Accidents are an unfortunate reality of life, occurring unexpectedly in various settings such as work, during daily errands, or even during leisure activities. When harm befalls us due to someone else's negligence, it is only fair that those responsible are held accountable.

In such cases, personal injury law exists to rectify the wrong suffered, providing compensation for physical and psychological injuries, as well as any financial losses incurred as a result of the accident.

If you find yourself in such a situation, it is crucial to understand your rights when it comes to making a personal injury claim.

Types of accidents eligible for compensation

Personal injury claims can arise from a wide range of accidents, including:

Road traffic accidents

Statistics from the Department of Transport reveal a staggering 137,013 reported casualties on the road in the year ending June 2022. With car collisions, pedestrian accidents, and lorry or HGV accidents falling under this category, it's unsurprising that a significant portion of personal injury claims stems from road traffic accidents.

Accidents at work

Health and Safety Executive reports for 2021/2022 indicate that 565,000 people suffered work-related injuries, while 123 workers lost their lives due to accidents at work. Common workplace accidents involve slips, trips, falls, cuts, lacerations, and injuries caused by falling objects. In most cases, an accident at work claim is directed towards the employer, who typically possesses the necessary insurance coverage to handle such incidents.

Accidents in public places

The law acknowledges that accidents in public places can occur on highways or any other area accessible to the public. The range of accidents in public places is vast and diverse, including scenarios such as slipping or tripping over a pavement pothole, being struck by a falling shop sign, or sustaining an injury while using faulty sports equipment at a local leisure centre.

While these examples provide a glimpse into some of the accidents that can lead to personal injury claims, far more do exist such as accidents abroad, clinical negligence, product liability etc.

Types of injuries eligible for compensation

Given that accidents can cause harm to any part of the body, the scope of physical injuries eligible for compensation is extensive.

This includes head or brain injuries, spinal injuries, broken or fractured bones, burns, scars, lacerations, eye damage, and many others.

Additionally, personal injury claims can also encompass psychological damage resulting from accidents. Such psychological issues may range from mild anxiety to severe post-traumatic stress and depression, significantly impacting one's daily life.

For instance, someone involved in a car accident might develop an intense fear of the road, while others may experience recurrent trauma or difficulties in performing their job due to reliving the accident or witnessing traumatic events.

Legal requirements for personal injury claims

Most personal injury claims are founded on the principles of negligence.

To successfully pursue a personal injury claim, the following legal requirements must be met:

Duty of care

The responsible party must have owed you a duty of care, which entails acting in a manner that ensures the safety and well-being of others. Duty of care applies to various situations, such as drivers having an obligation to operate vehicles with reasonable care and skill, or employers being responsible for safeguarding the health and welfare of their employees in the workplace.

Breach of duty

The other party must have breached their duty of care by failing to meet the expected standard. Examples of breaches may include careless driving or a failure to maintain a safe working environment, free from hazards.

Causation

You must demonstrate that the breach of duty directly caused the accident. While this may seem straightforward in many cases, proving causation can be challenging in certain situations. For instance, in clinical negligence claims involving delayed medical treatment, establishing a direct causal link may require substantial medical evidence, especially if the outcome could have been the same with timely care.

Damage

A personal injury claim can only be pursued if you have suffered physical, psychological, or both types of harm.

Time limits

In general, there is a strict three-year time limit from the date of becoming aware of your injury to initiate a personal injury claim. It is vital to seek legal advice promptly to protect your rights and avoid jeopardising your claim. Different personal injury claim time limits may apply in some situations, underscoring the importance of consulting legal professionals as soon as possible.

Assessing the value of your claim

Determining the exact amount of personal injury compensation can be challenging as it depends on various factors and circumstances unique to each case. While guidelines exist to provide a range of suitable compensation for different injuries, these figures serve as general guidance rather than fixed sums. Ultimately, a judge will evaluate your individual circumstances, the nature of the accident, and the severity of your injuries when determining the appropriate compensation level.

Compensation generally falls into two categories:

General damages

General damages account for the pain, suffering, and loss of enjoyment of life resulting from the accident. While guidelines suggest suitable compensation amounts for different injuries, the actual award may vary based on the specifics of your case.

Special damages

Special damages cover the financial losses incurred as a direct result of the accident. This includes medical expenses, loss of earnings, and other expenses related to the injury.

To gain a rough estimate of the compensation range a judge may consider appropriate, you can use a free personal injury calculator. It is important to note that the majority of personal injury claims are resolved through negotiation between the parties' legal advisors and do not proceed to a court hearing.

Seeking legal advice for a personal injury claim

Knowing your rights and understanding the process of pursuing a personal injury claim is essential when seeking justice and compensation for harm suffered. If you believe you have grounds for a personal injury claim, contacting a reputable personal injury law firm such as Fonseca Law is highly recommended.

Our experienced team of personal injury claim specialists will provide personalised advice and support, guiding you through the complexities of the claims process. To discuss the possibility of making a personal injury claim and receive expert guidance, please call us on 01495 303124. Our friendly and knowledgeable team is ready to listen to your situation and provide you with the assistance you need. Alternatively, feel free to pop an e-mail over to enquiries@fonsecalaw.co.uk or complete our online contact form.