Negligent eye surgery could leave you with life changing injuries. In the most serious cases, it could leave you with sight loss or blindness in both eyes. In this guide, we look at how and when you could make a negligent eye surgery claim.

Our guide provides information on the criteria a clinical or medical negligence claim must meet. We then explore types of surgical negligence before looking at the claims process where we cover how to prove your case and how long you have in which to begin a claim. You can find information on how a compensation claim may be calculated as well as details of how a No Win No Fee solicitor could help you.

If you are ready to begin your claim or want to learn more, contact our team.

• Dial 0800 073 8804 to talk to an advisor.
• Start a claim online by requesting a call back from our team.
• Click on the live chat below for more information.

Browse Our Guide

• Can I Make An Eye Surgery Claim?
• What Types Of Eye Surgery Negligence Can I Claim For?
• How Do I Prove That Medical Negligence Caused My Eye Injury?
• How Long Do I Have To Make An Eye Surgery Claim?
• What Compensation Could I Receive For Eye Surgery Negligence?
• Make A Medical Negligence Compensation Claim On A No Win No Fee Basis
• Learn More About How To Claim For Medical Negligence

Can I Make An Eye Surgery Claim?

If you are undergoing medical treatment, such as laser eye surgery, the medical professional carrying out your treatment owes you a duty of care. Whether you are being treated by the NHS or a private healthcare provider, they must meet expected professional standards. If they fail to do so, causing you harm, you could claim compensation.

In order for your eye surgery claim to be successful, you must meet the following eligibility criteria. These are that,

• A healthcare or medical professional had a duty of care to you. This is automatic if you are under their care.
• This duty of care has been breached. For example, a surgeon failed to properly carry out a surgical procedure on your eyes.
• You sustained unnecessary harm because of this breach. This could include loss of vision or blindness.

Please contact us to find out if your circumstances qualify to make a negligent eye surgery claim.

What Types Of Eye Surgery Negligence Can I Claim For?

There are several different types of eye surgery which patients may undergo. If carried out negligently, any of these could result in an eye injury, such as sight loss or other harm to your vision.

In the following sections, we look at different types of eye surgery, how negligence could occur, and how you could be harmed as a result of this.

Retinal Detachment Surgery Compensation Claims

Retinal detachment surgery involves repositioning the patient’s retina to prevent sight loss. Examples of medical negligence could include:

• Where the medical professional did not fully dilate your pupil to examine the back of your eye. They may miss key symptoms.
• Where medical professionals do not take account of all of your symptoms and misdiagnose you with a different condition.

If left untreated, retinal detachment could lead to life changing injuries, such as loss of sight.

Laser Eye Surgery Compensation Claims

There are several common types of laser eye surgery. These include LASEK, LASIK, PRK surgeries. These direct a laser at the retina and are used to correct long and short-sightedness. Examples of negligence may include:

• Failing to complete safety checks on equipment prior to usage, resulting in the use of defective equipment which causes harm.
• Where you were given poor postoperative care leading to eye injuries, such as an infection.

You may be able to make a laser eye surgery compensation claim if harmed in the circumstances above.

Diabetes Eye Surgery Compensation Claims

Diabetes can cause damage to blood vessels, such as those in your eyes. This can cause harm to your vision.

• Negligent ophthalmic surgery could affect or harm your vision.
• The signs of diabetes were not diagnosed early enough and you suffered sight loss caused by diabetic retinopathy.

Glaucoma Eye Surgery Compensation Claims

Glaucoma surgery is carried out to relieve pressure by removing excess fluid from the eye(s). Negligence could include:

• Delayed diagnosis or treatment which leads to permanent vision loss or blindness.
• Where medical professionals provided incorrect glaucoma treatment. This may cause your condition to become worse, impacting your vision.

Whether you have been harmed by negligent cataract surgery, ophthalmic surgery or another type of surgical error, you could claim compensation. Please get in touch with our team today for more information.

How Do I Prove That Medical Negligence Caused My Eye Injury?

