Dealing with the death of a loved one can be devastating. It can be especially hard to come to terms with their death if it was due to someone else’s negligence. In our guide to wrongful death claims, we provide you with the essential information on how to make a claim. We explain your legal rights, guide you through the claims process and show how a specialist No Win No Fee solicitor could help you.

Key Takeaways

• Certain relatives or the estate could claim for the death of a loved one.
• To claim for a wrongful death, you must prove that another party had relative responsibility for your loved one’s safety and that the other party’s actions or inactions caused the fatal injuries.
• Compensation amounts may take the deceased’s pain and suffering into account as well as the financial and emotional impact on their loved ones.
• Claimants must provide sufficient evidence to show that a wrongful death has taken place.
• A specialist No Win No Fee solicitor solicitor could provide help and support at this difficult time.

Please contact Legal Expert today for more information on how to claim or to work with a solicitor:

• Call now on 0800 073 8804.
• Click here to claim online.
• Chat to us live below.

Browse Our Guide

• Understanding Wrongful Death
• Who Can Make A Wrongful Death Claim?
• Examples Of Wrongful Death
• Compensation In Fatal Accident Claims
• Time Limits When Claiming Compensation
• How To Prove A Wrongful Death Claim
• Why Make A Claim With Us?
• Learn More

Understanding Wrongful Death

A ‘wrongful death’ is used to describe circumstances in which a person dies due to a third party’s wrongdoing or negligence. In such instances, the person’s death may have been prevented if a third party had taken reasonable precautions or paid due care and attention.

As we will explore through this guide, a wrongful death could occur in a variety of different situations. These could include accidents at work or in public places, road traffic accidents or may even be caused by negligent medical care. No matter which of these circumstances the death occurred in, the common factor is that the death was preventable.

A wrongful death claim is a way for family members or the estate to seek compensation following the death of a loved one. It may also help to hold the liable party accountable for the death.

Who Can Make A Wrongful Death Claim?

Wrongful death claims may be brought by either the estate of the deceased or by close family members of the deceased.

Under the Law Reform and Miscellaneous Provisions Act 1934 (LRMP), in the immediate six months following the person’s death, claims may only be made by the deceased estate.

If no claim is made by the estate during this time, qualifying relatives may make a claim under the Fatal Accidents Act 1976 (FAA). Those who could bring a claim include:

• A current or former spouse, such as a wife, husband or civil partner.
• Someone who lived with the deceased as a spouse for two years prior to their death.
• A parent or other person treated as a parent.
• A child or other descendant of the deceased. This may include those treated as a child through marriage, such as stepchildren.

To claim compensation, you must show that you were financially dependent on the deceased. You must show that their death has caused you financial hardship. Later in this guide, we will explore what losses you could be compensated for.

Please note that wrongful death claims may only be brought by one of these parties. For example, if the estate of the deceased has made a claim, family members could not subsequently do so.

Examples Of Wrongful Death

There are many different circumstances in which fatal accidents could occur. In the following sections we look at the different types of accidents which could lead to a wrongful death.

Fatal Workplace Accidents

Whilst workplaces have become safer over time, fatal accidents do still occur. 138 workers died in workplaces accidents in 2023/24. This is according to the Health and Safety Executive (HSE), Britain’s regulator for workplace safety. At work your employer has a duty of care to take reasonable and practicable steps to ensure your safety, complying with relevant workplace safety legislation, such as The Health and Safety At Work etc. Act 1974.

A worker on a construction site could fall from scaffolding due to an employer failing to provide proper safety equipment, such as guardrails and harnesses. Falling from a height could lead to a fatal injury.

Road Traffic Accidents

Reported road casualties for the UK show that in 2023, there were 1,624 fatalities on Britain’s roads. All road users have a duty of care towards each other. They must use the roads in a way which is safe and which prevents the risk of them or others being harmed. The Road Traffic Act 1988 and The Highway Code set out rules that road users must adhere to.

A fatal car accident involving a pedestrian could be caused by a speeding driver. They may fail to pay attention to traffic signals, such as a red light at a pedestrian crossing, and strike a pedestrian crossing the road, killing them.

Medical Negligence

Healthcare and medical professionals all have a duty to ensure that the care they provide to patients meets expected standards. The failure to do so may cause avoidable harm to a patient and even lead to their death. In such instances, people could make fatal medical negligence claims.

A surgeon may make a surgical error during an operation, such as by leaving a surgical implement inside a patient. This may cause severe complications, such as an infection or severe internal damage, leading to the person wrongfully dying.

A patient undergoes surgery, but the medical team leaves a surgical instrument inside the patient’s body. The patient suffers severe complications and ultimately passes away due to this error. The patient’s family could claim compensation for the wrongful death caused by medical negligence.

Public Place Accidents

Parties in control of public places may be referred to as the occupier. Under the Occupiers’ Liability Act 1957, they have a duty to ensure that the space is reasonably safe for members of the public to use.

A customer could slip on an unmarked wet floor at the top of a staircase in a shopping centre, falling down the stairs. The fall could cause a combination of severe head and spinal injuries leading to the person’s death. Family members could sue the shop for compensation.

Compensation In Fatal Accident Claims

How much compensation may be awarded could depend on the pain and suffering of the deceased prior to their death as well as family members’ financial losses.

In the table below we look at how much compensation may be awarded for a wrongful death compensation claim. Here we have taken figures from the Judicial College Guidelines (JCG). This is a resource which legal professionals may consult whilst estimating wrongful death settlements.

Type Of Harm	Severity	Damages Guideline
Death with add on claims.	Wrongful death	Up to £550,000 and over.
Paralysis	A - Quadriplegia	£396,140 to £493,000
Paralysis	B - Paraplegia	£267,340 to £346,890
Brain damage	A - Very severe	£344,150 to £493,000
Injuries resulting in death	A - With full awareness	£15,300 to £29,060

We must note that such figures are presented only as a guideline. How much you could be awarded may differ. Please also note that the top entry is not taken from the JCG.

What Else Can I Claim For?

In addition to compensation for the deceased’s pain and suffering, qualifying family members may also claim compensation for

• Funeral costs and expenses.
• Financial dependency – this may cover the financial contribution made by the deceased towards the family’s income.
• Loss of consortium – this compensates for the loss of a special person. It tries to take account of losses which can not be quantified financially.
• Loss of services – this is a broad category. It may include help with childcare or domestic tasks, such as DIY. This may cover both past and future losses.

Further to compensation through wrongful death claims, you may also be entitled to the Statutory Bereavement Award. This is a fixed award of £15,120. The amount is set in Section 1A of the FAA and may be reclaimed by the husband, wife or parent of an unmarried minor.

Please remember that all wrongful death negligence claims are individually assessed and calculated. If you are eligible, one of our wrongful death solicitors could assess your claim.

Time Limits When Claiming Compensation

To claim for a wrongful death you must do so within the applicable limitation period. Typically, this is taken from the date on which the person died and lasts for three years. If the fatal injury was only later connected with negligence, such as at an inquest, the time limit will begin from this date.

We should again highlight that during the first six months following a wrongful death, only the estate of the deceased may bring a claim. Get in touch with us to discuss the time limit which applies to wrongful death claims.

How To Prove A Wrongful Death Claim

Those submitting wrongful death negligence claims must ensure that they gather enough evidence to show that another party was liable for their loved ones’ pain, suffering and death.

Types of evidence:

• The findings of an inquest or a Coroner’s report.
• Details of those who witnessed the fatal accident.
• Photo or video records of the accident taking place, or of the scene of the accident. This may include CCTV footage or photographs of the scene of an accident.
• Medical records of the deceased.

Please contact our team of advisors if you have any questions about what proof or evidence could help to support your claim.

Why Make A Claim With Us?

At Legal Expert our solicitors are experts at handling wrongful death claims. They could assess the case, help you to collect evidence and assist in building it. They could also help to ensure that your case is properly handled. They will also keep you informed of any updates as the claim progresses.

What’s more, they could do so on a No Win No Fee basis using a Conditional Fee Agreement (CFA).

What Is A Conditional Fee Agreement?

A Conditional Fee Agreement is a way for a solicitor to take your case on, without you having to make any upfront payments for their work. You typically also wouldn’t be asked to make any payments for their services whilst the claim is ongoing.

In addition to these benefits, you wouldn’t be asked to pay for their services if your claim doesn’t succeed. If you do win your compensation claim, you would be charged a success fee. This fee is a legally capped percentage of your compensation. This leaves you with the majority of your settlement.

• Click to make a claim online.
• Phone us on 0800 073 8804.
• Talk to us live on this page.

