What is involved in a personal injury claim?
Suffering an injury or illness in an incident that wasn’t your fault can be very distressing, no matter the circumstances. Whether you’ve been caught up in a road accident, contracted an industrial illness at work or been injured as a result of criminal activities, you could be entitled to compensation to help you manage the financial consequences of what has happened.
Claiming for compensation can help you to move on with your life after an injury – and it’s not as complicated as you might think. Below, we take you through some of the most commonly asked questions relating to making a personal injury compensation claim.
Is there a time limit for personal injury claims?
Making a claim might not be the first thing you think of in the aftermath of an injury or accident, but it’s worth knowing that your eligibility doesn’t last forever. This is especially important to remember if you’re thinking of making a claim but have yet to gather evidence – delaying could push you past the deadline and render your claim invalid.
Generally speaking, you’ll have three years from the date of the accident in which to make your claim, though there are some examples. If you were a child at the time of the incident, you’ll have three years from the date of your 18th birthday instead. Additionally, in claims relating to illness or disease, you may have three years from the time you became aware of a connection between the illness and the incident you’re claiming for.
The time limit for different types of personal injury claims can vary, so it’s worth getting the advice of a specialist personal injury lawyer who can make the specifics of your situation clear to you. Remember, it’s better to claim sooner rather than later, as this will make it easier to gather the relevant evidence for your case.
What evidence is needed for a personal injury claim?
In order to present your case effectively, you’ll need to gather evidence that proves the incident happened, whose fault it was and the consequences it resulted in. The exact evidence you’ll need varies on a case-by-case basis, but here are some examples that apply to a range of cases:
- Police and/or fire service reports
- Reports from medical professionals which substantiate your injuries or illnesses
- Witness statements, including contact details
- Photos or video footage relating to the incident.
Speaking to an expert solicitor can help you to know the most helpful information for you to gather for your specific claim. For example, if you have a chronic injury or illness caused by the incident, it may be helpful to include statements from your loved ones explaining how this has impacted you in terms of care, finances and physical ability.
How much can you get for personal injury claims?
When considering the prospect of making a personal injury claim, it’s only natural to wonder how much compensation you could receive if your claim is successful. This is difficult to estimate because it depends on various factors relating to your situation – for example, how badly you were injured, what costs are associated with your recovery and whether you could be considered partly at fault.
This is partly why it’s so important to gather evidence that supports your view of the incident. Particularly for injuries that have since healed, medical records can be very helpful in illustrating the severity of the incident and how you were affected. To find out how much compensation you might receive based on your injuries, explore our injury claims calculator. Remember, this is only an estimate and may not reflect the actual amount of compensation you receive.
How many personal injury claims go to court in the UK?
For many, the thought of having to argue your case in court can be a deterrent for making a compensation claim; it can seem like more hassle than it’s worth, particularly in an already stressful time of recovery. However, it’s worth noting that the vast majority of claims are settled outside of court.
According to the government’s civil justice quarterly statistics, there were a total of 415,000 claims made to the County Court from January to March 2024. Of these, only 14,000 were personal injury claims. The statistics don’t include data on the number of personal injury claims specifically which went to trial, however it is known that of the original 415,000 claims, only 11,000 went to court – 3% of the total number.
This is because taking a case to court is expensive and time-consuming for all parties, so everyone has an incentive to settle outside of court. This is what happens for the majority of personal injury cases, especially those where there is no dispute over what happened, who was at fault and the amount of compensation requested.
Unfortunately, there is always the possibility that your case may need to go to court if there is a dispute involved – for example, if you were in a road accident and the guilty party refuses to accept liability. If this happens to you, your personal injury solicitor will be there to guide you through the process as smoothly as possible and give you the very best chance of success.
How Often Will You Need To Attend Meetings Related To Your Claim?
Again, this will vary according to your specific circumstances. A good solicitor will do their best to accommodate your needs and make the claims process as simple as possible for you. It’s likely that you’ll need to attend at least some meetings, and you should try to be as present and accessible as you can in order to give your solicitor everything they need to progress your case. However, if you have time commitments or struggle to get about due to injuries or disabilities, your solicitor will of course work with you to find a workable solution.
If you have been the victim of an accident and want to pursue a claim for compensation, speak to an expert solicitor as soon as possible. Bear in mind that different solicitors have different specialisms, which could affect the right choice for you. For example, if you’ve been injured in an accident at work, you might not want a solicitor who specialises in criminal injury, and vice versa. Comparing personal injury solicitors can help you to find the right support for your case, allowing you peace of mind knowing you’re in safe, capable hands.