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Advice On How To Sue A Company For An Injury

By Jade Mooney. Last Updated 22nd August 2024. Have you been injured in the workplace? If your workplace injury was caused due to negligent behaviour by your employer, you may have questions such as how to sue a company for an injury. Some people may be worried about making any kind of workplace accident claim, as they may fear the repercussions of making a claim against their employer. They may fear that it will create bad blood between them and their employer while others may worry that they could be sacked.

However, if your employer is liable for your injuries, and you take appropriate legal action, there should be nothing to fear. Moreover, you can also potentially make a claim that involves suing a company for an injury even if you were not an employee.

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But before you do so, read on to discover everything you need to know about launching a claim of this nature and the personal injury law UK in place.

A worker lying unconscious on the ground being checked on by a colleague.

Select A Section

  1. How To Sue A Company For An Injury
  2. Evidence To Sue A Company For Negligence
  3. Suing A Company For Damages – How Much Compensation Could I Receive?
  4. Time Limits For Suing A Company For An Injury
  5. How To Sue A Company For An InjuryOn A No Win No Fee Basis

How To Sue A Company For An Injury

When you are suing a company (that is also your workplace) for an injury you suffered while you were at work, you will need to meet certain eligibility criteria to have a valid personal injury claim. These are:

  1. Your employer owed you a duty of care.
  2. They breached this duty.
  3. You suffered injuries as a result of this breach.

Under the Health and Safety at Work etc. Act 1974, employers owe all of their employees a duty of care. The exact responsibilities held by a company will depend on the type of work their staff is involved in. In summary, though, employers should take reasonable steps to protect their staff while they are working.

Therefore, if you can prove that you suffered an injury while at work due to your employer failing to adhere to their duty of care, you may be able to make a personal injury claim.

If you contact our advisors about your potential claim for a work accident, they can review your case and help establish if you have strong grounds to claim compensation. Contact our advisors today to learn more about your eligibility or to ask other questions, such as how to sue an employer for a work accident.

Evidence To Sue A Company For Negligence

You might have valid reasons to sue a company as we covered earlier in this article. However, if you are wondering how to sue a company for negligence, you will need to submit evidence that proves your injuries were caused by a breach in the duty of care owed to you.

Examples of useful evidence that could help prove employer negligence includes:

  • Accident book. This should be filled in with your name, date and time, along with details of the incident.
  • These could be of the accident scene or of your injury is if it was visible, such as swelling or lacerations.
  • Footage of the accident. For example, you can request CCTV for a personal injury claim. Additionally, another party may have filmed the accident on their phone.
  • Witness contact information. If anyone saw what happened, they can give a statement at a later date.

If you need any advice on gathering evidence, our advisors would be happy to help. Any legal advice they give to you is free. Additionally, they can assess the validity of your claim. Should it seem to them like you might successfully recover workplace injury compensation, they could connect you with our No Win No Fee solicitors specialising in accident at work claims.

Suing A Company For Damages – How Much Compensation Could I Receive?

So, when you sue a company for an accident, what could you claim? The damages you could receive after suing a company can include general damages, and special damages.

General damages cover your injuries and the pain and suffering that they cause you. This heading also covers loss of amenity, which means loss of enjoyment in things like hobbies.

The Judicial College Guidelines (JCG) are often used to help calculate this head of claim. This is because it provides guideline compensation amounts for a range of different injuries and illnesses, with different amounts for differing severities.

Below, you can find some examples of these guidelines. Please note that the first entry is not from the JCG.

InjuryInjury severityAmount
Multiple Severe Injuries + Special DamagesSeriousUp to £1,000,000+
ParalysisTetraplegia (a)£396,140 to £493,000
Brain damageVery serious (a)£344,150 to £493,000
EpilepsyEstablished Grand Mal (a)£124,470 to £183,190
General psychiatric damageSevere (a)£66,920 to £141,240
SightTotal loss of one eye (d)£66,920 to £80,210
WristComplete loss of function (a)£58,110 to £73,050
ChestChest and lung damage (c)£38,210 to £66,920
ShoulderSerious (b)£15,580 to £23,430

What Are Special Damages?

Special damages are the second head of claim you could receive after successfully suing a company. Under this heading, you can claim back the financial losses you suffered as a result of your injuries.

For example, you might want to sue a company for severe injuries that left you out of work. In this case, special damages could help you recoup the cost of any earnings you lost while recovering from your injuries.

This heading can also help you cover the cost of:

  • Prescriptions
  • Childcare
  • Mobility aids, like a wheelchair or crutches
  • Help with cleaning and cooking
  • Physical therapy
  • Counselling

You’ll need to provide proof of your losses in order to make a claim. To do this, you can provide relevant invoices, receipts, or bank statements.

To learn more about what this heading of compensation could cover, get in touch with our team of advisors today. Or, for more information on how to sue a company, keep reading.

Time Limits For Suing A Company For An Injury

If you are suing a company for an injury you suffered, you must ensure you start the process within the relevant time limit. Under the Limitation Act 1980, you will have three years to start your claim from the date the accident occurred.

This time limit can work differently under some circumstances. For instance, the time limit is paused for those under the age of 18. While it is paused, a litigation friend can claim for them. If a claim is not made y their 18th birthday, then they will have three years to start one from this date.

The time limit is suspended if the claimant doesn’t have the mental capacity to make a claim. A litigation friend can claim for them while it is suspended. It will only come into force if the claimant recovers/

Contact our advisors today for more advice on the criteria for suing for damages following a workplace accident.

How To Sue A Company For An Injury On A No Win No Fee Basis

If you are wondering how to sue a company for an injury on a No Win No Fee basis, do not worry. Here at Legal Expert, all of our solicitors work on a type of No Win No Fee basis called a Conditional Fee Agreement (CFA).

Here are the financial advantages of making an injury claim under a CFA:

  • You don’t need to pay for your solicitor’s services before beginning your claim.
  • You don’t need to pay for your solicitor’s services during your claim.
  • You don’t need to pay for your solicitor’s services if your claim is not successful.
  • If your claim is successful, you still don’t need to pay for your solicitor’s services from your pocket. Instead, a success fee can be taken from your compensation by your solicitor. Success fees are a percentage, capped by the law so that the majority of the compensation is guaranteed to go to you.

So, if you would like to sue for an injury in this way, please contact us. Because financial risk is eliminated with a CFA, you can benefit from a much better service with our expert No Win No Fee solicitors.

If you have any queries such as “How do you sue a company?”, or if you would like to make an accident at work claim, please do not hesitate to get in touch:

Resources And Useful Links

Hopefully, you have found this guide informative. If you need any further advice, though, the links below may be just what you are looking for.

If you have still have any questions on how to sue a company for an injury, you can contact our advisors using the details highlighted above.