Learn More

Below you can find additional information on how wrongful death solicitors could help you.

• In this guide we look in more detail at how to claim for death by dangerous driving.
• Here you can read more about how to claim compensation for medical negligence resulting in death.
• This guide looks in more detail about how to claim for a death by hospital negligence and at how we could help you.

Resources

• You can learn more about what to do after a death in this resource from the UK Government.
• Get help dealing with grief, bereavement and loss in this NHS guide.
• Find support and self care resources in this guide from the charity Mind.

In our guide we have provided everything you need to know about wrongful death claims. Please contact our team if you would like to discuss your case or get help from one of our solicitors.

Farm and agricultural work can be extremely hazardous. According to information from Britain’s Health and Safety Executive (HSE), the regulator for safety at work, almost one person dies a week working in these industries. If you or a loved one have been injured whilst working on a farm you could be owed compensation. In this guide we look at everything you need to know about farm accident claims and at how to claim compensation.

Key Takeaways In Farm Accident Claims

• You could claim compensation if you or a loved one were injured in a farm accident.
• How much you could claim depends on what farm injuries you suffered and how severe they were, in addition to any out-of-pocket expenses.
• Any claim must be made within the applicable time limit.
• You could claim for different types of farm accidents.
• One of our No Win No Fee solicitors could help you claim farm accident compensation.

Learn more about how we could help you. Please get in touch by:

• Calling 0800 073 8804.
• Clicking to start a claim online.
• Using the live chat below.

Browse Our Guide

• I Was Injured While Working On A Farm, Can I Make A Claim?
• What If I Was Injured As A Visitor?
• The Most Common Injuries Suffered By Farm Workers
• Are There Time Limits For Making Farm Injury Claims?
• What Kinds Of Farm Accidents Could I Claim For?
• How Much Compensation Could I Get?
• No Win No Fee Farm Accident Claims
• Learn More

I Was Injured While Working On A Farm, Can I Make A Claim?

Farmers and farm workers are owed a duty of care by their employers. If you were injured whilst working on a farm because your employer failed to protect you, they may be liable for your injuries. Employers have a duty of care to ensure your safety, no matter whether directly employed, self-employed, a temporary worker or employed on a zero hours contract.

Employers duty of care is set out in the Health and Safety at Work etc. Act 1974. To comply with this duty, they should follow guidance set by the HSE for the agriculture industry. In addition, employers should comply with the Management of Health and Safety at Work Regulations 1999, and the Control of Substances Hazardous to Health Regulations 2002 (COSHH).

Farm workers could be injured because of inadequate training at work, dangerous machinery or through a lack of personal protective equipment (PPE).

To claim for a agricultural accident you must show that:

1. You were owed a duty of care as a farm worker.
2. Your employer was in breach of this duty.
3. You suffered farm injuries as a result of this.

In addition any claim must be brought within the applicable time limit. In most instances, accident at work claims must be brought within three years. We shall discuss this further later in the guide. Get in touch to find out how our team could assist with farm accident claims.

What If I Was Injured As A Visitor?

Today many farms offer spaces where people can visit. This may be tours to see a working farm, a farm shop or even as a space for a family day out. Whilst you are visiting a farm you are owed a duty of care by the occupier of the farm.

The party in control of a public space such as this is called an occupier. They have a duty of care to take reasonable steps to ensure your safety whilst on a farm as a visitor. This duty of care is detailed in the Occupiers’ Liability Act 1957 (OLA).

For instance, you may have tripped over a broken fence and twisted your ankle or been caught by broken machinery and suffered a severe laceration.

In order to claim as a visitor, you must meet the following criteria.

1. That you were owed a duty of care as a visitor to the farm.
2. That the occupier of the farm breached this duty.
3. You sustained an injury because of the breach.

Again, you must bring your claim within the applicable time limit.

What Kinds Of Injuries Could I Suffer As A Visitor?

Visitors to a farm could sustain different types of injuries such as:

• Broken or fractured bones.
• Lacerations.
• Soft tissue injuries, such as ligament or tendon damage.
• Burn injuries.
• Chemical injuries, such as chemical burns.

Visitors could also suffer serious injuries, such as:

• Head injuries.
• Back, neck and other spinal injuries.
• Paralysis and other injuries.

To learn more about public liability claims, please contact our team.

The Most Common Injuries Suffered By Farm Workers

Common injuries sustained by those working on a farm may include:

• Animal bites and kicks caused by farm animals.
• Crush injuries, such as those caused by broken machinery.
• Illnesses and zoonotic illnesses contracted from farm animals.
• Muscle strains, sprains or similar injuries.
• Serious injuries caused by vehicles rolling over you or colliding with you.
• Lacerations and cuts.
• Broken or fractured bones.
• Serious injuries to the neck, back or spine.

Can I Claim If I Was Attacked By A Farm Animal?

Farm workers who have been attacked or otherwise injured by a farm animal could be eligible to claim compensation.

The owner of a farm animal (the farmer) may be liable for attacks if they have failed to take reasonable steps to prevent it from occurring. They may be found to have failed to take steps such as properly securing the animal or not warning either workers or visitors of any potential risks.

The same eligibility criteria as set out for both accidents at work or in a public place apply to claims for accidents involving farm animals.

It should however be noted that there may be inherent danger in working with farm animals, such as livestock. If the farm did take reasonable precautions to prevent your accident, such as providing training, protective equipment and taking other steps, you may not be able to make a claim.

Our team could provide you with further information on making agricultural accident claims.

Are There Time Limits For Making Farm Injury Claims?

As discussed when looking at the criteria which make you eligible to claim compensation, any claim must be brought within the relevant time limit. For personal injury claims you generally have three years in which to launch a claim. This period begins on the date of the accident and it is set out in the Limitation Act 1980.

Whilst claims must generally be launched in this three year time limit, there are circumstances in which a claim could be brought outside of it. For instance, where a child was injured whilst visiting a farm. The child would be unable to launch a claim on their own behalf. Therefore, either a suitable adult may make a claim for them as a litigation friend, or once they are eighteen, the 3 year limit would be applied.

Where the person can not claim due to lack of mental capacity, such as following a head injury, they would also require a litigation friend to act on their behalf. In these circumstances, the litigation friend could act on behalf of the claimant at any time. If the person does regain their own mental capacity they would subsequently have three years in which to claim.

Our team could provide further information on the time limit for an accident at work claim.

What Kinds Of Farm Accidents Could I Claim For?

Agriculture and farming are hazardous industries. Farm workers may use or work with various dangerous vehicles, machinery and chemicals. Further potential hazards include working with livestock, at heights and outdoors. The work may be physically demanding as well. All of these factors could contribute to people suffering a variety of different types of farm accidents.

Potential kinds of farm accidents you could be injured in and for which you could claim compensation may include:

• Vehicle accidents, such as being struck by a moving vehicle.
• Contact with defective machinery, such as with farm equipment accidents.
• Being struck by falling objects, such as a bale falling from a height onto someone.
• Falls from a height, such as inside a barn or falling through a roof.
• Slips, trips and falls on the same level.
• Livestock accidents and injuries caused by other animals.
• Drowning or asphyxiation.
• Being trapped by something collapsing or overturning, such as a temporary structure collapsing.
• Electrical injuries, such as contact with overhead power lines.

These have been identified in the earlier HSE resource, linked above. Whether injured in one of these, or other types of accident you could make a farm accident compensation claim if someone else was at fault.

How Much Compensation Could I Get?

Successful farm accident claims may be awarded compensation covering two types of loss. These types of loss are called general damages and special damages. General damages compensate you for any physical or emotional pain and suffering caused by your injuries.

Those calculating the value of injuries may refer to your medical records showing how you were harmed. They may also consult figures from the Judicial College Guidelines (JCG). This is a document which contains guideline award brackets for different types of injury.

Barring the first entry, amounts in this table have been taken from the JCG. They are intended only as a guide. Every claim is unique and is based on the individual circumstances of that person’s case.

Injury	Severity	Guideline Damages
Multiple serious forms of injuries.	Severe or serious	Up to £1,000,000+ taking account of special damages.
Brain injury	Very Severe	£344,150 to £493,000
Foot injury	Very severe - A	£102,470 to £133,810
Severe leg injury	Very serious - B - ii	£66,920 to £109,290
Back injury	Severe - A - ii	£90,510 to £107,910
Hand injuries	Serious damage to both hands - B	£68,070 to £103,200
Wrist injury	Complete loss of wrist function - A	£58,110 to £73,050
Neck injury	Severe - A - iii	£55,500 to £68,330
Ankle Injuries	Severe - B	£38,210 to £61,090
Shoulder injury	Severe - A	£23,430 to £58,610

Am I Eligible For Special Damages?