Successful ophthalmic negligence claims require you to provide clear proof that they satisfy the eligibility criteria. This is a key part of the process of claiming for clinical negligence. You could submit the following as evidence of your claim:

• A copy of your medical records. Your records should show your initial symptoms and diagnosis as well as any treatment given. These should also show what further harm you suffered and what treatment was necessary.
• Details of any correspondence between yourself and your healthcare provider. This may include letters from the hospital or your GP surgery.
• Photographs of any visible eye injuries, such as scarring.
• The contact details of anyone who was witness to the negligent treatment.

One of our medical negligence solicitors could help you to collect evidence to prove your eye surgery claim. For more information, please contact our team.

How Long Do I Have To Make An Eye Surgery Claim?

Medical negligence claims, such as an eye surgery claim, must be made within the applicable limitation period. How long you have to claim is set out in the Limitation Act 1980. The standard time limit to begin a claim is three years.

This period could begin either the date on which the medical negligence occurred, or, if later,  the date on which you discovered that you had been harmed by medical negligence (known as the date of knowledge).

There are potential exceptions to this time limit. For example, in the case of a child eye surgery compensation claim, the time limit will not commence till they turn eighteen. Prior to this, an adult may claim on their behalf.

Please get in touch with our team for more information on when and how to claim on behalf of someone else.

What Compensation Could I Receive For Eye Surgery Negligence?

One of the most common queries with any type of medical negligence claim is how much compensation you may be awarded. Each eye surgery claim is individually assessed and valued.

However, we can look at how your compensation payout may be calculated.

Claims for medical negligence may be awarded both general and special damages. General damages may compensate you for any pain and suffering caused. Special damages may be awarded for the financial impact of your eye injury.

Those involved in calculating compensation for negligent eye surgery may use guidelines published by the Judicial College (JCG). These guidelines include those for different types of injury (such as different eye injuries) at different levels of severity. For example, compensation for loss of sight in one eye may differ to loss of sight in both eyes.

Examples Of Eye Injury Compensation

Below, we look at examples of compensation for different types of eye injury.

• Multiple serious (eye) injuries and financial losses – up to £1,000,000 plus. This figure is not taken from the JCG.
• Total blindness and deafness, considered to be among the most devastating injuries – in the region of £493,000.
• Total blindness – in the region of £327,940.
• Loss of sight in one eye with reduced vision in the other. Where there is a serious risk of the remaining eye further deteriorating – £117,150 to £219,400.
• Loss of sight in one eye with reduced vision in the other. Where there are problems such as double vision in the remaining eye – £78,040 to £129,330.
• Total loss of one eye – depending on age, cosmetic effect and psychological reaction – £66,920 to £80,210.
• Complete loss of sight – one eye – £60,130 to £66,920.
• Serious, but not total, loss of sight in one eye with no significant risk of losing sight in the other – £28,900 to £48,040.
• Permanent, but minor, impaired vision in either both or one eye – £11,120 to £25,600.
• Minor eye injuries – £4,820 to £10,660.

Partial or full loss of sight in either one or both eyes could have a serious and life long impact on you. In addition to being compensated for potentially life changing injuries themselves, you could also claim for their financial impact. This may include:

• Medical care and treatment costs.
• The cost of adapting your home or vehicle to cope with any disability suffered.
• The cost of any care in the home necessary.
• Loss of earnings and income.

You will need to submit proof or evidence when claiming for loss of earnings, or any type of special damages. This may include proof of income and invoices for medical care.

Find out what you could claim for negligent eye surgery by contacting our team today.

Make A Medical Negligence Compensation Claim On A No Win No Fee Basis

At Legal Expert, our expert medical negligence solicitors could help you to make an eye surgery claim. They will begin by assessing your case. If they believe that you have a valid claim, they may be able to offer you a Conditional Fee Agreement (CFA).

A CFA is a way to claim with a No Win No Fee solicitor without worrying about upfront or ongoing payments. Instead, under a CFA, your solicitor will not charge for their services until the end of your claim. They will also only charge for their services if the claim is successful. If your compensation claim was not successful, there is nothing to pay for their services.

If you are charged for their services, you will need to pay a success fee. This is calculated as a set percentage of your compensation. This percentage is limited under law and will be agreed with you in advance.

Please get in contact with us today to learn more about eye surgery claims.

• Call our advisors now on 0800 073 8804.
• Click to claim online by completing our form.
• Get live support by clicking on our online chat below.

Learn More About How To Claim For Medical Negligence

Below, you can find more information related to medical negligence claims and medical professionals responsibility to patients.

