Types Of Injury Claims You Could Make
In many areas of everyday life, such as on the roads, while out in public or when at work, you are owed a duty of care. This means that others have a responsibility towards your health and safety. Should this duty of care be breached and this leads to an injury, this amount to negligence for which an injury claim could be made.
In this guide, we will explain what a duty of care is and when you could be owed one. We will also discuss when you could be eligible to make a claim, as well as what legislation is in place to support this. Following this, we will discuss how collecting evidence can help you strengthen your case and how compensation is calculated in personal injury claims.
If you would like to start a personal injury claim, one of our solicitors could help. Contact our team of advisors today for a free consultation in which they can evaluate your claim and potentially connect you with one of our solicitors. To get in touch:
- Call on 0800 073 8804
- Start your claim online
- Use the live chat feature for instant help
Select A Section
- Examples Of Types Of Injury Claims You Could Make
- Types Of Injuries You Could Suffer In An Accident
- Evidence To Support Your Claim
- Estimated Payouts For Different Types Of Injuries
- Could I Claim With A No Win No Fee Solicitor?
- Learn More About Different Types Of Injury Claims
Examples Of Types Of Injury Claims You Could Make
In this section, we are going to look at where and when you are owed a duty of care by a third party. We will also look at what legislation can be used to support a personal injury claim after an accident that caused you an injury.
Accident At Work Claims
According to the Health and Safety at Work etc. Act 1974, all employers owe their employees a duty of care. To fulfil this, they must take all reasonably practicable steps to ensure your safety in the workplace.
For example, when making an accident at work claim, you must provide evidence that your employer owed you a duty of care at the place and time of your accident. You will also need to show that they failed to fulfil this duty, which led to you suffering harm. This is known as negligence.
Road Traffic Accident Claims
The Road Traffic Act 1980 states that road users owe each other a duty of care, and to fulfil this duty, they must navigate the roads in a way that prevents injury and damage to themselves and others. However, recent changes to the Highway Code mean that some road users owe a higher level of responsibility than others.
If another road user breached their duty of care, and you suffered harm as a result, then you may be able to make a road traffic accident claim.
Public Liability Claims
The Occupiers’ Liability Act 1957 states that you are owed a duty of care by the party in control of the space. This means that they must take reasonable steps to ensure your safety while you are using the space. For example, if you are in a shop, and there is a spillage, it must be signposted in a reasonable amount of time until it has been cleaned up.
If they fail to do so, and you are injured as a result, then this is negligence, and you may be able to make a claim.
Contact our advisors today. They can offer a free consultation and free evaluation of your case.
Types Of Injuries You Could Suffer In An Accident
All types of injuries can be caused in accidents: from minor injuries to life aletring harm. Here we are going to take a look at injuries that are commonly suffered after accidents in the work place, on the road or when out in public.
Soft Tissue Injury Claims
Soft tissue injuries can consist of sprains and strains as well as lacerations and puncture wounds. Whiplash injuries cause damage to the soft tissue and are commonly caused by car accidents. For example: if your vehicle is hit from the rear by another vehicle then you head could be thrown backwards and forwards causing sprains and strains in the ligaments and muscles. This could lead you to make a personal injury claim for the soft tissue injury you sustained.
Broken And Fractured Bone Claims
Fractured or broken bones can occur in a number of ways. For example, a slip, trip, or fall in the workplace could lead to a broken wrist or a broken leg. Similarly, a passenger in a car accident could make a claim for a broken rib or a fractured spine.
Head And Brain Injury Claims
Head and brain injuries can be extremely serious and can happen in many ways. For example, if your employer fails to provide you with a working harness, which meant you fell from a height while working on scaffolding, this could lead to a severe brain injury.
These are only a few examples of how a personal injury claim could come about. To learn more about the different types of injury claims, contact our team of advisors today.
Evidence To Support Your Claim
Collecting evidence can be a good way to strengthen and support your claim. Evidence can help you prove who is liable for your accident, and it can also help illustrate your injuries and how they have affected your life.
You can collect evidence by yourself, or a solicitor can help you. Some examples of evidence that you could gather include:
- Witness contact details: Collecting these details means that their statements can be taken later by a professional.
- Photographs: Pictures of your injuries or of the accident site can both be used to strengthen your claim.