Special damages are designed to compensate you for financial losses. These may include (but are not limited to):

• Bills for medical treatment or medication.
• Domestic care, such as support with everyday tasks.
• Lost earnings and income.
• Travel expenses.

To be compensated for these, or any other types of financial loss, you must provide evidence of the loss. Evidence may include copies of payslips, tickets for travelling to a medical appointment or invoices for medical treatment.

Our team could assess your case and help to determine what out of pocket expenses you may claim. Talk to our team about farm accident claims and how compensation may be awarded.

No Win No Fee Farm Accident Claims

One of the biggest advantages to claiming with one of our personal injury solicitors is being able to do so on a No Win No Fee basis. This may be done by using a Conditional Fee Agreement (CFA).

Under a CFA, you could expect that you would:

• Pay no solicitors fees in advance.
• Pay no solicitors fees during your claim.
• Have nothing to pay for the solicitors work if not awarded compensation.
• Pay a success fee on completion of a claim if awarded damages.

This fee is deducted by the solicitor from your compensation. It is charged as a legally restricted percentage.

By working with a No Win No Fee solicitor you could benefit from legal advice and help on your claim without the financial worry.

You may find out more about farm accident claims by getting in contact with our expert team.

• Call now on 0800 073 8804.
• Clicking to claim online.
• Chatting to us below.

Learn More

Here you can learn more about related accident and injury claims.

• In our tractor accident claims guide we look more at how to claim compensation.
• In this guide you can learn more about how long compensation takes to come through.
• Read more about your rights if injured at work in our resource.

Further resources.

• Find rules for farmers and land managers in this government guide.
• Read more about lacerations and incised wounds in this NHS guide.
• Learn more about livestock handling in this HSE resource.

Thank you for reading our guide on farm accident claims. If you want to find out more about making a claim, please contact our team.

In this guide, we are going to look at the legal process of making an AXA car insurance whiplash claim. If you have been injured in a road traffic accident that was not your fault, then if the party that caused the accident is covered by an AXA vehicle insurance policy, a personal injury lawyer could be able to process a personal injury claim against AXA for you.

We have tried to cover every aspect of making a claim in this guide. However, there may be unique aspects of your own claim that this guide doesn’t touch on. If this is so, then our claims team is available 24 hours a day, 7 days a week, to provide you with any additional information you need. All you need to do is speak to one of our claim advisors on 0800 073 8804 to proceed with an AXA personal injury claim.

Select A Section:

• A Guide To Whiplash Injury Claims Against AXA Insurance
• What Is Whiplash About?
• Should I Make An Injury Claim Through My Own Insurance?
• What Might An Insurance Provider Not Want You To Know?
• What Is A Split Liability Agreement?
• Should I Accept The First AXA Whiplash Claim Offer?
• Should I Accept An Offer Before I Have Seen A Doctor?
• Calculating Whiplash Injury Claims Against AXA Insurance
• Other Compensation An AXA Personal Injury Claim Might Include
• No Win, No Fee AXA Car Insurance Whiplash Claims
• Contact Our Experts Today To Make An AXA Car Insurance Whiplash Claim
• Claims Guides And References To Making An AXA Car Insurance Whiplash Claim

A Guide To Whiplash Injury Claims Against AXA Insurance

This is a guide about how to claim for whiplash injuries against AXA. Whiplash is regarded as one of the most commonly claimed injuries in the UK each year. This guide should provide you with enough of a background about the claims process to help you decide how to progress with your own claim. We start this guide by taking a look at what whiplash is—how it is defined, caused, and treated, as well as the kinds of symptoms whiplash manifests.

The next part of this guide looks at some key facts related to the claims process itself. We look at whether a claimant should accept an initial or pre-medical settlement from AXA. We also cover split liability claims and knock-for-knock claims.

The final part of this guide pertains to financial aspects of the claim. We have listed some of the most common kinds of damages that claimants are awarded. We have also provided a table that details the range of compensation you could be able to claim for several different injuries. Finally, we go over how a No Win, No Fee solicitor can offer you a way to have your claim processed at reduced financial risk.

If you have any questions about the claims process, your own claim, or anything else related to whiplash claims, please talk to one of our claims advisors on the phone number at the top of the page. They will be happy to provide you with all the assistance you need to get your claim underway.

What Is Whiplash About?

Whiplash is what is termed a nonspecific injury. What this means is that the symptoms are generalised, and no root cause can be diagnosed. Instead, it is general damage to the neck muscles and ligaments. that combine to produce the symptoms of whiplash. These symptoms can include:

• Headaches ranging in severity from trivial to chronic.
• Having difficulty moving the head or general stiffness of the neck and shoulders.
• Pain in the neck that can range in severity from slight to severe.
• Muscles spasms in the shoulders or arms, as well as pins and needles or general numbness.

Two or more of these symptoms combined can be deemed to be a whiplash injury if the cause is viable. For example, if a patient has just been involved in a car accident and their neck was subjected to significant trauma, whiplash would be expected. However, if the patient has not suffered recent neck trauma, the diagnosing doctor might seek an alternative diagnosis.

Whiplash is a very difficult medical condition to treat, due to its nonspecific nature. Generally, whiplash treatment consists of prescribing painkillers and anti-inflammatory medication. The NHS has published detailed information about whiplash and its causes, symptoms and treatment.

Should I Make An Injury Claim Through My Own Insurance?

In general, it is not possible for you to make an AXA accident claim for an injury, such as whiplash, which you were the cause of. Most vehicle insurers specifically deny claims for self-inflicted injuries. Of course, you can claim against an AXA insurance policy held by a third party that caused an accident.

However, there is one situation whereby a claimant will claim against their own insurance provider. This happens when a knock-for-knock claim is in play. We will cover this in its own section below.

What Might An Insurance Provider Not Want You To Know?

It is in the best commercial interest of every insurance firm to pay the least compensation possible for every personal injury claim. There are some tricks that insurance companies use to try and get claimants to settle for less and we will cover these in later sections. You need to know that in order to maximise the amount of compensation you get, you should keep the following in mind:

• Generally, people who accept an early settlement offer receive less compensation.
• Using your own accident and injury solicitor can increase the level of compensation you receive.
• Legal advice will help you to decide whether accepting a pre-medical settlement is a good choice in your case.

Our claims team is available 24/7 to provide you with free legal advice related to your whiplash claim. Whether you have general questions about the claims process or specific questions about your own case, they can help you.

What Is A Split Liability Agreement?

A split liability agreement describes a situation whereby both parties involved in the accident share the blame. There are two possible scenarios here. In the first scenario, one party will have caused the accident, but the other party will have contributed to it in some way. For example, a driver pulls out of a side road into the path of an oncoming motorcyclist. The motorcyclist is late reacting to the hazard as they were looking for something in their tank bag and were not paying due care and attention. There is no doubt the driver of the car caused the accident by pulling out without looking. However, the motorcyclist might have avoided the accident had they not been distracted. In cases such as this, the two legal teams representing the defendant (the car driver) and the claimant (the motorcyclist) would agree on a reduced level of liability, and any compensation won would reflect this reduction.

In the second scenario, both parties involved in the accident will be equally to blame. This results in what is termed a knock-for-knock claim. Each party will claim against their own insurance for the harm they have suffered. This will, of course, have a negative effect on no claims bonuses and could increase the cost of vehicle insurance.

If you are unsure about who might be liable in your own claim, we can help. Talk to one of our claim advisors and they will evaluate your claim for you.

Should I Accept The First AXA Whiplash Claim Offer?

When you make an AXA whiplash claim, one of the first things that AXA will likely do is offer you a rapid settlement. This is often done automatically once AXA has admitted liability. Commercially, it makes sense for AXA to try and pay the least compensation possible. An early settlement is offered to try and tempt people into taking a quick settlement. Before you accept an early offer, consider the following:

• You are not under any pressure to accept the offer. You might find that you can get more compensation if you use an accident and injury solicitor to pursue the claim in court.
• You have plenty of time to reach a decision. In general, the time limit for making a claim is three years from the date of the accident.
• It doesn’t make sense to accept any offer of compensation before you know the extent of your injuries and whether you will make a full recovery.
• AXA may ask you to sign a document at this stage. Don’t do this. Have a solicitor check over exactly what you are signing first.
• AXA may have offered you free legal help. You don’t have to accept this help and you are free to appoint your own solicitor if you wish.

If you have received an offer of a settlement before the claim has been actioned, you may like to talk it over with our claims team to help you decide whether you should accept it or not.

Should I Accept An Offer Before I Have Seen A Doctor?

