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> PERSONAL INJURY
If you are not sure if you can claim for a personal injury and you or someone close to you suffers physical and/or psychological harm because another party failed to take reasonable care then read on.
A personal injury claim can be brought when someone suffers physical and/or psychological harm because another party failed to take reasonable care. Common examples include:
To succeed in a personal injury claim, the injured party must demonstrate that the defendant owed a duty of care, that this duty was breached, and that the breach directly caused injury and consequential losses.
Compensation in personal injury cases is intended to restore the injured person, as far as possible, to the position they were in before the accident occurred. This compensation is divided into two main categories: general damages and special damages. General damages address non-financial losses such as pain, suffering and loss of amenity, reflecting the impact the injury has on quality of life. Special damages cover financial losses, including medical expenses, travel costs, lost earnings and any future financial needs resulting from long-term or permanent injuries.
Time limits also play a significant role. Under the Limitation Act 1980, most personal injury claims must be brought within three years of the date of the accident. This means the claim must be settled or court proceedings started within three years from the date of the accident. There are exceptions for children, whose three-year limit begins on their eighteenth birthday, and for individuals who lack mental capacity, where time limits may not apply. From a practical point, it is advisable to pursue a claim sooner rather than later to maximise the chances of the claim being successful, as people’s memories fade with time and important documents/evidence can be lost. Seeking early legal advice is often essential.
The claims process itself involves corresponding with insurance companies, attending medical assessments, evidence gathering and, in some cases, court proceedings. Many claims, however, are resolved without going to court through settlement agreements. Legal representation can be especially important, as insurance companies may attempt to minimise compensation or challenge aspects of the claim. Our claims are funded through Conditional Fee Agreements, commonly known as “no win, no fee agreements,” which help reduce the financial risk involved in pursuing a claim.
A personal injury claim is not just about compensation; it is also about accountability and safety. By holding negligent parties responsible, the system encourages higher standards across workplaces, public spaces and roadways. For injured individuals, the law provides a measure of justice and the financial support needed to rebuild lives. Although no amount of compensation can erase the trauma of an accident, a fair settlement can offer stability and a path forward for those whose lives have been disrupted.
In many cases we are also able to work with the defendant’s insurance company to secure funding for rehabilitation treatment such as physiotherapy or counselling, in order to speed up and maximise the injured persons recovery.
If you have been in an accident that wasn’t your fault, get in touch with one of our personal injury specialists today on 01482 323697.
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Drop us an email or give us a call for a no obligation chat to see if we can help.