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Personal Injury Claims & Compensation 

Sustaining an injury of any kind is distressing. Even more so if the accident that led to the injury wasn’t your fault.

At Lawhive, our dedicated network of personal injury solicitors is here to help ease the burden on you and your loved ones. We've helped numerous individuals claim compensation for personal injuries, as well as supported clients to access the right rehabilitation services, medical care, and support to aid their recovery.

The majority of claims we manage operate on a no-win no-fee basis, so you likely won't be required to pay any upfront costs, and the financial risk to you is minimal if your claim isn't successful.

For more information and a case evaluation from our expert personal injury legal assessment team contact us today.

If you find yourself in this situation, our specialist personal injury solicitors are on hand to help you find a way through, from claiming compensation to helping you get the medical, emotional, and rehabilitation support you need as part of your recovery.

In this guide, we'll answer:

• What is a personal injury?

• What is a personal injury claim?

• How long do you have to make a personal injury claim?

• What types of personal injuries can you make a claim for?

• How much compensation can you claim for personal injury?

• What damages can you claim for in a personal injury claim?

• Who can make a personal injury claim?

• Are you eligible to make a personal injury claim?

• How do you make a claim for personal injury?

• How do you prove a personal injury claim?

• Who pays personal injury compensation?

• Do you need a personal injury lawyer to make a claim?

• How long will a personal injury claim take?

• How much does it cost to make a personal injury claim?

• Do you have to go to court for personal injury claims?

• Do you have to go to medical appointments?

• How to choose a personal injury lawyer

What is a personal injury? 

A personal injury refers to any harm or damage sustained to an individual’s body, mind, or emotions, typically caused by the negligence or intentional actions of another party. 

Personal injury covers a wide range of situations, from accidents and medical malpractice to workplace incidents, with the potential for legal claims seeking compensation for the resulting losses. 

What is a personal injury claim? 

A personal injury claim is a legal action started by an individual who suffered harm to seek compensation from the party responsible for causing the injury. It involves presenting evidence of the other party’s negligence or wrongful actions and demonstrating the impact of the injury, with the ultimate goal of receiving financial compensation for medical expenses, loss of earnings, and other related damages. 

How long do you have to make a personal injury claim? 

In the UK, the time limit for making a personal injury claim is generally three years from the date of the injury or from the date when the cause of the injury becomes known. 

However, exceptions may apply to this limitation period. Therefore it’s important to seek legal advice from a personal injury specialist to ensure compliance with specific circumstances and potential variations. 

What types of personal injuries can you make a claim for? 

You can make a compensation claim for various types of personal injuries, including but not limited to: 

• Road traffic accidents;

• Accidents at work; 

• Injuries on public property;

• Medical negligence;

• Injuries caused by defective products or inadequate warnings; 

• Criminal injuries sustained as a victim of violent crime;

• Slips, trips and falls;

• Industrial diseases resulting from workplace conditions or exposure.

How much compensation can you claim for personal injury? 

The amount of compensation you can claim for a personal injury varies widely and depends on several factors, including the severity of the injury, the impact on your life, and the financial losses incurred.

Compensation typically covers: 

1. General Damages: for pain suffering, and loss of amenity; 

2. Special Damages: for medical expenses, lost earnings and travel costs 

The specific amount of compensation you can win in a personal injury claim is determined by looking at similar cases, legal guidelines, and expert opinions. In severe personal injury claims with long term consequences, the compensation may be substantial. 

What damages can you claim for a personal injury claim?

When filing a personal injury claim, you can include various elements to seek compensation for the damages you’ve suffered, such as: 

Medical Expenses 

This includes costs related to your medical treatment, such as hospital bills, medications, rehabilitation and future medical expenses. 

Lost Earnings 

Compensation for income lost due to the injury, covering the period you were unable to work and potential future loss of earnings. 

Pain and Suffering 

Non-economic damages for physical and emotional distress caused by the injury, aiming to compensate for the impact on your overall well-being. 

Property Damages 

If the injury resulted from an accident involving property damage (i.e. a car accident), the cost of repairing or replacing damaged property. 