As we covered in the above section, every insurance firm attempts to minimise the amount of compensation that they have to pay claimants. One way to do this is to offer what is known as a pre-medical settlement. At this stage, you will not have undergone a medical examination by an impartial doctor, and you will not be in possession of critical information such as:

• How bad your injuries are.
• How long it will take you to recover.
• Whether you will have to pay for any private healthcare.
• Whether there is a possibility that you could be left with some form of long-term or permanent disability.

Without this information, a solicitor will not be able to value your claim accurately and tell you whether the pre-med settlement being offered is too low. Additionally, a pre-med settlement is not going to include certain types of damages, including:

• Lost income because you took time off work.
• Lowered income in the future because your capability to work will be negatively affected.
• Private medical costs, such as physiotherapy.
• Care costs such as hiring a nurse to help you out at home.

If you have been offered a pre-medical settlement by AXA, you might like to talk it over with our claims team. One of our advisors will help you to evaluate the settlement offer and help you decide whether it is a good idea to accept it or not.

Calculating Whiplash Injury Claims Against AXA Insurance

You may have tried using a personal injury claims calculator to get a rough idea of how much you could be able to claim in compensation. You might also like to look your injury up in this table below. The figures contained within have been taken from the Judicial College Guidelines, a legal publication used by solicitors and the courts to value claims. 

Edit

Type of Injury	Severity	Compensation Range	Details
Neck Injury	Minor (iii)	Up to £2,300	This compensation range is for soft tissue damage with full recovery within 3 months.
Neck Injury	Minor (ii)	£2,300 to £4,080	This compensation range is for soft tissue damage with full recovery within 1 year.
Neck Injury	Moderate (i)	£23,460 to £36,120	This compensation range is for fractures or dislocations that might need spinal fusion.
Neck Injury	Severe (iii)	£42,680 to £52,540	This compensation range is for dislocations, fractures and severe soft tissue damage which leads to severe conditions, extensive treatment and significant disability of a permanent nature.
Shoulder Injury	Minor (i)-(iii)	£2,300 to £7,410	This compensation range is for painful soft tissue damage to the shoulder where full recovery is made within in less than two years.
Shoulder Injury	Moderate (c)	£7,410 to £11,980	This compensation range is for soft tissue damage which takes over 2-years to recover from and also injuries like frozen shoulder.
Shoulder Injury	Serious (b)	£11,980 to £18,020	This compensation range is for shoulder dislocations or brachial plexus damage which results in movement loss with pain in the shoulder, neck and elbow.
Shoulder Injury	Severe (a)	£18,020 to £45,070	This compensation range is for brachial plexus damage which leads to significant disabilities.

If you would like to get a much more accurate estimate of the value of your claim, we can arrange for a solicitor to do this for you. Please call our claims team to proceed.

Other Compensation An AXA Personal Injury Claim Might Include

When a personal injury solicitor is successful in a claim, the claimant will be offered a settlement package that will be made up of two heads of claim: general damages and special damages. Here’s a bit more about each one:

• General damages – paid to compensate for physical and psychological harm, specifically for:
  • Suffering and pain – at the time of the accident and whilst receiving triage.
  • Stress and trauma – of the initial accident and subsequent emergency care.
  • Psychological harm – such as depression, anxiety or post-traumatic stress disorder.
  • Long and painful recovery – if the patient will have to undergo painful medical treatment for some time before they have recovered fully.
  • Long-term or permanent disability – if the patient will never recover fully and will have to live with a disability.
• Special damages – paid to compensate you for financial and other losses, such as:
  • Loss of current income – if you had to take time away for work and lost out on your wages/salary.
  • Lowered future earnings – if your injuries will leave you with a reduced capacity for work, or even unable to work at all.
  • Private medical costs – if you had to pay for treatment that wasn’t available for free on the NHS.
  • Costs of care – if you needed a nurse at home to care for you, or you had to hire carers to assist with day to day upkeep of your home.
  • Travel costs – to reimburse you for out of pocket expenses paid out for travelling to have your injuries treated, or to deal with any aspect of the claim itself.

If you would like to know the kinds of damages that may apply in your own claim, we can be of assistance. Call our claims team and speak to an advisor, they will evaluate your claim for you, and try to give you an indication of the kinds of damage you may be able to claim for.

No Win, No Fee AXA Car Insurance Whiplash Claim

It is possible to make AXA injury claims by using the services of a No Win, No Fee solicitor. This kind of fee arrangement is more correctly termed a Conditional Fee Agreement (CFA). Under a CFA, the solicitor enters into a contract with the claimant to provide legal services without any prior payment or payment of any fees during the claim. And if the case does not succeed, the claimant will not have to pay any of the costs the solicitor has incurred in pursuing the case. If the case comes to a successful conclusion, the solicitor may seek a small contribution toward their fees. This contribution is known as a success fee and forms a percentage of the compensation awarded. Don’t worry, success fees are legally capped and will be agreed with you before the claim begins.

When you first contact the solicitor and they begin working on your claim for you, then you won’t be charged any kind of new claims fee for the work to begin. You also will not be charged any ongoing legal fees while the claim is being processed. Some claims, especially complex ones, can take months to resolve. You won’t have to pay no matter how long it takes to process the claim.

As you can see, the financial risks involved in making a claim are almost entirely mitigated under a CFA. If you would like further information on how a CFA works, please talk to a member of our claims team. They will answer any questions you have.

Contact Our Experts Today To Make An AXA Car Insurance Whiplash Claim

Contact the Legal Expert claims team on 0800 073 8804, 24 hours a day, 7 days a week. They’ll discuss your circumstances with you, evaluate your claim, and if it has favourable prospects of success, will refer you to one of our specialist solicitors who’ll get to work right away. We look forward to hearing from you!

Claims Guides And References On Making An AXA Car Insurance Whiplash Claim

You may find these links to external sites have some useful information that is relevant to your claim:

NHS Inform Exercises For Neck Problems

UK Government Information On Whiplash Claims Reform

National Institute For Health And Care Excellence Information About Whiplash

You can also read over these addition guides we have published on this site:

• A Guide To How Long Whiplash Lasts
• Information On Whiplash Symptoms
• How Much Compensation Can Be Claimed For Whiplash?
• Hastings Direct Insurance Claims Guide
• Tesco Insurance Claims Guide
• Admiral Insurance Claims Guide
• Aviva Insurance Claims Guide

Written by Wheeler

Edited by Billing

How To Make Whiplash Claims Against Direct Line Insurance

It’s fairly common for somebody involved in a road traffic accident to suffer whiplash injuries. If the accident was caused by another driver’s negligence then it is only right that a compensation claim is considered. In this guide, we’re going to explain how to make whiplash claims against Direct Line insurance if that’s who the other driver holds a policy with. Also, we’ll explain what you can claim for, how much compensation you could be entitled to and how No Win, No Fee personal injury claims work.

Here at Legal Expert, we have a team of advisors who could help you begin a Direct Line insurance claim by offering a no-obligation assessment and free legal advice. Furthermore, if your case is strong enough, our personal injury solicitors could help you claim on a No Win, No Fee basis. If you’d like to discuss your options regarding a Direct Line whiplash compensation claim right away, please call 0800 073 8804.

Alternatively, to find out more about how to claim for whiplash through insurance companies, please continue reading.

Select A Section

• A Guide To Whiplash Claims Against Direct Line
• What Occurs During A Whiplash Injury?
• Should I Claim Against My Own Car Insurance?
• Whiplash Auto Insurance Claim Insights
• Could I Claim Against Direct Line If I Was Partially At Fault?
• Should I Accept The First Offer From Direct Line?
• What Are Pre-Medical Settlement Offers?
• Calculating Compensation Settlements Made Against Direct Line
• Other Damages You May Be Compensated For
• No Win, No Fee Claims Against Direct Line Insurance
• Talk To Us Today
• Claims Guides And Resources

A Guide To Whiplash Claims Against Direct Line

When claiming for whiplash, you have several options available to you. The claim could be made using your own policy, or, as we’ll explain in this guide, you could make whiplash claims against Direct Line insurance (and other insurers too) if the accident wasn’t your fault.

In this guide, we’re mainly talking about whiplash sustained in car accidents, but you could also make a personal injury claim if you’ve suffered whiplash due to an assault, an accident in a contact sport, an accident at work or a fall.

To be eligible to make a claim, you’ll need to be able to show that:

• You were involved in an accident;
• Which was caused by another road user’s negligence;
• And caused you to suffer whiplash (and possibly other injuries).

