In this guide, we will discuss if you can claim for medical costs in a personal injury claim. Suffering from an injury due to third-party negligence could entitle you to pursue compensation. As part of this, you might be able to recover the cost of any medical care you’ve had to pay for.
Can I claim for medical costs in a personal injury claim?
Here, we will discuss what evidence you can provide in order to strengthen your claim. You can also learn how a personal injury claim is calculated and how working with a No Win No Fee solicitor could help you seek the settlement you deserve.
Continue reading this guide to see whether you could claim back medical costs in a personal injury claim. Alternatively, if you’re looking for further assistance, you can contact our advisors using the following details:
- Reach us by phone on 0800 073 8804
- Request a call back through our contact page
- Message an advisor through the live chat
Select A Section
- Can I Claim For Medical Costs In A Personal Injury Claim?
- What Medical Costs Could You Claim For?
- Proving Medical Expenses Are Related To Your Claim
- Typical Payouts For A Personal Injury Claim In The UK
- Contact Us About No Win No Fee Claims
- Find Out More About How To Claim For Medical Costs In A Personal Injury Claim
Can I Claim For Medical Costs In A Personal Injury Claim?
Accident claims could be made in the following circumstances:
- A third party owed you a duty of care
- This duty of care was breached because of third party negligence
- You were in an accident and sustained injuries due to negligence
Below, we have included some examples of when you’re owed a duty of care and what this duty is:
- On the road. All road users owe one another a duty of care. They need to act in a way that prevents injury and follow the rules in the Road Traffic Act 1988 and the guidance, advice and requirements in the Highway Code. A breach of duty of care could cause a road traffic accident.
- In the workplace. You’re owed a duty of care by your employer as outlined in the Health and Safety at Work etc. Act 1974. This states that they need to take reasonable steps to ensure the safety of their employees. Failure to do so could cause an accident at work.
- In public. The party in control of a public space owes a duty of care to visitors and needs to take steps to ensure their reasonable safety. A public place accident could occur that causes injury if this is breached.
Further in this guide, we look at the evidence you could provide in a claim. Continue reading or contact our advisors for guidance.
Time Limits To Claim For Medical Costs
To make a personal injury claim, you must first ensure that you are within the limitation period. The Limitation Act 1980 states that you must start the claims process within three years.
There are some circumstances which mean a variation in the time limit is permitted. For example, if the injured person does not have the mental capacity to claim, the time limit will only begin in the event of their recovery. A litigation friend can be appointed to claim on the injured person’s behalf.
Similarly, a litigation friend can claim on behalf of someone under 18, and the time limit for doing so is suspended. They can begin their own claim when they turn 18 if one has not already been made.
If you need further clarification, contact our advisors today. Our team are available to offer you free legal advice and support you with your claim for medical costs in a personal injury claim.
What Medical Costs Could You Claim For?
Below are some examples of medical costs you could incur because of a brain injury caused by negligence:
- You could sustain a brain injury due to a fall and experience brain damage as a result. This might mean that you need in-home care to help with cooking and cleaning and that you need to pay for this.
- If you sustain a spinal injury that results in paralysis, then you might need to make adaptations to your home, for example, widening door frames for wheelchair access, installing a stairlift or fitting a walk-in shower.
- If you experience a leg amputation, you might need to spend money on specialised prosthetics.
As you would not have required these things if it wasn’t for your accident, you may be able to recover these medical costs in a personal injury claim. Speak with a member of our team today for free legal advice.
Proving Medical Expenses Are Related To Your Claim
There are multiple forms of evidence that you could provide to support your claim. In order to claim for medical expenses, it is important that you collect any documentation as proof of your treatment and care. This can include:
- Copies of X-rays and scans
- A diary of your treatments and symptoms that illustrates your mental and physical health
- Medical care records
- Receipts and prescriptions
If you would like free legal advice on the evidence that you will need to supply to support a personal injury claim that includes medical costs.
