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Successful Injury Claims – How To Win A Personal Injury Claim
How Do You Make A Successful Personal Injury Claim?
Welcome to our guide exploring how to win a personal injury claim. Firstly, it’s important to be aware of the instances in which you could put forward a claim. If you’ve suffered harm due to someone breaching the duty of care they owed you, you may have grounds to claim.
How to win a personal injury claim
There are various accident claims that you can make under personal injury law. For example, you could make a road traffic accident claim if you suffered a serious head injury caused by another road user’s failings. Alternatively, you could claim against your employer if their failings contributed to the accident in which you suffered harm.
Although there’s no guarantee that your claim will be successful, there are ways you can build a strong case to get the compensation you deserve. This guide will help you understand the steps you can take to do so.
However, if you have any questions whilst or after reading our guide, our advisors are here to help. They are available to provide further clarification and information on anything you’re unsure of. They give free legal advice with no obligation for you to proceed with our services. What’s more, they’re available 24/7.
Speak to an advisor using the following details:
- Contact number: 0800 073 8804
- Our contact form allows you to select a date that’s best for us to contact you
- Use our live chat feature for answers now
Select A Section
- A Guide On How to Win A Personal Injury Claim
- What Are Personal Injury Claims?
- When Can I Make A Personal Injury Claim?
- Common Accidents And Injuries
- Assessing Your Claim
- Building Your Case
- Proving The Other Party Was Negligent
- Does Contributory Negligence Affect Winning Your Claim?
- What Pre-Action Protocols Should Be Taken?
- Is There A Time Limit On Compensation Claims?
- Calculating Compensation Amounts
- Special Damages In Successful Claims
- How To Win A Personal Injury Claim With A No Win No Fee Solicitor
- Start Your Claim
- Essential References
- FAQs On How To Win A Personal Injury Claim
A Guide On How to Win A Personal Injury Claim
The process of making a personal injury claim can seem daunting at first. Our guide aims to inform you of the different stages to help you feel more confident in seeking compensation.
However, if you feel you could benefit from the help of a solicitor, we have an option that could help if you’re concerned about the cost of legal representation. We’ll look at how a No Win No Fee agreement can help you avoid upfront and ongoing solicitor costs during a claim.
When seeking compensation, it’s important that you have evidence to support your claim. In this guide, we’ll provide examples of the evidence you could obtain. We’ll also look at how it may be used to determine whether negligence occurred and to value your claim.
In personal injury claims, negligence needs to be demonstrated when considering the following three factors:
- Did someone owe you a duty of care?
- Was that duty of care breached?
- Did you suffer harm as a result?
We’ll provide examples of different accidents and injuries resulting from someone breaching their duty of care. This can help you understand whether someone was liable for the accident that caused you to suffer harm.
Don’t forget, if there’s anything you need further information on, you can speak to our advisors on the number at the top of the page.
What Are Personal Injury Claims?
A personal injury claim is a legal term for an injury or illness that has been caused (or made worse) by someone else’s negligence, which you seek compensation for. For example, they can be made for the following types of accidents:
- Accidents in a different country, e.g. on holiday
- Road traffic accidents, such as a car accident
- Accidents at work
- Accidents in a public place
More specifically, you could put forward a claim for accidents that have resulted in a fatality or life-changing injury.
As long as negligence can be demonstrated, you could put forward your claim to seek compensation for the suffering you’ve endured. This may be psychological or physical suffering that’s had short or long-term effects on your quality of life.
When Can I Make A Personal Injury Claim?
You may be worried about your eligibility to make a claim, even if you can demonstrate that negligence caused your injuries. For instance, you may have been hit by an untraceable driver in a hit and run.
In these cases, you could still make a claim. For cases where a driver is untraceable, you could go through the Motors Insurers’ Bureau (MIB). The MIB deal with claims against uninsured motorists and untraceable drivers. They allow people the right to still seek compensation for any harm suffered.
Alternatively, you may be unsure who is liable for the accident that caused your injuries. For instance, you may have tripped on an unmaintained paving stone or fell down a defective manhole. In these cases, liability may fall to the council.
Either way, whether you know who was at fault or not, you have the right to seek compensation for your injuries. A solicitor could help you identify who was at fault. For more information on understanding this aspect of how to win a personal injury claim, speak to our advisors.