Also, you’ll need to ensure you’re claiming within the personal injury claims time limit. In general, this is 3-years from the date of the accident. Alternatively, the date can start from the date your injuries were diagnosed by a doctor. Later in this guide, we’ll explain exactly how No Win, No Fee agreements work and when a personal injury lawyer might offer one.

If you think that you could make a Direct Line car accident claim, why not call our team of advisors today? There’s no pressure or obligation to proceed and we’re happy to provide free advice about your options.

What Occurs During A Whiplash Injury?

As mentioned earlier, whiplash injuries can be caused by any number of different accidents. Essentially it occurs when a collision (either high or low speed) forces the head to move suddenly. Information from the NHS suggests that symptoms of whiplash aren’t always immediately present and can take several hours to become obvious. That might be because adrenaline masks the symptoms in the immediate aftermath of an accident.

Some of the more common symptoms of whiplash include:

• Mild to severe headaches.
• Neck pain.
• Head or neck stiffness which may make it difficult to move or turn the head.
• Muscle spasms and pain in the upper arms and shoulders.

Advice offered by the NHS suggests that you shouldn’t wear a neck brace because they don’t help with whiplash symptoms. Also, you might be tempted to rest your neck. In fact, the NHS says this won’t help and it might be better to try and carry on with everyday tasks. This might be painful but should help your recovery. Paracetamol and ibuprofen can be used as pain relief.

When thinking about whiplash claims against Direct Line insurance, we’d recommend you visit your GP (or local accident and emergency) if you suspect you’re suffering from whiplash. They are best placed to assess the severity of your injuries and provide the correct treatment. Furthermore, medical records from a doctor can be used as evidence in your claim as they could help prove how you suffered.

Should I Claim Against My Own Car Insurance?

Wherever possible, we’d recommend that if another driver is responsible for the road traffic accident which caused your whiplash injuries, you should claim against their insurance policy. Whiplash claims against Direct Line car insurance should mean that your own policy isn’t affected. For instance, your no claims bonus won’t be lost, your premium shouldn’t be affected and furthermore, you won’t have to pay a policy excess.

As you’ll see in the next section, and in our own experience, it’s better to claim against somebody else’s policy using a personal injury solicitor. Our solicitors have decades of experience handling road traffic accidents claims. Their experience means they’ve got specialist knowledge of how the process works and will strive to ensure you get as much compensation as possible.

If you’re not sure how to claim or which policy to claim against, please call and we’ll discuss your options once we understand what’s happened in your case.

Whiplash Auto Insurance Claim Insights

The Financial Conduct Authority, which regulates insurance providers in the UK, carried out research which concluded that you can receive higher compensation payments if:

• You use somebody to help you with a claim, such as a solicitor, and;
• You reject the first settlement amount offered by an insurer.

This is probably because any insurance company is acting in its own interests, not the claimants. They want to settle for as little as possible. Since they know what a typical whiplash injury costs them, they could try to offer you less in the hope that you settle quickly.

However, when you hire a personal injury solicitor to help you claim, they’ll be able to help you obtain medical evidence to try and justify a higher payment. This is important because compensation is paid to help with your recovery which means, if you accept a low settlement amount, you might find yourself out of pocket if the injuries persist longer than expected.

If you have been offered a car insurance whiplash compensation settlement offer and are not sure if it’s fair or not, please call and check with an advisor before accepting it.

Could I Claim Against Direct Line If I Was Partially At Fault?

If you were partially to blame for the accident which caused your injuries, whiplash claims against Direct Line insurance and other providers can be settled in a couple of different ways:

• Split liability claims: You might agree that although the other driver caused the accident, you could’ve been partly to blame. Therefore, you might agree that you were 25% to blame and they were 75%. If that’s the case, you can still claim against their insurance policy. The claim will be handled in the normal way and when a settlement amount is agreed, you’ll receive 75% of the total compensation.
• Knock-for-knock claims: When both parties agree that they were at fault, the insurance companies might agree to settle on a knock-for-knock basis. This means the companies will pay compensation to their own client. While this is good for the insurance companies as they’ll reduce their own legal fees, it’s not so good for you. While you will receive compensation, you might suffer in the future because your no claims bonus and insurance premiums might be affected. Also, you’ll probably have to pay the policy excess in knock-for-knock claims.

If you’re struggling to work out whether you should accept part of the blame for your accident, please call a member of our team. We’ll assess what happened and provide expert advice.

Should I Accept The First Offer From Direct Line?

There are times when an insurer might contact you directly following when they’ve been told about your accident. This is because they might want to make you a settlement offer. However, the first offer might not always be the one you should accept.

If you receive a call from the Direct Line claims number, here are some things we think you should consider:

• The amount they offer will probably be less than you’d be awarded by a court or if a personal injury solicitor was acting on your behalf.
• There’s no pressure to accept the offer because you could have up to 3-years from the date of the accident to settle.
• Ensure you’ve been assessed medically before accepting an offer. Without an assessment, you won’t know how your injuries are going to affect you both in the short and long-term.
• You don’t have to use a solicitor appointed by an insurer; you are free to choose your own.
• Check that you fully understand any paperwork you’re asked to sign.
• There’s no obligation to accept any offer you receive.
• Remember that if you accept an offer, it will be a final offer. There’s no option to go back and ask for more compensation in the future. That’s true even if your symptoms get worse over time.

What Are Pre-Medical Settlement Offers?

As with the previous section, during whiplash claims against Direct Line insurance, you might be contacted and offered a pre-medical settlement offer. We’d strongly recommend you do not accept these.

A pre-medical offer is made by an insurer without any medical evidence of what injuries you’ve suffered. That means you, and the insurer, don’t know the extent of your injuries yet. It might be tempting to accept a quick cash offer, but the chances are that the compensation won’t be enough.

So why would an insurer make this type of offer? Well, in short, it’s to save them money. They’ll know from their own claims data the typical amount of compensation paid out for whiplash injuries. Therefore, if they can settle early, they’ll reduce how much they pay and save on legal fees too.

A major problem with accepting a pre-medical offer is that you don’t know how your injuries will affect you. They might only be short-term but what if the injuries persist and cause you problems for years to come? As any settlement offer is final, you won’t be able to receive any more compensation which means you could suffer physically as well as financially.

If, however, you turn down a pre-medical offer and use one of our solicitors to help you claim, you’ll receive a medical assessment from an independent doctor. Using the report from the medical assessment, your solicitor will be able to ask for the correct amount of compensation and justify it with medical evidence.

Calculating Compensation Settlements Made Against Direct Line

To help you understand the types of compensation paid out in whiplash auto insurance claims, we’ve provided the personal injury claims calculator table below. While it’s impossible to say what amount of compensation you’ll receive, as every claim is different, it gives an idea of some amounts paid for certain injuries. These figures have been taken from the Judicial College Guidelines, a legal publication used by solicitors and the courts to value claims. 

Edit

Type of Injury	Severity	Compensation Range	Details
Neck Injury	Minor (iii)	Up to £2,300	This compensation range is for soft tissue damage with full recovery within 3 months.
Neck Injury	Minor (ii)	£2,300 to £4,080	This compensation range is for soft tissue damage with full recovery within 1 year.
Neck Injury	Moderate (i)	£23,460 to £36,120	This compensation range is for fractures or dislocations that might need spinal fusion.
Neck Injury	Severe (iii)	£42,680 to £52,540	This compensation range is for dislocations, fractures and severe soft tissue damage which leads to severe conditions, extensive treatment and significant disability of a permanent nature.
Shoulder Injury	Minor (i)-(iii)	£2,300 to £7,410	This compensation range is for painful soft tissue damage to the shoulder where full recovery is made within in less than two years.
Shoulder Injury	Moderate (c)	£7,410 to £11,980	This compensation range is for soft tissue damage which takes over 2-years to recover from and also injuries like frozen shoulder.
Shoulder Injury	Serious (b)	£11,980 to £18,020	This compensation range is for shoulder dislocations or brachial plexus damage which results in movement loss with pain in the shoulder, neck and elbow.
Shoulder Injury	Severe (a)	£18,020 to £45,070	This compensation range is for brachial plexus damage which leads to significant disabilities.

As you’ll notice, every injury has a severity associated with it. This means that a minor injury is awarded less compensation than a severe injury. Therefore, your solicitor needs to demonstrate, with evidence, the exact nature of your injuries. This will help ensure you receive the right level of compensation for the suffering caused by your accident.

Once our advisors have assessed your claim, a solicitor could let you know about how much compensation you could be entitled to. The figures above are for one part of your claim. To find out what else could be included, please see the next section.

