Introduction

Damages can be claimed for any injury of your mind, body or emotions that were caused by someone else’s fault, or negligence. Wherever possible we would suggest claiming against an employer (under vicarious liability rules) or insurance companies. The reason is simple, there is a designated claim path and they have deeper pockets. The amount of compensation you can claim for a personal injury will depend on the severity of the injury. Injuries involving Intense physical pain and suffering typically amount to higher pay-outs.

 

The most common areas of personal injury include:

• Road traffic accidents;
• Injured on public transport;
• Defective Equipment;
• Hit and run;
• Tripping or slipping injury;
• Negligence;
• Cyclist injuries;
• Injuries in the armed forces; and
• Pedestrian injuries.

 

Of course, there are many more areas that constitute personal injury including but not reduced to, work-related injuries, assault and medical negligence claims. These cases most likely will result from an intentional act such as recklessness, breach of duty or attempts of defamation.

 

However, most cases will base a claim around negligence. To make this claim 4 elements must be proven:

1. The opposing party had a duty to act reasonably in the situation at hand;
2. The opposing party breached this duty of care;
3. The opposing party’s breach caused you harm; and
4. You suffered a personal injury and monetary damages as a consequence of the breach.

It is important to note that an admission of liability, is not always necessary for compensation for a personal injury claim. It is more common for the at-fault parties in the scenario to settle claims on a “without prejudice” basis. This will mean that you will be offered a sum of money to settle your claim without the party making an admission of liability.

 

How we can help

One of the issues with personal injury is proving of fault, sometimes this is obvious (accident), sometimes through negligence (GP, NHS etc). To quantify compensation our legal team will appoint consultants to assess your situation, they are privately contracted by us (and therefore their cost would be classed as a disbursement). To quantify the potential claim in regard to mental trauma we would suggest an additional report from our psychological team.

 

The claim will consider two types of damages:

• General damages- this compensates the victim for the pain and suffering endured, and for the loss of enjoyment of life as a result of the negligent act.
• Special damages- this compensates the victim for any personal costs incurred as a result of the negligent act. It can also cover any additional costs required in the future such as remedial surgery to remedy the mistake, mental suffering and so on.

 

To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link. Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and medical consultant and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.