Travel Expenses 

Reimbursement for expenses incurred while travelling for medical treatments, consultations, or legal proceedings related to the injury. 

Home Modifications 

Compensation for necessary modifications to your home if the injury requires changes to accommodate disabilities. 

Care and Assistance 

Costs associated with hiring caregivers or assistance with daily tasks if the injury has resulted in a need for additional support. 

Loss of Consortium 

In some cases, compensation for the negative impact the injury has on relationships with family or spouses. 

Future Damages 

Anticipated future expenses, such as ongoing medical treatment, long-term care, or future loss of earnings due to the injury. 

Including these elements in your personal injury claim provides a thorough picture of the financial, physical, and emotional impact of the injury, helping to determine compensation. 

Who can make a personal injury claim? 

Anyone who has suffered a personal injury due to negligence or wrongful actions of another party can potentially make a personal injury claim. This includes: 

• Individuals who have been harmed physically, mentally, or emotionally; 

• Legal guardians of minors or those unable to represent themselves who have sustained injuries; 

• Family members or dependents in case of a fatal injury; 

• Legal representatives (i.e. personal injury lawyers) making a claim on behalf of an injured person.

Are you eligible to make a personal injury claim? 

Determining your eligibility to make a personal injury claim involves considering a few key factors: 

1. You must have suffered a physical, mental or emotional injury that is documented through medical records or other relevant evidence; 

2. Your injury must be a result of someone else’s negligence or intentional actions. This could be an individual, business, hospital, or other entity. 

3. Generally, you need to initiate legal proceedings for personal injury within three years from the date of the injury or when you became aware of its cause. 

4. You, or someone acting on your behalf, must have the legal capacity to make a claim. This includes adults and legal guardians for minors or individuals lacking capacity.

If you are unsure if you are eligible to make a personal injury claim, a solicitor can assess the specifics of your situation and provide personalised guidance. Contact us today to get a free case assessment and quote from our legal assessment team. 

How to make a claim for personal injury 

To make a claim for personal injury you should: 

Seek medical attention 

It is important to prioritise your health and seek immediate attention for your injuries. You should make sure that your injuries are documented thoroughly by healthcare professionals, as this will help you to prove your personal injury claim in the future. 

Report the incident 

Report the incident to the relevant authorities, such as the police in the case of road traffic accidents. Make sure that the incident is documented in an official report. It may also help you in the future if you make yourself a note of the incident including: 

• The date and time; 

• Location; 

• Names and contact details of witnesses; 

• Timeline of events; 

• What happened; 

• How you responded to the incident and the injury. 

Photographs and CCTV footage can also be helpful in personal injury cases, too.

Gather evidence 

Collect as much evidence related to the incident as possible, including photographs, witness statements, and any relevant documents. You should also keep a record of all medical reports, receipts, and other documents related to the injury. 

Identify the responsible party 

Determine who is responsible for your injuries. This could be: 

• A driver, cyclist, or motorist in the RTA claims; 

• Your employer; 

• A business (such as a restaurant or shop); 

• A hotel or travel agent; 

• A local authority; 

• The manufacturer of a product; 

• The Ministry of Defence. 

Identifying the responsible party in a personal injury claim can sometimes present challenges. For example, in some incidents, multiple parties may share responsibility and it can be hard to determine the extent of each party’s liability. Or, in cases of hit-and-run accidents, identifying the responsible party might be difficult because they cannot be located.

It’s important to collect as much information about the accident as possible to help determine who the responsible party is. In many cases, you might find you’re claiming against the insurers of the person or company who is responsible. Therefore, it’s important to find out who those insurers are in order to process the claim quickly and efficiently. A personal injury specialist can help with this process.

Consult with a personal injury lawyer 

A personal injury lawyer can help you assess the strength and viability of your claim. 

Send a Letter of Claim 

Your personal injury solicitor will send a Letter of Claim to the responsible party.

A Letter of Claim outlines the details of the incident, the injuries you’ve sustained, and the compensation you are looking to get as a result of the personal injury claim. 