Other Damages You May Be Compensated For

A compensation package can be made of two heads of claim: general damages and special damages. General damages are awarded for the pain, suffering and loss of amenity inflicted by the injuries. The valuations of general damages have been outlined in the table above. Special damages are awarded to compensate you for any financial losses or expenses that may have been incurred, or perhaps will be incurred in the future. Here are some examples of the types of damages you can claim for: 

• Medical Costs – You might think that because the NHS provides free treatment, there won’t be any medical costs to claim. However, the cost of prescriptions and over the counter medicines can soon build up.
• Travel Costs – If you make trips to and from the doctor or a hospital, you could claim back fuel costs and parking costs as part of your claim. Also, if your injuries prevent you from driving, you could claim for any alternate travel arrangements you pay for.
• Care Costs – In some cases where professional care is required to help you recover, the cost of the carer could be included in the claim.
• Loss of Earnings – Should you need time off work because you need to visit a doctor or to recover if you lose any income it could be included in your claim. Furthermore, in cases which affect you in the long-term, you could include future lost income too.
• Damaged Property – When items such as clothing, spectacles, phones or jewellery are damaged in an accident, you could ask for the cost of replacing them. In some cases, you could ask for the costs of repairing the item too.

To help your solicitor claim for special damages you should try to keep hold of receipts, parking tickets or bank statements which show the expenditure. Also, we recommend that you keep a diary of your spending because it can be quite tricky to remember every last detail when your solicitor goes through your claim with you.

Finally, if you are unsure whether you’ll be able to claim an expense back, please check with your solicitor before committing to it. They should be able to advise you and explain whether it can be claimed back or not.

No Win, No Fee Claims Against Direct Line Insurance

When a No Win, No Fee solicitor takes on a case, they’ll provide you with a Conditional Fee Agreement or CFA. This is the contract between you and the solicitor. Before they do that, though, they’ll have to check if your case is strong enough as they risk not being paid if the claim does not succeed.

When you are both happy to continue, you’ll sign the CFA. It will explain that you do not have to pay any fees upfront or during the claim and that if your claim is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.

In the event your claim is successful, your solicitor may ask for a small contribution toward their fees. This is known as a success fee and would be deducted from the compensation awarded at the end of the claim. Don’t worry, success fees are legally capped and will be agreed with you before the claim begins. 

Our solicitors can handle whiplash claims against Direct Line insurance on a No Win, No Fee basis. This way, you have financial peace of mind and confidence to pursue justice. To find out if you’re eligible to claim on this basis, please get in touch.

Talk To Us Today

Hopefully, you now know all you need to about making whiplash claims against Direct Line insurance. If you are ready to begin a claim using Legal Expert, then you can contact us by:

• Telephone: Call our team of friendly professional advisors today on 0800 073 8804.
• Live Chat: Speak online to an advisor from any page throughout this website.
• Email: Send details of your claim to info@legalexpert.co.uk and we’ll get back to you.
• Online: Submit your claim using our online claim form and we’ll call back at a convenient time.

You can contact us 24-hours a day and 7-days a week. Our advisors are friendly and experts in making claims so they won’t waste your time with irrelevant questions.

When you get in touch, we’ll start by offering a free assessment of your claim. We’ll look at what happened and also what evidence you have to support the claim. There’s no obligation or pressure on you to proceed but if we believe your claim is strong enough, we could introduce you to one of our No Win, No Fee personal injury solicitors.

Claims Guides And Resources

Finally, now you’ve reached the end of this guide about whiplash claims against Direct Line insurance, we’ve decided to provide some further links, guides and resources which we hope you’ll find helpful. 

Whiplash Injuries – This helpful guide from the NHS covers whiplash injuries, treatment and advises on when you should see a medical professional.

Claims Process For Whiplash – A government consultation about how whiplash claims are processed and handled.

Health And Safety Executive – The HSE provide resources for employers to help prevent accidents at work so that injuries to employees are avoided.

Road Traffic Accident Claims – A more in-depth look at when you could claim compensation for injuries sustained during a road traffic accident.

Claims For Assault Injuries – Whiplash can be caused by crimes such as assault. Therefore, you may find this guide useful.

Accident At Work Injury Claims – This up to date article explains when you could claim for injuries caused by an accident at work.

Other Guides You Can Read

• Hastings Direct Insurance Claims Guide
• Tesco Insurance Claims Guide
• Admiral Insurance Claims Guide
• Aviva Insurance Claims Guide

Thanks for reading our guide about whiplash claims against Direct Line. If you need any further information or advice, please call and speak with a member of our team.

 

Written by Hambridge

Edited by Billing

By Stephen Hudson. Last Updated 16th October 2024. Welcome to our guide about personal injury solicitors for Newcastle based accidents and injuries. Have you had an accident or injury in the Newcastle-upon-Tyne area? If so, this handy guide contains everything that you need to know in order to make a successful claim. We will show you why you do not need to use personal injury solicitors based in Newcastle or your local area, the different types of accidents and injuries you could claim compensation for, what a No Win No Fee claim is, and how our expert team could help you.

Whether you live in Newcastle-upon-Tyne or anywhere else in Great Britain, our panel of solicitors could help you to claim compensation. We can organise for you to have a local medical assessment and make the process of claiming compensation as carefree as possible.

Select A Section

1. Legal Expert’s Research Into Personal Injury Claims Against The North of Tyne Combined Authority
2. An Overview Of Personal Injury Claims
3. How To Make A Personal Injury Claim?
4. Do I Have To Use Personal Injury Solicitors In Newcastle?
5. No Win No Fee Personal Injury Solicitors For Newcastle

Legal Expert’s Research Into Personal Injury Claims Against The North of Tyne Combined Authority

Research led by Legal Expert has uncovered that personal injury claims cost the North of Tyne Combined Authority a total of £266,669.31 in the past year.

The combined number of claims submitted to Newcastle City Council, Northumberland County Council and North Tyneside Council was 321 from April 2022 to April 2023.

North Tyneside Council paid out the most personal injury compensation (£163,667.60), followed by Newcastle City Council (£96,589.71) and Northumberland County Council (£6,412). 

Pothole accidents were a significant problem for all councils, as were slip, trips and falls. 

Causes for personal injury claims submitted against Newcastle City Council included tripping accidents on kerbs, paving stones and manhole covers. 

Northumberland County Council also had claims submitted against them for problems with uneven flags.

Handling, lifting and carrying accidents were among some of the reasons for claims against North Tyneside Council.

Any local authority within the North of Tune Combined Authority has a duty of care to maintain any premises, spaces or highways they control and ensure they are reasonably safe for employees and visitors.

If you have been injured in an accident caused by council negligence, get in touch for free advice from our friendly advisors. They could also connect you with our experienced personal injury solicitors.

An Overview Of Personal Injury Claims

A personal injury claim is a type of legal action that people can take in order to seek compensation for an accident or injury which was caused by someone else. These types of claims can be made to claim for both pain and suffering which has been caused by the actions of another party.

The injury might have happened in an accident at work, or whilst on the road. You may be have been the victim of medical negligence, or suffered food poisoning in a restaurant. However you were hurt, if someone else was to blame, you can claim compensation for the harm caused to you.

The claim itself is the legal act of establishing that the defendant is liable for your accident, that they caused the accident and your injuries.

Claims should usually be started within in a three year period which could begin at the date of your injury, or at the date that you find out that the injury was connected to or caused by an accident. Any personal injury solicitors for Newcastle you hire will take you through what a personal injury claim is, and how they can help you.

How To Make A Personal Injury Claim?

If you have experienced any kind of physical or psychological injury and you want to make a personal injury claim, you will need to know the basics of making a claim and how you can fund your claim through a No Win No Fee service.

In most instances, your claim can be settled far before it reaches the courts. However, it is still important for you to have a solicitor to handle the claims process. You will need to be able to clearly show your solicitor, and thus the opposing solicitor or a court, that the defendant did act is such a way as to cause you harm, to be able to claim.

If you do have the basis for a claim, it is highly likely that you will be able to make a claim funded through a No Win No Fee agreement. This means that no money needs to change hands until the successful resolution of the claim.

How much compensation you could receive will be based on how severe your injury (physical or psychological) was, as well as other losses and expenses that you have incurred.

Does My Injury Qualify For A Claim?

Despite suffering an injury, you are not automatically able to claim compensation from someone else. On some occasions, accidents do not have a person at fault to make a claim against. However, in most instances, there may be a personal injury case to be answered.

The most common circumstances which lead to an injury and which are eligible for you to make a claim with a personal injury solicitor are;

• Medical negligence.
• Accidents and injuries in the workplace due to employer negligence.
• Poorly maintained roads or footpaths.
• A defective item.
• Contaminated or spoiled foods.
• Poor or dangerous driving.

