How do I know I’m eligible for an injury compensation claim?

Any personal injury compensation claim brought about as a result of actions taken or no actions having been taken to ensure your personal safety whether at work or in a public place is eligible for compensation. No matter how minor your injury if it is possible to provide evidence that the accident that resulted in your injury came about as a result of slackness in basic safety protocol you should consider making a claim.

It is important to remember the term injury compensation claim is not only applicable to does a physical injury such as a car accident injury compensation claim. For example cases of bullying at work are tried citing psychological injuries. These type of cases can stressful for those suing their employers, but rest assured all injury compensation solicitors and the courts take these instances very seriously and treat these cases with the respect and sensitivity they deserve.

What are the most common types of injury compensation cases?

Injury compensation can cover a vast range of accidents including road related accidents, work injury compensation, slips and falls in a public place, RSI and industrial injury compensation. You can also claim for criminal injuries and dog bites due to neglectful dog ownership.

All criminal incidents should be logged at the local police station as soon as possible and in order to proceed with your claim you will be given a crime reference number.

My injury occurred at work – if I claim compensation, will I lose my job?

No. Every employee has the right to claim for any injury sustained while at work, and the law states that any employee who rightfully pursues this privilege is exempt from dismissal at work.

All employers have a duty of care toward employees under the industry Health and Safety guidelines and if these are seen by the courts to have not been upheld, you will be entitled to work injury compensation and loss of earnings no matter what the nature of your injury. Every employer is required to have an insurance policy to cover its workers in the event of injury so your employer will not directly lose out as a result of your claim.

My injury happened a long time ago, can I still claim?

If your injury occurred within the last three years you will, in most cases, still be eligible to claim. The success rate in most injury compensation cases that happened a long time ago depends on the evidence you can provide from that time and since.

This is why it is important to remember to always register a complaint with the relevant authority at the time of the incident, no matter how small the injury. The courts recognise that injuries can worsen over time and that resultant problems can cause loss of earnings as well as confidence in the long term.

Are there any exceptions to this time limit?

Yes, the law has different claim periods for more specific types of injury, for example, in the cases of industrial injuries compensation claims and medical injury claims, this period is not necessarily applicable, as these types of injuries do not always show themselves until a considerable time later. For these types of claim, the standard three-year limit only begins as of the ‘date of knowledge’, which is the date when a claimant becomes aware of the nature of their injury.

Where a child has been injured, the three-year limit begins only at their 18^th birthday. This happens because the courts recognise that younger children are not always equipped to express the nature of the problem. Giving the child extra time to understand the nature of their injury gives an injury compensation solicitor a better chance of winning damages appropriate to the nature of the injury the child has suffered.

Claims involving criminal injuries compensation such as violent crime only have a claim period of two years however and will require a crime reference number as a starting point.

Personal injury claims which result of an injury abroad can vary greatly in claim time limits. Contact us directly for more information relating to any injury sustained abroad.

How much compensation can I expect?

Since every case is unique, a specialist solicitor will review all the factors involved in your injury compensation case and be able to judge how much you can expect. The amount you will be eligible for is in the main dependant on the nature and the severity of your injury. There are national guidelines to determine how much a claimant can ask for, but these do not include loss of earnings and other costs incurred. Your solicitor will be able to quote you a figure once all of these factors have been accounted for.

Will I have to attend a medical?

In most cases you will have to have an independent medical exam to assess the nature of your claim, although this is not necessarily so for psychological claims where a visit to a psychologist may be more pertinent.

It is important to substantiate your claim with such an exam as hard facts help the courts to decide whether to honour your claim. The costs of any medical exam and travel costs you may incur will be recovered as a part of your injuries compensation award.

What are the fees?

Our injury compensation solicitors offer a “no win, no fee” service, read our guide to no win no fee to learn more. .

How does my solicitor get paid?

If your claim is awarded it is usually the insurance cover of the other party that will cover all incurred legal fees. This means that only in the instance of you retracting your claim before it reaches the courts will you have to pay solicitors costs. The injury compensation process is designed to help you get the money you are entitled to, and in most cases you will receive the full amount of damages awarded. If your case is likely to be exceptional in this area your personal solicitor will explain this to you before the case is brought to the courts.

Which sort of person makes a personal injury claim?

Anybody who has suffered as a result of negligence by another party is eligible to claim for injury compensation, so there is no one type of claimant. Bearing in mind that compensation for any injury sustained as a result of neglect is a legal right that every citizen automatically carries, claiming the money you are entitled to should present no problem.

Will my claim involve a court appearance?

The vast majority of injury compensation cases are settled outside of court with no need at all for the claimant to visit the court, though severe cases may require otherwise. If your case is liable to involve a court appearance your solicitor will discuss this eventuality with you when your case is first assessed.

Do I have to meet my solicitor?

It is not necessary to meet the lawyer who is handling your case, though professional lawyers are of course happy to meet their clients face to face if required. Most claimants stay in touch with the progress of their case by email and telephone. Your solicitor will automatically let you know when there are any important developments in your case, so there is no need for you to travel back and forth while your case is being tried.

What personal expenses can I add to my initial claim?

As a result of a personal injury and compensation claim there a number of costs you could incur including medical costs, loss of earnings, and possible damage to your vehicle. Depending on the nature of your injury you can claim for most expenses that are a direct result of the accident. It is important to always keep any receipts to prove you expenditure, and your legal representative will work closely through these with you to see which are relevant to your final claim.

Can I get legal aid to pay for my costs?

Legal aid is no longer available as a means of payment for personal injury cases with the exception of medical negligence claims, though most lawyers now offer a “no win no fee” method of funding personal injury cases.

How long will my claim take?

Every claim represented under this law is unique so there is no set time frame for a claim until the case has been reviewed independently. Once a case has been taken on personal claims lawyers always inform claimants of the length of time their accident injury compensation case is estimated to take as soon as possible.

Generally speaking lower value claims are usually resolved within a few months, whereas claims for a large amount of money such as industrial disease claims can take much longer.

Will I have to fill in paperwork related to my claim?

A little, your personal injury solicitor will oversee all the documentation involved in your case. Your solicitor will supply as much hard evidence to substantiate your claim as you can possibly present. He or she will also make sure your evidence is backed up by experts who understand the nature of your injury and its implications for the long term. This evidence and supporting expert opinion will constitute the bulk of the case presented, which is why it’s important to submit to any medical exam your solicitor may ask you to attend.

Your solicitor will guide you through the process of any personal injury compensation claim and keep you up to date with the progress of your case until the final decision is made.