• You could claim compensation if you suffered harm because an optometrist did not refer you to a hospital. Read more here.
• If you were harmed by medical negligence in a private hospital you can find out how to claim in this guide.
• Get information about how to make a complaint about medical negligence and claim compensation.

External resources

• You can find the NHS Resolution annual report and accounts for 2023-2024 here.
• The independent professional body, The Royal College of Ophthalmologists, produces standards and guidance for ophthalmologists.
• Find out how to complain about a service or provider with this guide from the Care Quality Commission (CQC).

We hope our guide has shown when you could make an eye surgery claim against a negligent medical professional. Please get in touch with our team for further answers to clinical negligence FAQs.

If police misconduct has caused harm to you or a loved one, you could be eligible to claim compensation. The roles of police officers are often varied and may include going into unknown and potentially dangerous situations. However, you should be able to expect that police officers behave in a professional manner. In this guide, we look at when you could make a police negligence compensation claim.

This guide looks at the process of claiming compensation. We start by looking at what such claims are and what police negligence is. Then, our guide looks at the role of the Independent Office for Police Conduct (IOPC) before looking at how to prove your claim. Having an idea of possible compensation settlements is helpful, so our guide also includes a section on how to calculate them. Finally, at the end of the guide, you can find information on how to claim on a No Win No Fee basis.

For further information about making a personal injury compensation claim, please:

• Call us on 0800 073 8804.
• Click ‘claim online’ and complete our contact form.
• Use the live support below.

Browse Our Guide

• Can I Claim Police Negligence Compensation?
• What Is Considered Police Negligence?
• What Is The Independent Office for Police Conduct (IOPC)?
• What Evidence Could Help Me Claim For Police Negligence?
• How Long Do I Have To Claim For An Injury Caused By Police Negligence?
• How Much Police Negligence Compensation Could I Receive?
• Make A Personal Injury Claim Against The Police On A No Win No Fee Basis
• More Resources About Making A Personal Injury Claim

Can I Claim Police Negligence Compensation?

You or a loved one may claim compensation if harmed because of police misconduct. The police must follow professional standards of behaviour, such as those set out in the Police (Conduct) Regulations 1999.

In order to be able to make a personal injury compensation claim against the police, you must demonstrate that negligence occurred. Negligence occurs when a third party owes a duty of care in which they breach, and this leads to a person suffering harm.

In specific circumstances, the police owe a duty of care. These include:

• If a person is detained in police detention or custody.
• If a member of the public has received police advice that they have relied on.

As per the courts, the police do not have a general duty of care to protect the public. However, there are some exceptions:

• The police have taken responsibility to protect a specific member of the public from coming to harm via another person.
• In circumstances where the police have created a duty to act.

Call an advisor to discuss police negligence compensation eligibility.

What Is Considered Police Negligence?

There are a wide range of circumstances in which a police officer could cause avoidable physical or emotional harm. Below, we look at some examples of these. Please note, this is not an exclusive list of circumstances in which you could claim for misconduct by police officers.

• A police officer may misuse a weapon during an arrest. You may sustain a head injury if struck by a baton.
• Police officers use unnecessary physical violence during an interaction, such as an arrest.
• You were unnecessarily restrained or assaulted by a police officer.
•  A detainee is showing signs of self-harm and is not adequately monitored and commits suicide.

In order to claim compensation in any of these (or other circumstances), you must show that the police acted negligently. Later in this guide we discuss the types of evidence which could help you to do so.

People contact our team for more information on what may be considered police negligence.

What Is The Independent Office for Police Conduct (IOPC)?

The IOPC is an independent, non-departmental public body. It is independent of the police and the government and presides over the system for police complaints made in England and Wales.

In most instances, allegations of police misconduct will be investigated by the individual force’s professional standards department. The IOPC will still oversee such investigations, and it will directly investigate in the most serious instances, as well as sensitive matters.

If a member of the public either sustains serious injuries or dies following contact with the police a mandatory referral will be made to the IOPC. Examples of incidents which may be referred to the IOPC could include fatal road traffic accidents, police shootings or deaths in police custody.

Members of the public may submit a complaint through the IOPC. This complaint will be sent to the relevant police force. Any investigation carried out either by the individual force or the IOPC may uncover evidence which can be used in your claim.

