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Is it worth making a personal injury claim?

Updated on August 21, 2024

| Litigation and Dispute Resolution

The types of compensation you can receive and how to make a personal injury claim

If you or a loved one has been injured in an incident which wasn’t your fault, the effects may extend beyond the physical and emotional pain you are feeling. You may feel angry about what happened and dissatisfied with the response from the guilty party, as well as having concerns about how else it could affect yours and your loved ones’ lives.

During such a difficult time, the thought of making a personal injury claim may be daunting. However, the process doesn’t have to be as complicated as it seems, and the outcome may be able to grant you some peace of mind. Our Ealing and Brentford-based personal injury solicitors are here to help you understand liability, causation and damages; what kind of compensation you could receive and whether making a personal injury claim is right for your situation.

What is liability?

Liability is the first part of any personal injury claim and is the process of determining who is at fault. Sometimes it is obvious from the outset; for example in a road traffic accident where the damage is visual. However, with accidents at work or cases involving medical professionals it may not be so easy to determine. Some cases require investigatory work to determine liability which helps to decide on prospects. All is not lost if liability is not admitted straight away and reviews of your case are carried out throughout to ensure prospects of success are strong.

What is causation?

Once liability is established, your solicitor will ensure that causation is determined as most of the time an admission can be made. However, whether the incident caused the symptoms suffered by the claimant may be questioned. This is an example of why many personal injury matters may go to trial. In matters where causation is an issue medical records are obtained to gain an overall picture of your medical history.

What are general damages?

General damages are damages paid for the tangible effects of a personal injury claim which compensate for the pain, loss and suffering as a result of the injury. They are almost always assessed by medical evidence and case law based on similar circumstances. Examples of general damages include:

Physical pain and suffering
Physical injury resulting in disfigurement or impairment
Mental health effects resulting from the injury (such as post-traumatic stress and anxiety)
Loss of career if you are no longer able to work
Difficulty finding a new career due to anxiety and physical limitations
Lower quality of life, no longer being able to do things you enjoy
Bereavement if you are claiming on behalf of a deceased loved one

You can claim general damages for as many of these examples that apply to your circumstances. While it is difficult to place a monetary value on the pain you have suffered, your solicitor will help. They will use medical reports from as many medical experts as required, use case law to find a monetary bracket the claim fits within and then negotiate with the other side to determine a settlement figure which acknowledges the specifics of your case and the detriment the injury or death has had on you.

What are special damages?

Special damages compensate for the financial impacts the injury or medical negligence may have had on you and are considerably easier to calculate. They cover any additional costs that are directly the result of what happened to you, such as:

Loss of earnings if you needed time off of work
Travel expenses
The cost of repairing damages to property
The cost of treatment following the injury or illness (for example prescriptions)
Modifications you had to make for your home (for example making your home wheelchair accessible)
The cost of paid carers

You may receive larger amounts of special damages depending on the severity of your case – for instance, you will likely receive more if you are no longer able to work due to your injury or medical negligence. In some extreme cases, the amount you are entitled to may exceed the amount granted from general cases, while in smaller cases the claimant may only need to claim for additional travel and medical expenses.

Am I eligible to make a personal injury claim?

Personal injury covers a wide array of subjects, from workplace accidents to medical negligence. To be able to claim personal injury, you have to have experienced an illness, an injury, or have lost a loved one via an accident which was not their fault. To claim medical negligence, you must have either received an injury or illness or have had a pre-existing condition worsened by the mistakes of a medical professional entrusted with your care.

However, the important part of making a personal injury claim is that someone has to be to blame. If the accident was no-one’s or entirely your own fault, or there is no evidence to suggest negligence on the part of a healthcare professional, there will be no one to make a claim against.

It can be difficult to define who may have been responsible for your accident, but your solicitor may be able to offer advice. Call us on 020 8840 6640 to discuss your case.

How long do I have to claim?

In most cases, you will have three years from the day you suffered or became aware of an illness or injury resulting from an accident or medical negligence. If your claim isn’t settled within that three-year period, your case will be “time-barred” and you will lose out on the opportunity to claim the compensation you’re entitled to. There are a few exceptions to this general rule, however:

If the person injured was a minor at the time: the injured party’s parents or guardians can make a claim for them, and any compensation won will be protected by the court for the child until they turn 18. Alternatively, if no claim is made for the injury during childhood, the claimant will have until their 21st birthday to claim compensation for injuries received in childhood.
If the person injured was an adult temporarily lacking mental capacity: In this case, the person can claim personal injury within three years of regaining mental capacity.
If the person injured was a child or adult permanently lacking mental capacity: There is no time limit imposed on children or adults who permanently lack mental capacity. Any compensation won in these cases will be protected by their appointed professional deputy, who will utilise these funds to provide for the claimant’s needs.
If the claimant is claiming on behalf of someone who unfortunately died as a result of their injuries: Loved ones listed as beneficiaries in the deceased’s will (or under the rules of intestacy if no valid will was made) have three years from the date of the deceased’s passing to make their claim.

