Personal Injury Claims

Personal injury claims aim to recover financial compensation to cover medical expenses, pain and suffering, lost wages, property damage, and other losses caused by an accident or incident.

What is a Personal Injury Claim? 

A personal injury claim is a legal process that allows individuals who have suffered injuries or damages due to the negligence or wrongdoing of another party to seek compensation for their losses. Personal injury claims can arise from a wide range of situations, such as road accidents for drivers and passengers, slip and fall incidents, workplace accidents, and more.

What are the elements of a personal injury claim?

• Duty of Care: The responsible party (defendant) must owe a duty of care to the injured party (claimant). This duty requires the defendant to act reasonably and responsibly to prevent harm.
• Breach of Duty: The claimant must demonstrate that the defendant breached their duty of care through negligence, recklessness, or intentional actions.
• Causation: The claimant must establish a direct link between the defendant’s breach of duty and the injuries or damages they suffered.
• Damages: The claimant must have suffered actual damages, such as physical injuries, psychological distress, medical expenses, property damage, loss of income, and other losses.

How long does a personal injury claim take?

The duration of a personal injury claim can vary widely depending on several factors. There isn’t a fixed timeline, as each case is unique and influenced by various variables, but these factors may impact the length of time a personal injury claim takes:

• Severity of Injuries: Claims involving severe injuries that require extensive medical treatment and rehabilitation may take longer to resolve.
• Complexity of the Case: The complexity of the legal and factual issues involved in the case can affect how long it takes to gather evidence, analyse liability and calculate damages.
• Negotiations: The time required for negotiations with insurance companies or the responsible party can vary. Some cases settle relatively quickly, while others require more negotiation.
• Legal Proceedings: If compensation cannot be resolved between the parties the claim will be filed at court.  The court’s involvement can extend the timeline. 
• Disputes over Liability: If there’s a dispute over who is responsible for the accident, the investigation into this will take more time than if the claim the defendant admits negligence. 
• Evidence Collection: The time needed to gather evidence, including medical records, witness statements, and expert opinions, can take months or even years, depending on the complexity and the extent of the issues.
• Insurance Company Response: The responsiveness of the insurance company in reviewing and responding to the claim can influence the timeline.
• Settlement Negotiations: Negotiations can take time, especially if there are disagreements about the value of the claim or the extent of damages.

In general, complex, serious personal injury claims will usually be resolved within a couple of years. 

It’s important to note that while a quicker resolution might be desirable, the primary focus should be on ensuring that the injured party receives fair compensation for their losses. It takes time to cover all of the evidence and to prepare and present the claim.

Personal injury compensation claims

There are many types of compensation that may apply in personal injury claims. These may include:

• Medical expenses
• Lost wages and future earning capacity
• Pain and suffering
• Accommodation adaptions
• Mobility adaptations 
• Carers fees
• Aids and Appliances 
• Property damage
• Rehabilitation costs
• Legal fees

It’s important to note that personal injury lawyers in England and Wales are governed by the same jurisdiction. Northern Ireland and Scotland have different jurisdictions.  

Can I make a personal injury claim after 3 years? Is there a time limit to personal injury claims?

In the UK, the limitation period for most personal injury claims is three years from the date of the incident that caused the injury. This is often referred to as the ‘limitation period’. However, there are some exceptions to this. It is different for minors under the age of 18 and people who lack mental capacity. It’s best to speak with a solicitor for advice specific to your situation. 

Price Slater Gawne can help

If you would like to speak with one of our expert solicitors to establish if you have a claim, please get in touch today by calling 03333 058375 or email to seriousinjury@psg-law.co.uk. 

Read our Serious Injury FAQs below