Please contact our team to learn more about police negligence compensation claims and making a complaint against a force.

What Evidence Could Help Me Claim For Police Negligence?

In order to make a police negligence compensation claim, you will need to submit a strong body of evidence. Such evidence must clearly show that the officer or force in question has acted negligently.

Vital evidence may include:

• CCTV footage or other video footage – the incident in which you were harmed may have been recorded on CCTV or other video.
• Photographs – you may take photos of any visible injuries.
• Medical records and reports – your medical records may be used to show your injuries. In addition, you may be asked to attend an independent medical exam. This assessment may help to establish whether your injuries are consistent with the alleged incident.
• Witness contact details – statements from anyone who was witness to the accident in question can also help to highlight exactly what happened. If you collect their contact details, these statements can be collected later in the claims process.

Please contact our team today for advice on how to prove your case.

How Long Do I Have To Claim For An Injury Caused By Police Negligence?

Whether your claim is against the police or another party, all claims must be made within the relevant time limit. For personal injury claims, this time limit is three years. However, there are exceptions to this. For example:

• Where the person harmed is under the age of eighteen. Children are not able to make a claim on their own behalf. Instead, a suitable adult may act as a litigation friend. This person may begin the claim at any point before the child turns eighteen. Once they reach 18, if no claim has been made, the standard limit will apply.
• Similarly, where the injured person lacks the mental capacity to claim on their own behalf a litigation friend may act for them. However, the standard three year time limit applies if they regain this capacity. It starts from the date it was deemed their mental capacity had recovered.

Please get in contact with our team to find out more about how to claim on-behalf of someone else.

How Much Police Negligence Compensation Could I Receive?

At this point, having read how to claim, you may wonder how your police negligence compensation could be awarded should your case prove successful. Each claim is individually assessed on its own merits.

In many instances, compensation claims are made up of two heads of claim. These are general damages and special damages. The Judicial College Guidelines (JCG)  may be used to help value general damages (those for your pain and suffering).

We look at some figures from the JCG in the table below. Please note that the top figure is not taken from the JCG. This simply illustrates how your settlement could include compensation for multiple, very severe injuries and related costs. Please only use this table as a guide.

Can I Claim For Loss of Earnings In Police Negligence Claims?

As touched on above, police negligence claims could also include special damages. These are damages which may be awarded for financial losses related to your injury. Below, we look at some examples of special damages:

• Medical expenses – this may include the cost of medical care and treatment, prescription medication and physiotherapy.
• Care costs – this may include the cost of care in a specialist facility or the home.
• Travel expenses – such as the cost of travelling to a medical appointment.
• Loss of earnings and income – this may include income lost whilst you are recovering from your injuries.

You will need to provide additional evidence which proves such losses. Evidence may include wage slips showing reduced income or invoices for medical care.

Please contact us to find out how a No Win No Fee solicitor could help you.

Make A Personal Injury Claim Against The Police On A No Win No Fee Basis

Making a personal injury claim against a police force could be a complex process.  Whilst you can make a claim against the police without a solicitor, we believe that you could benefit from working with one of our solicitors.

The benefits of working with a solicitor can include their help in gathering important evidence, their knowledge of the claims process and help explaining complex legal terminology and processes.

We understand that many people may be concerned about the cost of taking legal action. This is why our solicitors are able to handle claims under a Conditional Fee Agreement (CFA). A CFA may more commonly be called a No Win No Fee agreement. It allows a solicitor to work on a claim without you having to make any payments until your claim is resolved successfully.

At this point, if you make a successful claim, you will need to pay a success fee. This fee is charged as a percentage of awarded compensation and there is a legal limit on how much may be charged. If your claim isn’t successful, there is nothing to pay.

Please contact us to discuss police negligence compensation or to find out how we may be able to help you.

• Phone 0800 073 8804.
• Fill in our contact form by clicking ‘claim online’.
• Use the live support on this page.

More Resources About Making A Personal Injury Claim

Finally, here you can find additional resources which could help with your claim.

• Find out more about the personal injury claims process in this guide.
  Learn more about personal injury solicitors here.
  Here, you can find out how to get more money from a personal injury claim.

