Personal Injury Claims – Check Your Eligibility
Personal injury claims can be made if you’ve been injured due to negligence. This means that the accident that caused your injury resulted from a breach of duty of care that someone owed to you.
There are various third parties that could owe you a duty of care. This can include your employer or another road user. It can also include the person responsible for the safety of a public area such as, a local council or a restaurant owner.
Each claim is unique so establishing negligence in personal injury claims will often need to be achieved in slightly different ways. Various circumstances can affect the steps you’ll need to take to prove you are eligible to receive compensation.
This article elaborates on various aspects of eligibility. If you have any questions as you read, then please get in touch with our advisors. You can find our contact details at the top of the page if you require further elaboration at any point.
Alternatively, read on for more information.
Jump To A Section
- What Are Personal Injury Claims?
- How Long Do Personal Injury Claims Take?
- Can I Claim For A Personal Injury If I Was At Fault?
- Personal Injury Claims – How Long Do I Have?
- No Win No Fee Legal Assistance
What Are Personal Injury Claims?
Various third parties owe you a duty of care. This includes:
- Road users
- Local councils
- Business owners
- Your employer
They all must take reasonable steps to reduce the risk of injuring you. This is what’s known as the duty of care. Different pieces of legislation outline this duty, for example:
- For road users, the duty of care is outlined in the Road Traffic Act 1988. There is also guidance and rules in the Highway Code.
- For employers, their duty of care can be found in the Health and Safety at Work etc. Act 1974.
- The Occupiers’ Liability Act 1957 sets the duty of care for those in control of a public space.
If the steps that these parties must take are not carried out, then you could become injured as a result due to them breaching the duty of care they owe. This is known as negligence. If you can establish negligence during the personal injury claims process, then you could be eligible to receive compensation for any physical and psychological harm.
The amount you receive could cover the pain and suffering you experience as a result of your injuries. It could also reimburse you for certain other costs associated with your injuries – such as medical expenses, for example. These two figures are known as general damages and special damages respectively.
How Long Do Personal Injury Claims Take?
There is no answer to the question ‘how long do personal injury claims take?’ that will be accurate for all scenarios. Each claim needs to be addressed on an individual basis as they are all unique. Generally speaking, a more complex claim will often take longer than one that is typically simpler.
However, you can take steps to strengthen your claim, such as gathering evidence. This can include:
- CCTV Footage
- Photographs
- Witness statements
- Medical records
Get in touch today, and we may be able to give you a more accurate time frame once we know more about your potential claim.
Can I Claim Personal Injury If I Was At Fault?
In some situations, it could be that you were partially at fault for the accident. The rest of the blame could rest with another party. If so, then this is known as split liability. If split liability is established, then you could still be compensated for your injuries.
However, it would not be a full settlement that you receive. For example, it could be decided that you were 50% to blame for the accident that caused your injuries. If so, you would receive only 50% of what would normally be a full payout. In the case of a £10,000 claim, 50% liability would mean that you receive £5,000 instead.
If there was no one else to blame other than yourself for your injuries, it becomes unlikely you’ll receive anything at all. However, it can be helpful to seek legal advice to determine whether you’re eligible to claim.
Personal Injury Claims – How Long Do I Have?
The Limitation Act 1980 tells us that you generally have 3 years to begin the process of making a claim from the date of the accident or the date you connected negligence to your injuries.
It can still be possible to claim after this 3-year time limit. For instance:
- Claiming on behalf of a child – An appointed adult can claim on the behalf of an injured party under the age of 18. Children cannot claim for themselves until they reach adulthood. Their time limit begins on their 18th birthday during which time they can make their own claim if no one has already claimed on their behalf. Before this date, the appointed adult can apply to act as a litigation friend to claim on their behalf whilst free of time constraints.
- Suffering from a reduced mental capacity – In these cases, the time limit is also suspended. It can begin from the date of recovery. Before then, a litigation friend can make the claim on the defendant’s behalf.
No Win No Fee Legal Assistance
It could be that you’re eligible to work with a No Win No Fee solicitor. If so, this means that they could offer their services under a Conditional Fee Agreement.
As such, you typically don’t have to pay for their services upfront, if the claim fails or while the claim is ongoing.
The solicitor will take a percentage of your settlement if you are successful in your claim for compensation.
All of the solicitors on our panel can work with you on a No Win No Fee basis, if your claim is valid.
Get in touch today for more information on personal injury claims. An advisor can assess whether you’re eligible to seek compensation for injuries you have sustained due to third party negligence.
Additional Resources
Below, we have provided additional resources that you may find helpful:
- Health and Safety Executive – Employer’s responsibilities
- NHS – First aid
- GOV – Compensation after an accident or injury
You can also check out some of our other guides here:
- Learn more about claiming personal injury compensation here
- See our guide to the personal injury claims process here
- Learn more about the time limit for personal injury claims here