When you have been injured due to the negligence of someone else, whether it be your employer, a stranger, or a business, it can be an incredibly stressful time for both you and your family.
Not only do you have to deal with physical suffering, you also have to deal with the threat to the mental or emotional state of you and your family.
Depending on the severity of your case, you may find that your personal injury has caused, at the minimum, your standard of living to decrease. Or you may find that it has massively impacted your family irreversibly. Many families would simply not be able to get by if their income decreased, never mind with the addition of medical and rehabilitation costs on top of this.
That is why personal injury claims exist: to fairly compensate you for the injury, suffering, and hardship caused by the negligence of another party.
At Brown Turner Ross, our personal injury lawyers are experienced in negotiating injury law settlements and can help you with getting your life back on track.
Contact our expert solicitors in Liverpool for free expert advice on your case with no obligation to proceed.
How long do I have to make a personal injury claim?
You have three years from the initial date of an injury to begin a personal injury claim. However, the sooner you begin your claim usually the stronger your case will be.
This is because personal injury cases require strict expert investigation of evidence and witnesses. If you can keep as much evidence as you can regarding your injury from the beginning, the better position you will be in when your claim begins.
If you have had an accident in a public place, you can make a public liability claim. Businesses should have public liability insurance in place for if their negligence causes harm to any individual on their premises.
Similarly, if you have had an accident at work, then you can pursue an employer’s liability claim against your employer. Whilst it may be uncomfortable filing a claim against your employer, you should always do what is best for you and your family.
What types of claims can I make?
See our below for a list of personal injury claims Brown Turner Ross can help with.
Liverpool’s #1 Injury solicitors
If you are the victim of a serious injury, then you can file a serious injury claim to seek significant compensation for your case.
For an injury to be classed as a serious injury, it needs to have been severe and life changing eg, accidents leading to brain injury, spine injury or amputation.
Being a victim of a serious injury often means a complete change of lifestyle for both you and your family, as well as dealing with the introduction of long term medical and care costs.
Fair compensation is required to enable the injured to return, as close as possible, to their previous standard of living through rehabilitation and medical care.
Because of the severity of serious injury claims, they often take longer than other personal injury claims to settle.
Accident specialist solicitors
One of the broadest categories of personal injury claims include product liability claims which relate to injuries suffered as a result of a ‘defective’ product. This types of product could include – food, electrical equipment, vehicles or drugs/medicine.
Sometimes a more appropriate way of approaching product liability is through a group action, although we can advise you on this personally.
If your loved one has passed away as the result of negligence of another party, then you or another dependant can seek fatal accident compensation. While this does not come close to compensating you the loss of someone close to you, it at least helps with any additional financial costs you have since been burdened with.
On top of compensation for individual factors such as loss of earnings, services, and dependency, there is the Statutory Award for Bereavement which, in its current form, is a sum of £15,120 awarded to the spouse or civil partner of the deceased or, if the deceased is a minor, the parents.
How to make a personal injury claim yourself in the UK?
The first step in any personal injury claim is addressing the incident to whoever you believe to be responsible for it. If the person responsible admits to the accusation and accepts liability there may be no need to go to court.
You should accurately gather any evidence you can that supports your claim. This includes, location, dates and witnesses.
After you have gathered your evidence, you can approach a personal injury lawyer and discuss your case to see whether you have a good chance of winning. Most good lawyers offer a free chat for your initial meeting with no-obligation of moving forward.
How many personal injury claims go to court?
On average in the UK, less than 5% of all personal injury claims go to court. The vast majority of cases are settled outside of court, much earlier in the claim process.
Going to court can prove costly for both the defendant and the claimant, so it is often better to save money by settling outside of court.
The cases that do end up going to court are usually matters where liability is disputed and/or involve a complex legal or medical aspect with a potential value of over £25,000.
However, theoretically, if a settlement for a smaller amount could not be reasonably reached between a defendant and claimant any claim could go to court.
How long does a personal injury claim take?
How long your personal injury claim takes to settle will depend on numerous factors.
First, does the defendant admit liability? If so, and they offer a suitable settlement amount then your personal injury claim can settle very quickly.
Second, is your case simple or complex? Simple claims can often be settled outside of court in just a few months because they are less likely to result in disparaging opinions on who was liable for the injury.
Personal injury cases that take the longest usually involve complex legal and medical disputes where the parties liability and/or medical experts are far apart in their respective opinions.
What happens if I lose my personal injury claim?
If you lose your personal injury claim then you will not receive any settlement or compensation for your injury.
If you are represented by a no win, no fee solicitor then you will not have to pay your own solicitor their fees. However, if you lose your case then you will be liable to pay the court cost and legal fees for the defendant. It is possible to cover yourself in preparation for this with Before or After Event insurance.
Does personal injury compensation affect benefits?
Yes, personal injury compensation may affect your eligibility for certain benefits.
Your eligibility for means tested benefits that are reliant on an upper capital threshold, such as universal credit, income support, and housing benefit, may be affected if you place your full settlement straight into your bank.
To avoid this, it may be advised to set up a personal injury compensation trust. This can be discussed if applicable in your case.
In addition, any final compensation you receive could be reduced to take into account DWP benefits received following your injury up to the date of settlement. A sum may therefore be deducted from the gross total award and repaid direct to the DWP via the Defendant, reducing the net lump sum you will receive.