- Medical records: Your medical records can help illustrate the extent of your injuries, as well as the extent of any medical treatment you receive.
- CCTV footage: Footage of the accident or the negligent circumstances that led to your accident can also be used as evidence.
Our advisors can give you more information on using evidence to support different types of injury claims, and may be able to connect you with a solicitor to help.
Estimated Payouts For Different Types Of Injuries
If your claim succeeds, you will receive general damages. This is the head of your claim that addresses your injuries and the pain and suffering they have caused. Solicitors often refer to the Judicial College Guidelines (JCG) when calculating settlement awards for this head of claim.
The JCG provides guideline compensation amounts for a number of injuries and illnesses, some examples of which you can find in the table below. However, please note that these figures are only guidelines, and the amount you could receive can vary.
JCG Examples
Injury Type | Compensation Bracket | Notes |
---|---|---|
Moderately Severe Brain Damage (b) | £219,070 to £282,010 | Injuries in this bracket result in a very serious disability, and the person will have a substantial dependence on others due to a need for constant professional care. |
Moderate Brain Damage (c) (i) | £150,110 to £219,070 | In this bracket there is moderate to severe intellectual deficit, and an effect on sight, as well as a significant risk that the person will develop epilepsy. |
Paraplegia (b) | £219,070 to £284,260 | Award will take in to account: extent of pain, depression, age and life expectancy amongst other things. |
Chest Injuries (b) | £65,740 to £100,670 | Permanent damage caused by a traumatic injury to the chest, lungs, or heart, leading to physical disability and a reduction in life expectancy. |
Chest Injuries (g) | Up to £3,950 | Soft tissue injuries or rib fractures that cause serious pain and disability, though symptoms resolve over a period of weeks. |
Wrist Injuries (h) | £47,620 to £59,860 | Function completely lost in the wrist joint. |
Moderate Back Injuries (b) (i) | £27,760 to £38,780 | This bracket can contain many injuries, including crush and compression fractures of the lumbar vertebrae resulting in a risk of osteoarthritis. |
Hernia (a) | £14,900 to £24,170 | Even after repair, there is still a limit to physical activity, employment and sport, and continuing pain. |
Other Arm Injuries (d) | £6,610 to £19,200 | Uncomplicated forearm fractures. |
Less Serious Leg Injuries (c) (ii) | £9,110 to £14,080 | Uncomplicated fractures of the femur and no damage to the articular surface. |
Other Types Of Compensation
The second head of claim that you could receive is special damages. This addresses how your injuries have affected you financially. Costs you could recoup under special damages could include:
- Medical bills
- Prescription costs
- Damage to personal property
- Travel costs to and from hospital appointments
- Prosthetics or mobility aids
- Home adjustments
- Loss of earnings
To learn more about what you could claim for types of injury claims, contact our team today.
Could I Claim With A No Win No Fee Solicitor?
Making a personal injury claim can seem daunting, but our personal injury solicitors could help you through the claims process on a No Win No Fee basis. They offer their services through a Conditional Fee Agreement (CFA), which means you do not need to pay your solicitor a fee for them to begin work on your claim.
Similarly, you will not have to pay any ongoing fees to your solicitor as your claim progresses. The only fee your solicitor takes comes in the event of a successful claim, in which case they will take a success fee. This is a percentage of your compensation, though the percentage has a legislative cap, which means you keep the majority of what you receive. But, if your claim doesn’t succeed, you will not pay any fees to your solicitor.
Speak To Our Team About Your Claim
Our advisors can help if you would like to learn more about different types of injury claims. To start your free consultation with one of our advisors and to find out if you could be eligible to work with one of our solicitors, contact our team today:
- Call on 0800 073 8804
- Start your claim online
- Use the live chat feature for instant help
Learn More About Different Types Of Injury Claims
To learn more about different types of injury claims, we recommend our other guides:
- Different Types Of Criminal Injuries
- Different Types Of Fatal Accidents
- Different Types Of Whiplash Injuries
- Wondering what happens if I lose my personal injury claim? Read our guide to learn more.
Or, for more helpful resources:
- THINK! – Road safety
- HSE – Workers’ Health and Safety
- NHS – When to call 999
For more information on the different types of injury claims, get in touch with our team.