In order for you to successfully claim compensation with Newcastle personal injury solicitors, you will need to show that someone else did cause the accident and that they did owe you a duty of care. In general, your claim will be brought against either an individual, company, local authority or other organisation, in short, the person or body responsible.

Do I Have To Use Personal Injury Solicitors In Newcastle?

Whilst you can choose personal injury solicitors in Newcastle to handle your claim, you do not have to. The skill set and experience of the solicitor are likely to be far more important to you than their location. You want a lawyer who will get you the best result possible.

At Legal Expert, our solicitors have years of dedicated experience in handling the following types of claims:

• Car Accident Claims
• Accidents At Work
• Public Liability Claims (accidents in public places)
• Medical Negligence (also known as Clinical Negligence)
• Serious Injury Claims
• Birth Injury Claims

Please click any of the links for more information about these topics.

Our service is nationwide as we can conduct your case via phone, email or video call. We also have access to medical experts across the UK and specifically in Newcastle. In addition, should court proceedings become necessary, your case can be heard in Newcastle Civil and Family Court located at Barras Bridge near the Northumbria University campus.

For further information, please read our reviews, consider our ‘Excellent’ Trust pilot score or reach out to an advisor.

No Win No Fee Personal Injury Solicitors For Newcastle

Those seeking personal injury solicitors for a Newcastle injury claim are welcome to contact our advisors today. If they determine you have a strong case, then they could connect you with one of our No Win No Fee solicitors.

Our solicitors can support a claim for a personal injury you suffered in Newcastle under a Conditional Fee Agreement (CFA). A CFA normally provides the following conditions:

• You won’t need to pay your solicitor for their work before your claim can start or while it is in progress.
• If your claim is not a successful one, then you normally won’t be required to pay your solicitor for their work.
• If your claim does succeed, then your solicitor will receive what’s often called a success fee, by deducting a small percentage of your compensation. The success fee is legally capped to make sure that you’ll keep most of your award or settlement.

To learn more about our personal injury solicitors for Newcastle based injury claims can help you, you can:

• Fill out one of our contact forms to have us give you a callback
• Use our 24/7 live chat feature
• Or call us on 0800 073 8804

Holidays to Poland have become more and more popular with British tourists over recent years and while most people have a great time some are less lucky and end up sustaining an injury in the hotel. If you have had an accident in a Polish hotel which was caused by somebody else’s mistake, then you can call Legal Expert now to begin your claim against the hotel responsible.

If you would like to know more before making your claim, then carry on reading, as this hotel accidents claim guide will provide you with all of the information you will need to make your claim easier.

Select A Section

• A guide to hotel accident claims in Poland
• When can I make a claim against a hotel in Poland?
• Do I have grounds to make a hotel accident claim in Poland?
• I was hurt slipping over at a hotel in Poland, can I claim compensation?
• Claim compensation for Polish hotel food poisoning
• Eligibility to claim for bed bug injuries
• I was injured in a lift, can I claim compensation?
• Claim for a hotel swimming pool accident
• Old or damaged furniture causing accidents and injuries
• What should you do if harmed on your hotels grounds?
• I was injured at a hotel in Poland, what could I make a compensation claim for?
• Hotel accident claims time limits in Poland
• Poland hotel accident claims calculator
• No win no fee hotel accident claims in Poland
• How we can help victims of hotel accidents in Poland
• Begin your claim today
• Helpful links

A Guide To Hotel Accident Claims In Poland

Millions of Brits visit Poland every year and have a great time, whether they are staying at a mountain lodge hotel or a city hotel, the country has some beautiful sights and some great hotels but accidents in hotels do happen and can lead to long term injuries or illnesses and can ruin your holiday.

A hotel accident claim in Poland can be made if the hotel, or it’s staff, could have done something to prevent your accident. This guide will help you by explaining what to do in the event of an accident, the types of accidents which could have happened to you, claim time limits to start your case in, and more.

The types of accidents that we’ll cover include:  Food poisoning; Slips, Trips and Falls; Injuries caused by damaged furniture; Swimming pool injuries; Bed bug bites and Injuries caused by lifts.

This list isn’t extensive, we know there are other injuries and accidents that can happen and, if your injury isn’t listed then please make contact with us and we’ll begin the claims process with you.

When Can I Make A Claim Against A Hotel In Poland?

The main reason for making a claim against a hotel is when they could have prevented your accident from occurring.  All hotels have a duty of care to protect their guests and to make regular risk assessments and then act upon any risks that have been highlighted.

This could mean, for instance, that a faulty oven is repaired as it isn’t getting hot enough or a railing fixed on a balcony as it has become loose. If these types of problems are highlighted but not acted upon then the hotel has failed in its duty of care. If you are injured because of a defect, you can make a hotel personal injury claim against the hotel (you’d never claim against a member of staff as the company that employs them is liable and has insurance to cover staff mistakes).

The hotel can be claimed against directly or, if you booked your holiday as part of a package holiday, then you can claim against the package holiday tour operator. Package holidays are covered by special regulations which offer British tourists further protection for hotel accident claims in Poland.

Do I Have Grounds To Make A Hotel Accident Claim In Poland?

You are eligible to make hotel accident claim in Poland if the accident was somebody else’s fault. You need to be able to prove that the accident could have been prevented, that a member of the hotel staff had been negligent or health and safety has not been taken seriously and such neglect meant that you suffered an injury due to this.

Guests, visitors and staff can all complete a hotel accident claim if their injury was caused by somebody else.

I Was Hurt Slipping Over At A Hotel In Poland, Can I Claim Compensation?

If you have a slip, trip or fall in a Polish hotel which was caused simply because you failed to look where you were going, not paying attention or messing around then the hotel would not be to blame and you couldn’t make a claim. However if there was something the hotel did, or didn’t do, that caused you to slip and become injured then you definitely could make a claim.

Causes of slips that could lead to compensation for falls include:

• Uneven or damaged flooring (which can be inside or outside the hotel).
• Slippery floors that haven’t been highlighted with warning signs.
• Poor lighting which prevented you from seeing a trip hazard.

All of these are reasons for a fall that you couldn’t control and, as such, could mean you’re eligible to claim.

The types of injuries that can be caused by falls include: Broken bones, spinal injuries, soft tissue damage, head injuries and muscle strains and tears. Some can be resolved by a simple operation (resetting a fractured arm) but others may lead to multiple surgeries and may result in you not ever fully recovering or getting the full use of the limb back to what it was prior to the accident.

Claim Compensation For Polish Hotel Food Poisoning

Food poisoning occurs when food isn’t stored, prepared, cooked or reheated properly and can lead to life-threatening illnesses. The hotel should ensure the highest hygiene standards are upheld in food preparation areas and also in areas where food is served.

As well as the illnesses caused by poor food handling there are also some illnesses, caused by food poisoning, that can spread by contact such as noro virus. The hotel can prevent this by offering hand sanitisers around the hotel and certainly for guests entering restaurants. If this hasn’t happened and you are diagnosed with any food poisoning related illnesses, then you could make a compensation claim as the hotel hasn’t done enough to prevent the spread of illness.

Eligibility To Claim For Bed Bug Injuries

A bed bug compensation claim is not something you’d really expect to be making when you book your hotel, but it can happen if hygiene isn’t of the highest standard in the hotel. Bed bugs aren’t dangerous but can lead to painful bites and cause rashes which you can claim. Bed bugs can be spread easily and can get into your clothing and when you return home, your own house can become contaminated. The cost of removal of the bed bugs from your house could also be claimed as part of your compensation as it can be expensive and difficult without professional services.

I Was Injured In A Lift, Can I Claim Compensation?

A lot of larger hotels would be very difficult to navigate without the use of lifts and carrying luggage up and down stairs would be very difficult but if they go wrong or aren’t maintained properly and you are injured due to a faulty lift then you could make a personal injury claim against the hotel. If you are stuck in a broken-down lift for any amount of time or have an injury in a lift because it has jolted (i.e. not operated in a smooth action) then you could make a claim.

Claim For A Hotel Swimming Pool Accident

Hotel swimming pools, when maintained and supervised properly, are great fun or somewhere to relax and enjoy your stay but can also be a common place for accidents. The types of accidents and illnesses that can occur (and could’ve been prevented) include:

• Slips and trips in areas where excessive water hasn’t been cleared up or warning signs used such as in the changing room.
• Illnesses caused by water-borne infections due to lack of cleaning or following the maintenance schedule properly which can lead to food-poisoning type illness.
• Burns or scalds in saunas where safety controls have not worked properly.

As you can see, swimming pool related hotel accident claims in Poland can be for anywhere around the pool, not just in the pool itself.