Common Accidents And Injuries
According to the Compensation Recovery Unit (CRU), there were a total of 564,359 cases registered in 2020-2021. The graph below shows the nature of the cases registered.
As you can see, there were more motor cases registered than any others. Although these statistics don’t specify the nature of the motor accidents that led to claims, we have included some examples of road traffic accidents below:
- A car crashing into you from behind causing you to suffer a serious head injury.
- A motorcycle going over the speed limits and crashing into a cyclist, resulting in them sustaining a fractured spine.
Furthermore, the second most number of claims registered was for accidents in a public place. Public place accidents can include:
- A customer slipping on a spillage in a restaurant that had been noticed by staff but not attended to.
- Someone tripping over the pavement when walking down the street due to the council’s failure to maintain the paving stones, despite being aware of the hazard.
Are there any common workplace accidents?
According to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), there were 65,427 non-fatal injuries to employees in the workplace in 2019/20. Some common accidents included:
- Slip, trip and fall on the same level (accounted for 29% of of non-fatal injuries to employees as reported by employers)
- Handling, lifting or carrying (19%)
- Struck by a moving object (11%)
- Acts of violence (9%)
- Falls from height (8%)
Additionally, some of the common injuries recorded by RIDDOR included fractures, sprains or strains and contusions.
If you have experienced something similar, get in touch with our advisors and they can help you understand your rights. Alternatively, if you’re unsure whether someone was liable for your accident and injuries, they can help.
Assessing Your Claim
If you’re putting forward your claim with a No Win No Fee solicitor, they may need to take details of your case. Before they take on a case on this basis, they will need to assess both the validity of your claim and the chance it has of succeeding. This is to ensure there is no time wasted for either party.
In order to do this, they may explore the evidence you have to support your claim. For instance, they may take statements from any witnesses you have.
They may also look at when your accident happened due to the time limit to make a personal injury claim. Generally, you have three years from the date of the accident or the date you gained enough knowledge that someone else’s failings contributed to or caused the accident.
However, as there are exceptions, you can speak to an advisor for further details on this to see what time limit applies to your situation.
Building Your Case
An important aspect of understanding how to win a personal injury claim is knowing how to build a strong case.
The evidence you can gather before reaching out to a solicitor can provide a better chance of having your claim accepted on a No Win No Fee basis. There are various steps you can take to obtain useful evidence, such as:
- Seeking medical attention: It’s important to see a doctor if you’ve been injured to ensure you receive the correct treatment. Additionally, any care you receive can be used as medical evidence in support of the injuries you sustained.
- Collecting other evidence when you’re able to: As well as medical evidence, other evidence may be needed to prove that negligence occurred such as CCTV footage or witness statements.
- Contact a solicitor: The prospect of putting forward a claim can seem daunting. For that reason, having help from an expert solicitor could alleviate some stress you may be feeling. Also, they can use their knowledge of handling similar cases to help you get the compensation you deserve.
It’s important to note that it can help to collect evidence as soon as possible. Leaving it too long can reduce your chance of retrieving useful evidence such as CCTV footage that may get wiped after a certain amount of time.
Proving The Other Party Was Negligent
There isn’t one way to prove negligence. Instead, a solicitor will look at a few different aspects. For instance, they’ll assess the evidence you have in support of your claim such as:
- Photographic evidence of the accident and your injuries
- CCTV, dashcam or traffic camera footage
- Police reports
- Entries of the accident in an accident workbook
- A written account of the events both before and after the accident
- Details of doctors’ or hospital appointments
- Other medical evidence such as doctor notes or prescriptions
Furthermore, for personal injury claims, it’s important to determine whether someone owed you a duty of care. By looking at legislation and rules in place, liability can be assessed. However, the legislation will be different depending on the type of accident you’ve had.
Each of the following sets out the duty of care that employers, road users or occupiers of a public place owe:
- Health and Safety at Work etc. Act 1974
- The Highway Code or the Road Traffic Act 1988
- Occupiers’ Liability Act 1957
These can be used to help determine whether someone owed you a duty of care if the breach of duty caused or contributed to the accident that caused your injuries.
What duty of care am I owed?
The specific duty of care you’re owed is different depending on whether you’re at work, in public or on the road. However, generally, employers, road users and occupiers of a public place should do everything reasonably possible to prevent you from coming into harm.