Negotiation or Court Proceedings 

Following the Letter of Claim, the responsible party may respond with an admission or denial of liability. This means they will either accept responsibility for the personal injury, or deny it.

If liability is admitted, you and your personal injury solicitor will negotiate a fair settlement with the other party. However, if they deny it, legal proceedings may be initiated. 

Your solicitor may also negotiate interim payments with the responsible party or their insurance company. These payments are designed to provide financial assistance during the ongoing legal process to cover immediate expenses and financial burdens resulting from the injury. 

Settlement or Court Judgement 

If a settlement is reached outside of court, you’ll receive compensation in line with that agreement. If not, the case may proceed to court, where a judge will hear all of the evidence and determine an outcome. 

Compensation

The responsible party or their insurance company may choose to pay the settlement amount in a lump sum or through structured payments over a specified period. The chosen payment method is typically outlined in the personal injury settlement agreement. 

Before compensation is awarded, the injured party is usually required to sign a release of liability, which waives their right to pursue further legal action related to the specific incident. Once all terms are agreed and the release is signed, the compensation is awarded to the inured party.

Having a personal injury lawyer by your side through personal injury claims can significantly enhance your chances of success. They can guide you through the process, ensure all necessary documentation is in place, and advocate for your best interests through a distressing time. 

How to prove personal injury claims

Suffering a personal injury can be overwhelming, and seeking compensation adds another layer of complexity and stress. Knowing how to prove your case is important to secure justice and fair compensation. 

To prove a personal injury claim you should: 

• Gather evidence including medical records, photographs, witness statements, and any other documentation related to the incident; 

• Demonstrate that the other party was negligent or at fault, for example showing they breached a duty of care; 

• Establish a direct link between the negligent actions and your injuries, such as medical evidence that demonstrates injuries were a result of the incident;

• Quantify damages by clearly outlining the extent of your losses, including medical expenses, lost earnings, and any future expenses or impacts on your life

In complex cases, experts may be called upon to provide professional opinions on specific aspects, such as medical conditions or accident reconstruction. 

A personal injury lawyer can support you in collecting evidence relating to your claim, including witness statements and establishing negligence to make sure your case is strong and increase your chances of success.

Who pays personal injury compensation?

Personal injury compensation is typically paid by the party found to be at fault or, more commonly, their insurance company. Common insurance policies that cover personal injury claims include: 

• Personal liability insurance; 

• Employer’s liability insurance; 

• Public liability insurance;

• Product liability insurance; 

• Professional liability insurance. 

In many situations, liability insurance plays a key role in covering the costs of personal injury compensation. This insurance is typically held by individuals, businesses, or professionals to protect them in the event of legal claims arising from injuries caused by their actions or negligence. 

In some cases, especially for individuals without insurance, the responsible party may be personally responsible for the compensation. 

Do I need a personal injury lawyer to make a claim? 

While you aren’t legally required to hire a personal injury lawyer to make a personal injury claim, legal representation can significantly increase your chances of success.

Personal injury law is complex. A lawyer can help assess the true value of your claim, negotiate with insurance companies or the responsible party to secure a fair settlement on your behalf, handle the legal documentation, present your case in court, protect your rights, and make sure you are not taken advantage of.

While you can technically represent yourself in a personal injury claim, the complexities of personal injury law and the potential for significant compensation depending on the incident make hiring a lawyer the smart choice for most individuals pursuing a personal injury claim. 

How long will a personal injury claim take?

How long a personal injury claim takes can vary depending on: 

• The complexity of medical treatment and time needed for recovery; 

• Disputes over who is at fault; 

• The negotiation process between you and the responsible party or their insurance company; 

• Court schedules;

• Responsiveness of insurance companies; 

• How long it takes to collect evidence. 

While some claims are resolved relatively quickly, others may take several months or even years, depending on the circumstances. 

How much does it cost to make a personal injury claim?