External references:

• Learn more about the IOPC in this UK government resource.
• Here you can learn how to request CCTV footage of yourself.
• Learn more about first aid in this NHS guide.

Thank you for reading our guide to making a police negligence compensation claim. Please contact our team for further information on personal injury claims.

Dermal fillers are a type of cosmetic injection used to improve lines and wrinkles in the face. The filler is used to plump out areas of the face and lips, giving a fuller appearance. They are carried out without the need for surgery.

Whilst dermal fillers are a routine and fairly safe procedure, this does not mean things can’t go wrong. If you have suffered a dermal filler injury due to the practitioner’s negligence, you could make a dermal filler injury compensation claim.

Our solicitors are experienced in handling clinical negligence claims and could help you. Starting a claim is easy and stress free. You can contact an advisor today using the methods below. If an advisor thinks you have a claim, they could connect you to a No Win No Fee solicitor.

Contact us today;

• Call on 0800 073 8804.
• Use the live chat on this page.
• Or begin your claim online.

Jump To A Section

• What Is A Dermal Filler Injury Compensation Claim?
• How Could Dermal Filler Injuries Be Caused By Negligence?
• How Do I Claim For A Dermal Filler Injury?
• Is There A Time Limit For Making A Dermal Filler Claim?
• How Much Compensation For Dermal Filler Injuries?
• Make A No Win No Fee Dermal Filler Injury Compensation Claim
• Resources Related To Clinical Negligence Claims

What Is A Dermal Filler Injury Compensation Claim?

Any cosmetic procedure must be carried out by a relevant and trained professional. Any such procedure should also be carried out according to guidelines and professional standards.

If a professional negligently breached their duty of care whilst carrying out your dermal filler procedure and you suffered unnecessary harm, you could claim compensation. You will need to show that,

1. The professional carrying out the dermal filler procedure owed you a duty of care. Whenever you are having a procedure carried out the person doing it automatically owes you a duty of care.
2. That they have breached this duty of care.
3. You suffered avoidable harm or unnecessary scarring or disfigurement as a result.

To see if you could make a dermal filler injury compensation claim, contact us for free using the above details.

How Could Dermal Filler Injuries Be Caused By Negligence?

As with many procedures, the use of dermal fillers could include common, less common and rare side effects.

According to statistics from the British Association of Aesthetic Plastic Surgeons, two in three surgeons are seeing botched fillers. 84% of problems with botched permanent fillers require surgical correction.

Examples of dermal filler injuries caused by negligent cosmetic professionals could include;

Procedural mistakes: these are mistakes made whilst the dermal filler treatment is being carried out.

• The filler might be applied to the wrong site
• It could block blood flow leading to tissue death.
• A harmful or unsafe substance is used.

Poor advice: prior to your procedure being carried out you should be given a full consultation in which the procedure and any risks are fully explained to you. If you were not properly informed of potential side effects or risks the professional may have been negligent.

How Do I Claim For A Dermal Filler Injury?

One of the most important steps in making a dermal filler injury compensation claim, or making any beauty treatment injury claims, is gathering supporting evidence. Your claim will require evidence of what happened, what negligence was involved and how the negligence impacted you. Without evidence of the harm caused to you and the defendant’s liability, youmay find it difficult to make a dermal filler injury claim.

Types of evidence which could support your claim may include;

• Medical records and notes. These may include medical records from the clinic at which you had your dermal filler treatment and your medical records and history covering treatment required to correct it.
• Witness statements or details. This may include details of anyone who either witnessed the negligent treatment take place, or the impact of this on you.
• Photographs before and after the procedure.

Please contact our team to learn more about claims and evidence supporting them.

Is There A Time Limit For Making A Dermal Filler Claim?

Whether you are claiming compensation for serious facial scarring or other injuries caused by dermal filler injections, you must be aware of the applicable time limit. Time limits in which to claim compensation are set in The Limitation Act 1980 and are, in general, three years. This time limit will begin either:

1. The date on which you received negligent treatment.
2. The date you discovered injuries caused by negligent treatment.

As it can be harder to make a claim if you are close to the time limit it is important to begin your dermal filler claim as soon as possible. In addition, beginning your claim as soon as possible gives you the best chance to gather supporting evidence.

There are exceptions to the three year time limit, such as where the person harmed under the age of eighteen or where they lack the mental capacity to make a claim on their own behalf.

