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Lucy Trevelyan LLB
NCTJ-qualified journalist
How Much Could You Claim?
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Being injured in an accident is a painful, frightening experience which can leave you unable to work and having to pay extensive medical bills. If you’ve been in an accident that wasn’t your fault, you could be eligible to make a personal injury claim.
The money you get from a personal injury compensation claim can relieve the stress and worry of paying your bills while recovering. Also, a successful accident claim can fund private rehabilitation so you can swiftly return to your normal activities.
There are many types of accident personal injury claims. Mishaps can happen at work, in someone else’s home, on holiday, or a public place.
Below are details of the most common incidents that can result in a personal injury claim.
Uneven footpaths, potholes, working from a height without proper safety equipment, wet surfaces – all these hazards can result in a person slipping, tripping, or falling. According to the latest Health and Safety Executive (HSE) report, over one third (32%) of workplace injuries resulted from slips, trips, and falls.
Injuries from trips, slips, and falls can range from deep gashes, broken bones, internal trauma, and catastrophic brain and/or spinal injuries.
Provisional figures for 2023 show that 130,418 people were injured on Britain’s roads, and 1,645 were killed. Of these, 72,155 were injured in car accidents, 16,756 on motorbikes, 14,770 were cyclists, and 19,156 were pedestrians.
Road traffic accidents (RTAs) can result in life-changing injuries, including catastrophic brain and spinal injuries and even amputations.
Most soft-tissue injuries (whiplash) claims are valued at under £5,000 and can be dealt with through an online portal. However, if your injury is severe and requires extensive rehabilitation and your symptoms last longer than 24 months, you should contact a personal injury solicitor to discuss how to claim compensation.
Under the Occupiers’ Liability Act 1957, a person who has control of a property has a duty to ensure other people are not injured when lawfully visiting or working on the property.
In Wheat v E Lacon & Co Ltd [1966] AC 552 Lord Denning defined occupiers and the nature of their general duty by stating that if a person has a “sufficient degree” of control over a premises, they have a duty to any “visitor” to use reasonable care.
Lord Denning also said that to be an ‘occupier’, a person did not have to have exclusive occupation of the property. They could share control of the premises with others.
The meaning of ‘property’ under the Occupiers’ Liability Act 1957 extends beyond homes and buildings. For example, in Ivor Cook v Swansea City Council [2017] EWCA Civ 2142, the Claimant brought a claim after slipping on ice in a public car park.
Everyone should feel confident that their workplace is safe. However, HSE statistics showed that over half a million (561,000) people were injured at work in the year 2022/23, and 138 workers were killed on the job.
Aside from slips, trips, and falls (mentioned above), sources of workplace accidents include:
Workplace injuries cost the country £7.7 billion in 2021/22. The most dangerous industries are agriculture, forestry, and construction.
Most of us go on holiday to relax and have fun. But sometimes entertaining activities such as skiing, cycling, water sports, and swimming in a pool can result in injuries that can result in you spending months or even years receiving treatment and rehabilitation.
If your holiday was a ready-made package holiday, your injuries may be covered by the Package Travel, Package Holidays and Package Tour Regulations 1992. This means you can claim against the holiday company in an English court.
If you were injured at a place or during an activity not part of the package, you can still make a claim but will need to do so in a court based in the country where you received your injury.
If you are injured due to a faulty product, you may be able to claim against the manufacturer, who have a duty to ensure what they sell is safe and fit for purpose. An example of a defective product injury is a burn caused by a faulty electronic appliance or scarring caused by untested cosmetics, skincare, or haircare products.
Claims for defective product injuries are typically covered by the Consumer Protection Act 1987. A Personal Injury Specialist can quickly tell you if the Act covers your injury and guide you through the claims process.
Medical negligence, also known as clinical negligence, happens when a healthcare professional provides treatment that falls below the accepted standard of care, resulting in harm or injury to the patient. In most cases, the Defendant is the NHS Trust, which employs the healthcare professional.
Medical negligence can result in injuries ranging from minor to life-changing. For example, if an infant develops Cerebral Palsy, they may need 24/7 care for life.
Misdiagnosis of cancer can result in a Claimant’s life being cut short. If you have suffered an injury due to clinical negligence, it is crucial to get in touch with a medical negligence claim specialist immediately.
It is important to note that most accident claims are settled outside of court. You may be understandably nervous about bringing a claim against your employer, a local authority, or a package holiday company.
You may not know that organisations must have public and employee liability insurance to pay out compensation for personal injury. You can relax knowing that it is unlikely anyone will be personally liable for your accident.
The easiest way to start an accident compensation claim is to contact a legal advisor immediately. The Limitation Act 1980 provides that Claimants have three years from the date of the accident or when they became aware of the injury to bring a claim, so you must act as quickly as possible.
Your Accident Claims Specialist will likely take your case on a No Win, No Fee basis. This means that if you lose your case, you will not have to pay any legal fees, although you will need to pay any expenses related to your claim (these are known as disbursements).
To find out more about claiming compensation, to find out how much compensation you could be eligible for, or to begin the accident claims process, call for free on 0800 234 6438 today or you can fill in this online claim form and speak with a trained legal advisor for free, impartial advice.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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