Personal Injury Guide

Personal Injury Claims – learn the basics and never miss out on compensation.

Because physical or mental damage that wasn’t your fault should never hurt you financially.

It’s hard to avoid hearing about personal injury claims on TV, in the press and from friends and family. But what exactly are they? And how do you know when to claim and what you are entitled to?

To ensure you never miss out on money you deserve, we’ve created our guide to the basics of Personal Injury Claims – produced by the specialists at HPW.

What is a Personal Injury Claim?

A personal injury claim is the process by which an individual recoups compensation for an injury experienced through no personal fault, and that was caused by a third party’s breach of statutory duty or negligence.

This can include injuries that occurred in the workplace, when playing sport, and those gained on someone else’s property. Speaking to a specialist solicitor will allow you to quickly ascertain if your injury qualifies for compensation.

Who decides on the amount of compensation?

The amount of compensation that a claimant is entitled to receive will be decided by the court, and is relative to the long and short-term impact of the accident on the claimant.

What is the level of compensation based on?

Personal injury claimants are able to claim two different types of compensation:

General damages compensate individuals for the injury and pain experienced directly as a result of the accident. These can include brain, spinal, orthopaedic and even psychiatric damage.

Special damages compensate individuals for costs incurred following the accident, which can include ongoing medical costs, damage to personal items (e.g. clothes and vehicles) and lost income.

Will it cost to make a claim?

For the majority of claimants, making a personal injury claim should not cost a penny. Funding options include a ‘No Win, No Fee’ Conditional Fee Agreement (CFA), legal expenses insurance, public funding and, in a small number of cases, private funding.

If the claimant is under 18 or incapacitated, who can make the claim?

If the claimant is a minor, incapacitated by the accident, or deemed unable to claim personally, a ‘litigation friend’ will be appointed by the court to make and manage the claim on behalf of the claimant.

If the personal injury claim relates to an individual who has passed away (either due to or since the accident in question), relatives or representatives can claim for the loss of income experienced due to their dependency on the deceased.

Is there a time limit for claiming?

The law imposes time limits within which legal action must be initiated for personal injury claims. These vary depending on the nature and result of the accident, and so it is important to act quickly when an accident has occurred to avoid missing out on potential compensation.

How can HPW help?

Hubbard Pegman and Whitney’s Personal Injury department is headed by Charlotte Pegman, a member of the Association of Personal Injury Lawyers and an accredited member of the Law Society’s Personal Injury Panel.

If you think you might already be entitled to compensation, please do get in touch to avoid missing out. If you get hurt through no fault of your own in the future, you’ll know where to look for advice and who to turn to to receive the compensation you deserve.