Payouts For A Personal Injury Claim
The Judicial College Guidelines (JCG) is a publication used by legal professionals to value general damages in personal injury claims. General damages is the head of claim that covers the pain and suffering your injuries have caused you. We have used these figures to create the table below:
Compensation Guidelines
| Injury Type | Compensation | Injury Description |
|---|---|---|
| Very Severe Brain Injury (a) | £282,010 – £403,990 | Level of award affected by factors such as degree of insight and life expectancy. |
| Moderately Severe Brain Injury (b) | £219,070 – £282,010 | Serious disabilities are caused by injuries in this bracket. Full time professional and other care is required. |
| Leg Amputation (a) (i) | £240,790 – £282,010 | Both legs are lost above the knee or one leg is lost at high level above the knee with the other below the knee. The amount of compensation will depend on the severity of phantom pain with other factors. |
| Leg Amputation (a) (ii) | £201,490 – £270,100 | Below knee amputation of both legs with the level of award depending on multiple factors, such as any risk of developing degenerative changes in remaining joints and associated psychological problems. |
| Severe Back Injury (a) (i) | £91,090 – £160,980 | Damage to the spinal cord and nerve roots, creating a combination of serious consequences that are rare for back injuries. |
| Severe Back Injury (a) (ii) | £74,160 – £88,430 | Cases in this bracket have special features, such as nerve root damage with associated loss of sensation and bowel function. |
| Severe Knee Injury (a) (i) | £69,730 – £96,210 | Serious knee injuries involving a disruption of the joint and gross ligament damage with a lengthy treatment period. |
| Severe Knee Injury (a) (ii) | £52,120 – £69,730 | This bracket includes leg injuries extending into the knee joint causing impaired agility, constant pain and risk of arthroplasty. |
| Very Severe Ankle Injury (a) | £50,060 – £69,700 | These injuries are unusual, such as bilateral ankle fractures causing joint degeneration at a young age. |
| Serious Shoulder Injury (b) | £12,770 – £19,200 | Serious shoulder injury, for example, dislocation of the shoulder that damages the brachial plexus resulting in pain and impaired mobility. |
Please note that the figures above are a guideline. If you need a personalised compensation estimation or assistance on how to claim medical expenses after an accident caused by negligence, contact our advisors using the banner at the top of the page.
How Special Damages Could Also Compensate You
As well as general damages, you can also receive special damages for any financial losses you’ve incurred. Alongside medical expenses, this can also cover:
- Travel costs
- Loss of earnings
- The cost of childcare
- Gracious care from loved ones
If you have any concerns about collecting evidence or starting the claims process, contact our advisors for free legal advice. If you have a valid claim, you could be connected with a No Win No Fee lawyer from our panel.
Contact Us About No Win No Fee Claims
You could work with one of our solicitors on a No Win No Fee basis for your personal injury claim. In particular, they might offer you a Conditional Fee Agreement (CFA), the benefits of which generally include:
- No upfront fees
- Nothing to pay your lawyer as the claim progresses
- No fees in the event of an unsuccessful claim
If you’re awarded compensation, a success fee is taken from your settlement total; this fee is subject to a legal cap. This ensures that you keep the majority of the settlement award. For more information about No Win No Fee solicitors, contact our team today.
Talk To Our Team
Our advisors are available 24 hours a day to support you with any queries. Whether you’re looking for more information or need assistance in starting the claims process, our team are on hand to help.
- Call 0800 073 8804
- Visit the contact page on our website
- Message us directly through the live chat
Find Out More About How To Claim For Medical Costs In A Personal Injury Claim
If you’re interested in learning more about making a personal injury claim, see below for more of our informative guides.
You can also use the links here to see other helpful sources.
- GOV – Request CCTV footage you appear in
- NHS – First Aid
- Royal Society for the Prevention of Accidents – Vision and Mission
Thank you for reading our guide on how to claim for medical costs in a personal injury claim. For further support, contact our advisors today.
Written by Allerton
Edited by Stocks
