A personal injury claim is a legal action brought against someone who has injured you physically and/or financially. This type of claim can include damages for physical and psychological injuries.
In the UK, the majority of personal injury claims are resolved in county court without a jury. However, some are referred to the small claims court.
Time limit
The personal injury claim time limit is a legal term that refers to the period of time in which you are allowed to start a court action for compensation. If you don’t do this within the appropriate time frame, your right to sue may be lost, subject to some limited exceptions.
The general rule is that you have three years from the date of your accident to start a compensation claim. However, the time limit can start earlier than this, depending on your situation. If you were a child at the time of your accident, for example, the time limit is suspended until you turn 18, when it will then restart from that date. If you have a mental disorder, the three year limit will start from the date when you become capable of bringing proceedings, or what is known as your ‘date of knowledge’.
In addition, if you have been injured on board an aeroplane or ship, you will have different rules relating to the period of time in which you can make a claim. Your solicitor will advise you on this.
General Damages
General damages are compensation for the pain and suffering that an injury or condition has caused. The amount that a person receives can vary from a few hundred pounds for minor injuries to millions of pounds in the most serious of cases. The reason for the wide range is that it is impossible to put a price on pain and suffering.
The amount that you can claim for this element of the award will depend on the severity of your injury and the impact it has had on your life to date, as well as how it will affect your future. This can include things such as the loss of enjoyment of life and the inability to do activities that you previously took for granted.
The special damages portion of the personal injury compensation will cover any expenses that can be calculated, such as prescription charges, travel costs to appointments, loss of earnings and so on. These will usually be calculated by our experienced team. If you are unable to work due to your injury or illness then we can also help you with a claim for loss of income, including any lost pension.
Special Damages
Special damages are a form of compensation for specific financial losses, including out-of-pocket expenses. This includes things like prescriptions, physiotherapy sessions and the cost of modifications to your home or car. It can also include the loss of enjoyment of activities that you used to be able to do, such as travelling or attending concerts.
It’s important to keep receipts and records of all the expenditure that you’ve had to make as part of your personal injury claim. The amount of money you’re awarded for these expenses will depend on the severity of your injuries. In some cases, you might be able to recover future loss of earnings as part of your special damages award.
It’s worth mentioning that the amount of money you can recover for past and future loss of income will be limited by your ability to work and any benefits that you receive. This limit is set by the courts, so it’s best to speak to a solicitor about how much you might be entitled to. There are strict laws that govern personal injury claims, so you must never allow an unregulated firm to contact you.
No depositions
A personal injury is any physical or mental damage you have suffered as a result of another person’s negligence or breach of statutory duty. You can make a claim for compensation to cover expenses such as medical bills, rehabilitation and loss of earnings. These costs are generally paid by the person or company responsible for your injury through their insurance policy. In some cases, you can make a claim for replacement equipment.
Whether you have suffered an injury from an accident at work or as a result of the negligence of a third party, it is important to seek legal advice as soon as possible. Personal injury solicitors will be able to advise you on the compensation you may receive and help you to lodge a successful claim.
Personal injury solicitors will usually operate on a ‘No Win No Fee’ basis, meaning they will not charge you any fees if your case is unsuccessful. However, they will usually ask you to take out After the Event (ATE) insurance which will cover their legal costs if your case is lost.
No witness statements
A witness statement is a vital piece of evidence in any personal injury claim. A good solicitor will help you to gather relevant witness statements that will strengthen your case. The evidence from witnesses is often the key to proving that someone else was responsible for your accident and injury.
Whether you have suffered an injury in a Road Traffic Accident, an accident at work or from a slip on the street, a witness statement will be a very important part of your claim. A good witness statement will give a clear account of the events that led to your injuries. It will also provide detailed evidence of the ongoing impact that your injuries have had on your life.
Witness statements should be written in the witness’s own words and should contain only facts that they have knowledge of. In the recent case of Mackenzie v Rosenblatt Solicitors & Anor [2023], the Court highlighted that a witness statement had not been written in the witness’s own words and had contained paragraphs of legal argument. This was a breach of SRA rules and resulted in the solicitor being reported to the Solicitors Disciplinary Tribunal (SDT).