More specifically, employers should:
- Provide you with relevant training to help you do your job properly and safely
- Ensure the equipment you use is kept up to standard by carrying out regular risk assessments
- Provide you with the correct personal protective equipment to do your job safely if needed, such as hard hats or protective footwear
For road users, the duty of care is to generally use the roads with standard care and skill. However, some examples of how different road users could prevent harm might include:
- Pedestrians should cross at the designated pedestrian crossings and not use slip roads or motorways
- Drivers should adhere to the speed limits on the road
- Cyclists must obey traffic signals and signs
Similarly, for occupiers of a public place, such as a supermarket or council-owned park, the steps they can take to reduce incidents will depend on the public place in question. However, each of them should ensure they carry out regular risk assessments to identify anything that could cause an accident.
Essentially, those in control of a place that is accessible to the public should ensure that any visitors will be reasonably safe.
For more information on the duty of care you’re owed, you can speak to one of our advisors using the number at the top of the page.
Does Contributory Negligence Affect Winning Your Claim?
Contributory negligence refers to claims where compensation could be lowered as you’ve contributed to the negligence that caused your injuries.
For instance, say you were a passenger in a car accident but you weren’t wearing a seatbelt and another car (or the driver of the car you occupy) caused a crash in which you were injured. Wearing the seatbelt could have reduced the severity of the injuries you sustained.
If you were injured in an accident where you contributed to negligence, you could still make a claim. However, it may affect the compensation you receive depending on how much fault lies with you.
What Pre-Action Protocols Should Be Taken?
When claiming with a solicitor, there are pre-action protocols that they will need to take. These set strict standards for dealing with a case before issuing formal court proceedings. If the case goes to court then they may need to take other actions.
The pre-action protocol for personal injury claims sets out steps the court expects parties to take before starting proceedings for certain types of personal injury claims. For instance, parties should take reasonable and proportionate steps to settle issues without court proceedings. Most claims are settled out of court.
The pre-action protocol allows parties to exchange a sufficient amount of information about issues such as:
- The position of each party
- Decisions on how they’re going to proceed
- Considering an Alternative Dispute Resolution to prevent proceedings
- Reducing the costs of resolving the dispute
For more information on what to expect in the stages following submitting your claim, you can call our expert advisors on the number at the top of the guide.
Is There A Time Limit On Compensation Claims?
As mentioned previously, it’s important to be aware of the personal injury time limits in place. In most cases, you will have three years from the date:
- The accident occurred
- You gained enough knowledge of someone else’s negligence at least contributing to the injuries
However, there are cases where this may be different. For instance, for child accident claims, the three years won’t start until they turn 18. Until that point, someone could claim on their behalf by applying to act as a litigation friend. For instance, a parent, guardian or solicitor could do so.
Similarly, someone could apply to act as a litigation friend for anyone who lacks the mental capacity to put forward the claim themselves.
In cases where the person recovers their mental capacity, the time limit will start from the date of recovery. However, if they don’t recover their mental capacity, the time limit will be frozen indefinitely.
For further details on this, call our advisors and they can help you determine how long you have to submit your claim for compensation.
Calculating Compensation Amounts
Under general damages, you can claim compensation for your injuries. The following could be taken into consideration when valuing your claim:
- The severity of your pain and suffering
- Impact on your quality of life
- Whether the injury will have a long term impact on your life
As each claim is unique, there is no set amount of compensation that you’ll receive. Instead, it will depend on the above factors which can be determined by looking at the medical evidence provided. Therefore, as part of the claims process, you would attend a medical assessment to provide further details on the extent of your injuries.
An independent medical professional would assess the injuries and create a report which is also used to determine whether the injuries were caused (or worsened) by the accident. If there’s no link between the accident and your injuries, you could find it difficult to claim.
A solicitor could also use this report to help value your injuries.
We have included a compensation table below which details different injuries you may have suffered. Each injury has a compensation amount provided by the Judicial College Guidelines. This is a document often used alongside medical evidence to help value claims.