Contact an advisor today to find out if you could make a dermal filler injury compensation claim.

How Much Compensation For Dermal Filler Injuries?

Damages in a dermal filler injury compensation claim will take into account general damages and special damages. General damages compensate you for the pain and suffering as well as any unsightly scarring or disfigurement caused by the dermal filler. This might include physical injuries and psychological harm caused, such as anxiety caused by any impact on your appearance.

It is important to be able to show what injuries you sustained and their impact on you. If you choose to claim with a solicitor they may organise for you to attend a medical assessment.

Below we look at examples of how much compensation may be awarded in a negligence claim for a dermal filler injury, such as a facial injury. The first figure is an illustration of what you could claim for an injury and special damages. The rest of the figures are taken from the Judicial College (JC) guidelines. This document is used by solicitors and other parties to compensation claims.

Compensation Examples

• You could claim up to £500,000 for a combination of multiple severe injuries and special damages.
• For psychiatric damage which is severe the person may be unable to work, study or go about their daily life as before. Compensation could range from £66,920 to £141,240.
• For psychiatric damage which is moderately severe, though there are still problems with the factors above, compensation may range from £23,270 to £66,920.
• Post-traumatic stress disorder which is severe and has permanent effects on the person’s life, preventing them from functioning at pre-trauma levels could be awarded compensation from £73,050 to £122,850.
• In instances of post-traumatic stress disorder which is moderate the person may largely recover. Compensation could range from £9,980 to £28,250.
• For facial disfigurement which causes very severe scarring and causes a severe psychological reaction in someone in their 30’s or younger, compensation ranges from £36,340 to £118,790.
• For facial disfigurement which causes less severe scarring which is still substantial and causes a significant psychological reaction, compensation amounts range from £21,920 to £59,090.
• For facial disfigurement causing significant scarring and where the worst effects may be reduced by plastic surgery compensation ranges from £11,120 to £36,720.
• Where the facial disfigurement results in less significant scarring the person may have a single noticeable scar, or several small ones. Compensation ranges from £4,820 to £16,770.
• In instances of facial disfigurement causing trivial scarring the effect may only be minor. Compensation amounts can range from £2,080 to £4,310.

Special Damages

Special damages compensate you for the financial and wider impact that the injury has had on you. You could claim for losses, costs and expenses related to your dermal filler injuries. These damages could include compensation for;

• Lost income if you were unable to work for a period of time during recovery or were not able to return to work. You will need evidence to claim for loss of earnings. This may include bank statements or wage slips.
• Medical expenses such as for cosmetic surgery or other treatment.
• Travel expenses to get to and from medical appointments.

From cosmetic surgery claims to plastic surgery negligence claims, our experienced team could help if you have been harmed by negligent cosmetic procedures. For more information on how a cosmetic injury claim is calculated, please contact our team.

Make A No Win No Fee Dermal Filler Injury Compensation Claim

One of the most frequently asked questions about making a dermal filler injury compensation claim is how much it costs to make your claim. If you choose to claim with a solicitor from Legal Expert they could handle your claim through a No Win No Fee or Conditional Fee Agreement (CFA). A CFA is a way to fund a solicitor without the need to pay upfront.

If your claim is successful, your No Win No Fee solicitor will charge a success fee. This is a legally limited percentage of the compensation awarded to you.

For more information on making a dermal filler injury compensation claim please contact us;

• Phone an advisor on 0800 073 8804.
• Talk to us using the live chat on this page.
• Start your dermal filler injury claim online.

Resources Related To Clinical Negligence Claims

Below we have included links to related clincial negligence claims.

• In this guide we look at how much compensation you could receive for surgeon negligence and how you could have been harmed.
• Learn about making a minor surgery claim in this guide.
• Learn more about claiming compensation for delayed treatment in this guide.

References

• Learn more about plastic and cosmetic surgery at the British Association of Aesthetic and Plastic Surgeons (BAAPS).
• Government information on the licensing of non-surgical cosmetic procedures in England.
• Consultation into unregulated cosmetic procedures from the government.

Thank you for reading our guide to making a dermal filler injury compensation claim. Thank you for

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. 

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. 

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.

Hotel accident claims Poland

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:

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:

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.