The costs associated with a personal injury claim can vary, and it’s important to understand the potential expenses involved. These include: 

Legal Fees 

Many personal injury lawyers work on a contingency fee basis (also known as no win, no fee). This means they only get paid if you win your case.

Typically, a no-win, no-fee personal injury lawyer’s fee is a percentage of the compensation awarded. If the case is unsuccessful, you generally won't have to pay legal fees, however, other costs may still apply. 

Disbursements 

While legal fees are often contingent on winning the case, disbursements are costs incurred during the legal process. This might include fees for medical reports, court filing fees, expert witness fees, and other out-of-pocket expenses. Some lawyers may cover these costs (known as disbursements) initially and deduct them from your settlement. 

Insurance Policy Deductibles 

If you have legal expense insurance, it’s important to check the terms and conditions. You might be responsible for a deductible or some expenses not covered by the policy. 

It’s really important to talk about fee structures and potential costs with your personal injury lawyer so you have a clear understanding of the financial implications of pursuing a claim.

At Lawhive, our legal assessment team can give you a free case assessment and quote for the help of our personal injury lawyers. Get in touch to learn more.

Do you have to go to court for personal injury claims? 

No, the majority of personal injury claims are settled without going to court. For the most part, the process usually involves negotiation between you, your personal injury lawyer, and the responsible party or their insurance company. Many cases settle at this stage, and court proceedings aren’t necessary. 

However, there are some situations where going to court becomes necessary if: 

• There is a dispute over who is at fault for the injury; 

• Negotiations fail to end in a fair settlement; 

• Both parties can’t agree on the extent of damages and appropriate compensation; 

• There’s a risk of missing legal deadlines for filing a claim. 

While going to court for a personal injury claim is possible, it’s often in the interest of both parties to settle the matter outside of court. It can save time, reduce legal costs, and provide a more predictable resolution. 

Will I have to go to medical appointments as part of the personal injury claims process? 

Yes, it is common for individuals pursuing personal injury claims to attend medical appointments as part of the claims process. These medical appointments may be required to assess and document the extent of your injuries, determine medical treatment, rehabilitation, or therapy required, or evaluate the long-term effects of the injury. 

In some cases, the responsible party or their insurance company may request an Independent Medical Examination (IME) by a doctor of their choosing to provide an independent assessment of your injuries.

How to choose a personal injury lawyer for your claim

When it comes to choosing the right personal injury lawyer for your case, it’s important to look out for: 

1. Experience: Look for a personal injury solicitor with a proven track record in personal injury cases, preferably with experience in cases similar to yours;

2. Reputation: Check reviews, testimonials, and recommendations to gauge the lawyer’s reputation and success in personal injury claims. 

3. Communication: Choose a personal injury lawyer who communicates clearly, keeping you informed about the progress of your case and explaining legal processes in a way that’s easy to understand;

4. Fee Structure: It’s important to understand your chosen solicitors' fee structure, whether it’s based on contingency (a percentage of the compensation) or other arrangements, and discuss any potential additional costs. 

Always trust your instincts when it comes to choosing a lawyer. Personal injury claims can be complex and difficult, particularly if you are still learning to cope with the injury and what it means for your future.

A good personal injury solicitor will feel passionate about helping you access the help and compensation you deserve, and make you feel confident and supported through the process of making a claim. 

Personal Injury Claim Solicitors at Lawhive

Have you suffered a personal injury and are unsure about your next steps? At Lawhive, our dedicated team of solicitors is here to guide you through the entire process with compassion and expertise.

Why choose Lawhive for your personal injury claim?

• Our solicitors specialise in personal injury claims and our legal assessment team have legal qualifications, so you always have a professional by your side;

• Our team provides compassionate, timely support throughout your journey;

• We streamline the process, making it straightforward for you. Your time matters, and we work efficiently to secure the compensation you deserve;

• Worried about legal fees? Relax! Qualifying cases are taken on a Conditional Fee Agreement basis, so you can pursue justice without financial stress;

• We keep you informed at every step, ensuring you're in control.

To get started, simply reach out to us for a free case assessment. We'll evaluate your case and discuss the best path forward.