In some situations, you can apply to court to have this time-limit extended; however, the court can reject this request, so it is better to make your claim as soon as possible.

How much could I claim?

The amount you can claim in both general and special damages depends on the nature of your case, medical evidence and evidence of your losses. Generally speaking, you will be entitled to more compensation depending on the financial, physical and emotional effect the case has had on your life – for example, you would be able to claim more if your accident or medical negligence case has left you with permanent mobility issues than if you suffered a relatively minor, temporary injury.

For more information on how much your claim may be worth, speak to one of our solicitors on 020 8840 6640.

Will I have to go to court?

Possibly, yes. You may need to go to court if the defendant refuses to accept liability, the question of causation is raised and/or both sides cannot reach an agreement. However, a settlement can be agreed at any time during the lifetime of the claim and litigation is avoided where possible.

How long does it take to make a personal injury claim?

On average, it takes between 6 and 12 months for a personal injury claimed to be settled, assuming the defendant admits liability. If they dispute liability, your claim may take longer to go through.

Your case may also take longer if there are higher levels of damages to be assessed, so it is essential that you make your claim as soon as possible. If you do choose to make a personal injury or medical negligence claim, our solicitors will be there to support you through every stage of the process.

Will it be expensive to make a personal injury claim?

Many people who have suffered an accident or medical negligence choose not to make a claim because they believe it won’t be worth the cost of legal fees. At Starck Uberoi, we offer a free consultation and work on a “No win, no fee” basis with our clients, so there is no need to worry about legal expenses should your claim be unsuccessful. We will always be upfront with you about our fees, so that you have all the information you need to make the right decision for you.

However, in line with the firm’s policy, disbursements (expenses required to make the claim) are to be placed on account at instruction to be reimbursed upon successful conclusion.

Do I need a lot of evidence to make a claim?

For most personal injury and medical negligence claims, you will be required to supply some pieces of evidence to prove that the defendant is to blame for what happened. Your solicitor can gather much of the evidence for you, but there will be some parts you will have to supply yourself.

Types of evidence used in personal injury and medical negligence claims include:

Medical records– Your solicitor will ask for your permission to obtain these for you. They are necessary to prove that you did sustain an injury or, in medical negligence claims, to highlight where insufficient care was provided.
A medical report– A medical expert will perform a medical examination on the injured party to determine how the injury or negligence has affected their life. Your solicitor can arrange this for you. In the case of a fatal accident or negligence responsible for an individual’s death, a coroner will be contacted and an inquest may be opened to investigate the cause of death.
A written statement– You will need to make a written statement detailing the events which lead up to your injury or illness, and the effect it has had on you and your loved ones as a result. It is best to include as many details as possible in this report in order to help your case.
Photographs or videos depicting the incident or resulting injury– This may include pictures taken at the scene of an accident or footage recorded on a dashcam. It is best to take these as soon after the incident as possible and provide dates and times in which the photographs or video footage was taken.
Records of your financial losses– This will help prove your entitlement to special damages awards. Bank statements, receipts and other kinds of financial documentation can help support your claims.

Your solicitor will help you acquire these pieces of evidence where possible and inform you of any additional examples which may help you win your case. However, you will inevitably have to recount events which may be traumatic for you. Our solicitors understand that this may be highly emotionally strenuous and will support you in every way that they can.

How Starck Uberoi can help

With Starck Uberoi, you can be sure that your personal injury claim is in the best hands. We have experience in handling a wide range of personal injury claims, from medical negligence claims to road traffic accidents. We are dedicated to ensuring the best outcome for our client and operate on a “No Win, No Fee” basis, so you can focus on your recovery without worry.

For more information, please see the Personal Injury page on our website. To book an appointment please call 020 8840 6640. Our offices are based in Brentford, Ealing, Canterbury and London Victoria, and are all easily reachable via public transport. Our partner, Raminder Singh Uberoi, can also provide a Notary Public service at any of our offices. For an appointment at any of our offices, email us at solicitor@starckuberoi.co.uk or call 0208 840 6640.