Personal injury claims

Personal injury is the term used for an injury to the body, mind or emotions. The term personal injury is most commonly used to refer to a type of legal case where an individual is alleging that they have suffered an injury or disease because of negligence, omission or as a deliberate act of another person or organisation.

In such cases where blame can be attributed some sort of recompense for any losses may be sought. This could either be by way of an apology; an assurance that changes will be implemented to ensure there is never a reoccurrence or financial compensation.

What is classed as a personal injury?

A personal injury could be either a physical injury, illness or disease or a psychological injury or illness. Personal injury could include:
An injury received because of road accident
An injury received because of faulty goods or services
An injury caused by an error of hospital treatment or vaccinations
An injury at work, including psychological illness caused by stress
An industrial disease, such as emphysema, asbestosis, vibration white finger etc
A psychological illness due to child abuse
A physical or psychological injury or illness resulting from an incident of crime.

The list is not exhaustive, and we would recommend that you seek professional advice should feel that you have been a victim in anyway and are looking to make some sort of claim.

Taking action: Apology or explanation

If you have suffered an accident or injury you may be entitled to an explanation of what went wrong and to receive an apology. In some cases, there may be an official complaint process you can use. If you feel this would be a sufficient remedy for your particular circumstances, then you might want to write to the organisation you believe is responsible. This might be a local authority, a government department or your employer.

Taking action: Financial compensation

If you are looking for financial compensation, then there are a number of routes to pursue this.

‘Claim’s Assessor

Claim’s assessors or claim’s management companies who may handle the case themselves but may not be legally qualified and hence may encourage you to settle out of court with the result of you receiving a lower compensatory sum. You may also have to pay a percentage of any compensation in fees. Claim’s management companies are regulated by Government and must be authorised to act, and you can check whether this is the case on the Ministry of Justice, Claim’s Management Regulation website. They must stick to a strict set of rules which cover how they advertise, take on business, deal with and represent clients. Before using a claim’s assessor, you should check they are authorised using the web link below.

If you aren’t happy with the service you get from a claim’s assessor, you can make a complaint. They must have an internal complaints procedure which they must tell you about.

Legal action

If you want to take legal action to claim compensation for a personal injury you will need to get advice from a solicitor specialising in personal injury cases who is a member of the Law Society’s personal injury accreditation scheme or clinical negligence accreditation scheme. There are time limits within which you must begin legal action in a personal injury claim so you should not delay seeking legal advice if you wish to claim compensation. In some cases, a court may decide to extend a time limit, depending on the circumstances of the case. Legal action for a personal injury can be expensive. You may be able to get help with legal costs from, for example:-

A solicitor or organisation providing legal aid
A trade union or other membership organisation such as the AA or RAC insurance policy: many house contents policies offer cover for legal fees

Many solicitors will either add their costs to the total sum being claimed, or alternatively work on a conditional fee arrangement or no-win-no-fee basis where, in the main, you will have little or nothing to pay if you win your case, but could be expected to cover the other party’s costs if you lose and so you will need to take out an insurance policy to cover this possibility which can be costly and only recoverable if you win. Other costs such as expert witnesses, barrister’s fees, travelling expenses and court costs may not be included in no-win-no-fee arrangements so check your contract very carefully before you proceed.

There may be instances where it is beneficial to act in conjunction with others in a multi-party action, as costs can be reduced, or more expert witnesses employed than when acting individually.

If you receive any compensatory sum and you are in receipt of certain state benefits you may be required to repay these benefits out of the compensation, alternatively the amount of benefit can be deducted direct from the compensation award.

Criminal injuries compensation scheme

If the injury is sustained as a result of a violent criminal act in the UK, compensation can be pursued through the Criminal Injuries Compensation Scheme. The individual would need to co-operate with the police and their enquiries, however the assailant does not need to be caught or convicted in order for a victim to receive an award. Claim’s should be made to the scheme as soon as possible after the incident; there is a two-year time limit unless the injury only became apparent after this period or the claim is in relation to child abuse. There is a set scale of compensatory awards that considers account both the nature and seriousness of the injury; loss of earnings may also be considered.

MASS

If you suffer a personal injury involving a road traffic accident, The Motor Accident Solicitors Society (MASS) is an association of solicitors in England, Wales and Northern Ireland who are experienced in handling motoring accidents. Alternatively, if you are a member of a motoring organisation like the AA or RAC you may be able to access specialist advice through them.

Whatever course of action you decide to take you will need to provide some evidence to support your claim, below are just a few examples of what you might wish to consider doing.

Record details of the incident when they are fresh in your mind – date, location, weather conditions, circumstances
Details of the injury sustained, preferably with photos at the outset as well as any permanent scarring, and copies of any medical reports and interventions.
A diary of events and practices if the injury is a result of accumulation over a long period e.g. exposure to harmful substances
Details of witnesses, their names, addresses and perhaps a statement signed and dated; this could include other people injured in the same incident
Reports to the relevant different organisations and representatives, e.g. police, doctor, insurance company, health and safety representative and keep copies of correspondence

For further and more in-depth information relating to this topic click on the web link below.

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