personal injury - about your claim
An injury may be psychological or physical, so you may be able to get compensation for distress or upset after an accident as well as for a physical injury. You can only claim compensation for an injury if a person, company or some other organisation is at least partly to blame. You will not be eligible for compensation if the accident is deemed to be wholly your own fault. If you want a fair and independent assessment of the likelihood of your claim's success, use the contact box on the right, call us free on 0800 066 99 07 or send details of your claim to our claim support legal team for free, confidential, no obligation legal advice.
For a claim to succeed, another person or organisation must have been careless about the way something was:
If the person or organisation was careless ('negligent'), you will be eligible for compensation proportional to the injury you have suffered.
A personal injury can happen, for example:
Personal injury - time limits on claimsThe most common claim in a personal injury case is negligence. In negligence cases a claim for compensation must be made within three years of you being first aware that you have suffered an injury. The distinction is important: in the case of an accident this is likely to be three years of the accident taking place. However in the case of an 'environmental' injury such as an illness caused by the presence of asbestos in the workplace, you may not be aware that you suffer from the disease until years after the original exposure. In such cases a claim is possible for up to three years after a diagnosis is made. If your injury results from an assault you can make a claim against the assailant in the civil courts for up to six years after the attack took place. In most cases, claims for criminal injury with the Criminal Injuries Compensation Authority (CICA - http://www.cica.gov.uk) must be made within two years of the injury being suffered. Time limits on claims involving aircraft and boats are less than three years and depend on the circumstances of the accident. Contact our claim support legal team for assistance with such claims. After-death claims are relatively common, particularly in cases of 'environmental' diseases such as that caused by exposure to asbestos. If the person who has been injured dies within the normal three-year limit for making a claim, action can be taken on their behalf. Action is possible no more than three years after:
After-death claims require special guidance. Contact injurywatch.co.uk's confidential claim support legal service for assistance with such claims. The same time limits apply to a child's claims as for adults, but the clock only starts running on their eighteenth birthday. A child does not need to wait until they are 18 to make a claim. But someone under 18 cannot take legal action in their own right: The law deals with this by allowing a ‘litigation friend’ to pursue the case on their behalf. A litigation friend might be
Claims for injuries incurred abroad require special advice. Please contact injurywatch.co.uk's confidential claim support legal service for assistance with such claims. .
Taking the proper stepsYou will greatly enhance your chances of making a successful claim if you take the following steps as soon as possible after the accident happens :
Useful evidence
If your injury is very minor you can make choose only to make a complaint to the body concerned to prevent a similar incident happening again and perhaps secure an apology. Most official bodies have formal complaints procedures but these can be time consuming and your best outcome might be an explanation, prevention of a similar future event and an apology. If your complaint is for a very minor injury on private premises (such as a shop) you may secure an apology and a small amount of money or goods as a token of goodwill. (See smaller claims, consumer injuries and alternatives to court for claims where the compensation is likely to be less than £1,000). Please contact injurywatch.co.uk's confidential claim support legal teaam if you need guidance on likely compensation levels. But for any injury which involves considerable hurt or distress or loss of earnings, you may well prefer to seek financial compensation. |
Claimable expenses
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