The figures are examples and you should only use them as a guide as your actual compensation settlement may vary.
| Injury type | Details of the injury | How much the injury is worth |
|---|---|---|
| Paraplegia | The award given will depend on certain factors such as age, life expectancy, severity of pain and psychological impact. | £205,580 to £266,740 |
| Head | Minor: A head injury that results in minimal brain damage. | £2,070 to £11,980 |
| Psychiatric Damage | Less severe: Factors such as how badly daily activities and sleep have been affected will depend on the award given. | £1,440 to £5,500 |
| Minor eye injuries | Injuries such as exposure to smoke fumes which cause pain to begin with and temporary vision problems. | £3,710 to £8,200 |
| Chest injuries | Chest and lung damage that causes continuing problems. | £29,380 to £51,460 |
| Chest injuries | (g) Rib fracture or soft tissue injuries that result in serious pain. | Up to £3,710 |
| Damage resulting from a traumatic injury | (iii) Injuries resulting from seat-belt pressure | £6,190 to £11,820 |
| Shoulder | Serious: Shoulder dislocation with damage to the lower brachial plexus which causes shoulder and neck pain. | £11,980 to £18,020 |
| Arm | Loss of one arm: (i) amputated at the shoulder. | Not less than £128,710 |
| Arm | Simple forearm fracture | £6,190 to £18,020 |
| Wrist | (d) A fracture or soft tissue injury that takes longer to heal but does completely heal. | Rarely exceed £9,620 |
| Ankle | Moderate: Ankle fractures that result in disabilities less serious in nature such as difficulty walking or standing for long periods of time. | £12,900 to £24,950 |
| Foot | Moderate displaced metatarsal fracture that causes ongoing issues. | £12,900 to £23,460 |
If you’d like an accurate, free estimate of how your injuries might be valued, why not get in touch?
Special Damages In Successful Claims
In addition to general damages, you could claim compensation for financial losses caused by the injury under special damages. These can cover both your past and future losses such as:
- Loss of earnings
- Loss of pension
- Care costs
- Medical costs
- Travel expenses
However, you will need evidence to claim these back. For instance, receipts and payslips can prove any monetary losses you’ve suffered.
How To Win A Personal Injury Claim With A No Win No Fee Solicitor
For anyone wanting to put forward a claim with legal representation, we have an option that could benefit you.
A No Win No Fee agreement can allow you to claim with the help of a solicitor whilst avoiding upfront solicitor costs. Additionally, you can avoid any other solicitor fees that may otherwise incur during the course of your claim.
The basis of this type of agreement means that if your solicitor is unsuccessful, you won’t be asked to pay any solicitor fees at all. If your solicitor is successful, you will be required to pay a small success fee. However, this is legally capped.
Furthermore, under the terms of the No Win No Fee agreement, your solicitor will make you aware of what the success fee consists of.
If this is an option you would like to explore, contact our advisors for more information. All of our solicitors offer their services on a No Win No Fee basis.
Start Your Claim
We hope our guide has left you feeling more informed about putting forward a successful personal injury claim.
Additionally, if you’re ready to make a start, our advisors can assess whether you hold a valid claim. If you do, they can appoint one of our solicitors to represent you on a No Win No Fee basis.
Alternatively, you may still have some questions before you take the next steps. If so, our advisors can provide you with further clarification on anything you’re unsure of.
So, no matter whether you want to start your claim or you just want some more information, get in touch by:
- Calling us on 0800 073 8804
- Using our contact form
- Sending a message in the live chat feature
Essential References
Have you suffered stress at work due to your employer’s negligence? If so, our guide could help you understand your rights.
Were you in an accident that caused you to suffer both a physical and psychological injury? If the accident wasn’t your fault, see our guide for help on seeking compensation.
See our guide on the steps to take when you’ve been injured at work.
Check the NHS website if you need any medical advice.
Visit the Royal Society for the Prevention of Accidents for useful information.
For further health and safety statistics, see the Health and Safety Executive website.
FAQs On How To Win A Personal Injury Claim
In the following section, we have provided answers to some commonly asked questions on personal injury claims.
What evidence is needed for a personal injury claim?
Evidence such as photographs, CCTV footage or witness statements can all help to prove whether negligence occurred.
What are the chances of winning a personal injury lawsuit?
It can depend on different factors. For instance, the validity of your claim, the evidence you have obtained and whether someone was liable for the accident that caused your injuries are all factors that can affect the outcome of a claim.
Other tips to make a successful claim
It can help to document details of your accident and injuries whilst everything is fresh in your mind. However, it’s especially important to start collecting evidence as soon as you’re able to.
Thank you for reading our guide exploring how to win a personal injury claim. We hope you found it helpful.
Written by Mitchell
Edited by Victorine
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