Old Or Damaged Furniture Causing Accidents And Injuries

Hotels should maintain, repair or replace furniture in rooms on a regular basis but it doesn’t always happen. If you have been injured because a chair broke when you sat in it or a damage railing on a balcony or in a bathroom caused you to lose your balance, then you could be able to claim compensation. It would be worth photographing any defect that you believe caused the accident.

Anything in your hotel room that is damaged, faulty or broken should be reported to hotel staff immediately especially in the case of electrical items which can cause burns or electrical shocks.

What Should You Do If Harmed On Your Hotels Grounds?   

If you’re injured in an accident in a hotel there are a number of things you can do that will make hotel accident claims in Poland easier to process when you return to the UK including:

• Photograph the scene of the accident and get as much detail in it as possible – especially what you believe was the root cause of the accident.
• Ask witnesses for their contact details and, if possible, ask them to write down what they saw.
• Report your accident to the hotel staff and your package holiday rep (if you’re on package holiday). This should be recorded in some sort of logging system so ask for a copy or take the name of the person you reported it to.
• It goes without saying that you should seek medical treatment. Sometimes injuries don’t present themselves immediately and so, especially in the case of head injuries, you should seek medical advice. In Poland you can get free or reduced cost treatment at public hospitals if you have a EHIC travel card or if you have travel insurance you may be eligible to use a private hospital.
• Another useful tip is to write down the date and time that the accident happened and, if in a hotel room or restaurant, make a name of the room number or restaurant name as it’s very easy, when you’ve been back in the UK for a few weeks, to completely forget small details like these.

All of these steps will hopefully make claiming for your hotel accident easier when you return to the UK and Legal Expert will contact people like doctors and witnesses to gather as much evidence to support your claim as possible.

Obviously, when you’re on holiday, you should be enjoying yourself and not looking for accidents that could happen but, if the unfortunate does happen, then try to take as many of the steps listed as possible and it could make your claim much easier to process.

I Was Injured At A Hotel In Poland, What Could I Make A Compensation Claim For?

Hotel accident claims in Poland can involve a number of elements and it’s important that personal injury solicitors gather all of the evidence for each element before submitting a claim.   The elements that make up an accident abroad claim are:

• General Damages: This is the element that deals with the pain and suffering that was inflicted on you because of the accident.  There is defined laws around how much a certain injury is worth, depending on the severity and it is up to your personal injury lawyer to prove this – usually by using medical records or consultants.
• Medical Expenses: If you’ve had to pay for treatment or prescription medicines because of your injury you can claim these costs back as part of the claim for compensation.
• Travel Expenses: There are a number of reasons you may claim travel costs when making a Polish accident claims including the cost of returning to the UK earlier or later than planned which meant your return ticket was invalid or if you have to travel to receive medical treatment (either in Poland or when you’re back in the UK).
• Care Costs: If you’ve had to have somebody to help you because you were unable to do normal things yourself due to your injury then that persons costs can be claimed for. For instance, if somebody had to fly out to Poland to assist your return or if you’ve had to pay somebody to help out at home as you’re unable to complete day to day tasks because of your injury.
• Personal Property Claim: If anything was damaged at the time of your accident such as clothing, spectacles, watches or mobile phones then the cost of repair or replacement could be added.
• Loss Of Earnings: If your accident abroad meant you had to take time off from work, or even worse had to change job or stop working altogether then we could look at adding the lost earnings and future lost earnings to any claim.

As you can see all of the elements, except for general damages, are to reimburse you for any costs that you’ve incurred because of your accident. It would be wise to keep any receipts for any items as they will be used as evidence to support your claim.

Hotel Accident Claims Time Limits In Poland

It is the case in most countries, including Poland, that to claim compensation for a hotel injury you must submit it within strict guidelines. This table shows the types of personal injury claims and how long you have to submit them:

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Type of personal injury claim	Time limit to begin claim
An accident in a Polish hotel but booked through a UK package holiday	3 years may very
An independently booked hotel in Poland accident	3 years (can vary)
On a flight, that you booked yourself, to or from: – Warsaw Chopin Airport – Warsaw Modlin Airport – Krakow John Paul II International airport	2 years

All time limits can vary.

The time begins from the moment you had the accident or from the date you became aware of the injury i.e. if a doctor diagnosed an illness or injury further down the line that you weren’t aware of as it didn’t present with obvious symptoms.

If you’re unsure if your hotel claim is within the time limits, then please give us a call and we’ll discuss the dates with you. The best advice would be to begin your claim as soon as possible so that you don’t miss out on any compensation that may be due to you.

Poland Hotel Accident Claims Calculator

There are sites on the Internet that claim to have a hotel accident claims calculator but at Legal Expert we know, from the years of experience in making personal injury claims, that every case is unique and so a calculator is not always very accurate. What we can do is show you the table below which shows what amounts certain types of injuries can be awarded as general damages:

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The type of injury sustained	Comments	Payout range for type of injuy
Minor injuries	Injuries where there is a full recovery within three months.	£1,200 to £2,150
Minor injuries	Injuries where there is a full recovery within one month.	£600 to £1,200
Minor injuries	Injuries where there is a full recovery within a week.	£100 to £600
Fractures of Cheekbones	Serious fractures requiring surgery	£8,940 to £13,840
Multiple Fractures of Facial Bones	Some facial deformity of a permanent nature.	£13,080 to £21,000
Severe Knee Injuries	Less severe disability.	£22,960 to £38,120
Severe Knee Injuries	Leg fracture extending into the knee joint.	£45,700 to £61,140
Severe Knee Injuries	Serious knee injury where there has been disruption of the joint.	£61,140 to £84,360
Wrist Injuries	Significant permanent disability, but where some useful movement remains.	£21,480 to £34,340
Wrist Injuries	Complete loss of function.	£41,760 to £52,490
Shoulder Injuries	Severe	£16,830 to £42,110
Neck Injuries	Severe Associated with incomplete paraplegia or resulting in permanent spastic quadriparesis.	In the region of £130,060

Remember this is only a guide and every case is different. If you were injured in Poland and your injury isn’t listed, then don’t worry as we’ve only picked a sample of injuries but can help with claims for any accident at a hotel in Poland.

No Win No Fee Hotel Accident Claims In Poland

There are clients who’ve told us how worried they are about the cost of legal fees when using a personal injury solicitor. There are solicitors who charge their clients by the hour, even if they win or lose the case and the client can end up with a huge legal fee with no result but that’s not how Legal Expert work.

We offer a risk-free solution called a conditional fee agreement (or CFA but better known as a no win no fee agreement). We think it is the fairest way to make a personal injury claim as it means if we don’t get you compensation for your injury then you don’t have to pay a penny.

When you register your claim with us, and we agree to take the claim on, we provide you with a copy of the no win no fee CFA document which explains the percentage of your compensation that we’ll charge if we are successful and that if we don’t win anything then you don’t pay anything at all. Once the percentage has been agreed, it won’t change regardless of how long the claim takes to process.

This way there are no surprise fees at the end of your case and you don’t need to spend the whole of the case worrying about the bill if you lose.

How We Can Help Victims Of Hotel Accidents In Poland

Our team, based in the UK, are friendly and professional and work with clients in a clear and concise way but without bombarding them with legal jargon. We have worked with many clients over many years making all sorts of personal injury compensation claims including those who’ve been injured in Poland.

We will keep you informed throughout the process and if an offer of compensation is made by the hotel then we’ll let you know the amount and if we think it is a fair amount for your injuries.

We’re available when you need us and can answer any queries you may have along the way.  Our specialists are available quickly when you need us and contactable in a number of different ways (detailed later on) meaning you can contact us easily.

Begin Your Claim Today

If, after reading this guide about hotel accident claims in Poland, our no win no fee service and our friendly professional team of personal injury solicitors, you’re ready to make a claim with us then there a number of ways to get in touch:

• Call us free on 0800 073 8804
• Email the team on info@legalexpert.co.uk
• Live chat with our specialist advisors from any page on our site

Please get in touch even if you still have any questions and we’ll do all we can to answer them for you.

Helpful Links

Hopefully you’ve read enough about hotel accident claims in Poland to begin your claim, here are some more useful links in case you need further information:

Healthcare in Poland – A guide to getting treatment in Poland from the NHS

Travel guide for Poland – A guide from the British government

Package holiday claims guide – Our guide about accidents on a package holiday, not just in the hotel.

Package holiday regulations 1992 – This is the set of regulations, written by the British government to add extra protection for tourists who book through package holiday providers.

If you have any more questions or queries regarding this claims guide or your own claim, then please get in touch with Legal Expert today.

Edited by Melissa.