation you could be entitled to.
Your first interview is free and we will work with you on a no-win no-fee basis after that, if we are able to take your case.
This page is intended to give you the basis information that you need to know about bringing personal injury claims. If you have any questions at all, please don’t hesitate to get in touch.
The term ‘personal injury’ covers a lot of different things. It might be a physical injury as a result of a trip or slip, or it could be a psychological injury or illness caused by unnecessary stress at work.
‘Personal injury’ can also cover disease and physical illnesses.
Here are some examples of different personal injuries:
- Repetitive strain injury
- A disease caused by exposure to a hazardous substance
- An injury resulting from a car accident
- An injury from falling over something that shouldn’t have been there
- Pyschological injury sustained as a result of a crime
- Pyschological injury because of harrassment at work
These are just a few examples of what a ‘personal injury’ could be. As you will see, the term is very wide ranging. If you have an injury, illness or disease that might be someone else’s fault, speak to our lawyers who will be able to tell you whether a claim can be made.
Actions to take
The actions you need to take following an injury depend on the type of injury. These might include:
- Reporting the injury to your insurance company (e.g. road traffic accident)
- Ensuring the injury is logged in the accident book (e.g. at work, on holiday, at a public venue)
- Taking any photographs that show how you had the injury (e.g. something you tripped over or something that was unsafe)
- Gathering the names and addresses of anyone who witnessed the injury
- Writing down an account of what happened while it is fresh in your mind
- Reporting the injury to the police where appropriate (e.g. a road traffic accident)
- Seeking medical attention as quickly as possible with a professional
After you have seen a medical professional initially, you should visit them again regularly so that your condition is documented.
If your workplace does not have an accident book, write out the details of what happened, send these to your employer and keep a copy for yourself.
“But I didn’t take any of those actions…”
We understand that after an injury, everything can sometimes be a bit of a blur. You may think about the incident a few days later and wish you had taken more of the above steps. Do not worry if you were not able
to do everything on this list appropriate to the circumstances. It will not necessarily stop you from making a claim.
There are two types of compensation that you may be entitled to when you suffer a personal injury – these are general damages and special damages.
Special damages cover the actual loss that resulted from the incident. This might, for example, cover a damaged vehicle, damaged clothing, the actual amount of earnings you have lost (perhaps because of days taken off work to attend treatment), the cost of treatment, the cost of travel to
attend the treatment, the cost of adapting your home after the injury, the cost of equipment required because of the injury and so on.
General damages are for pain, suffering and future expenses such as loss of earnings.
The Court will make an assessment of how much you are entitled to. If the Court holds you partly responsible for what happened, they may reduce the amount you receive. An example might be if you were not wearing a seatbelt when you were involved in an accident.
Time limits for personal injury claims
It is very important to be aware of the time limits for bringing a personal injury claim. Most claims are for negligence and these must be brought within three years. In other words, court proceedings must be issued within three years of you first being aware that you have suffered an injury.
In some circumstances the court may agree to extend the time limit.
How much compensation am I entitled to?
Below, we set out some typical amounts for compensation. Remember, the Court will decide ultimately what your claim is worth.
- Whiplash claim – £1,000 compensation
- Slip or trip – £1,000 compensation
- Accident a work – £5,000 compensation
Specific injuries – typical compensation payouts
The following are for MODERATE injuries where the person sustaining the injury expects to make a full recovery.
- Broken arm – £5,000 – £30,000 compensation
- Elbow injury – £3,000 – £10,000 compensation
- Hand injury – £650 – £22,000 compensation
- Wrist injury – £3,000 – £4,000 compensation
The following are for SEVERE injuries where the person may suffer some moderate pain or disfunction long term.
- Broken arm – £30,000 – £100,000 compensation
- Elbow injury – £12,000 – £24,000 compensation
- Hand injury – £22,000 – £48,000 compensation
- Wrist injury – £6,000 – £19,000 compensation
As you can see from these example amounts, it is very difficult to say exactly how much compensation you will get. Every personal injury claim is different. However, if you discuss the individual facts of your case with an experienced lawyer, they will usually be able to give you a much better idea of the amount you are entitled to.
More information on Personal Injury
Need help? Click here to contact us.