Personal Injury Claims in England and Wales

Yes, if the accident was partially your fault you can still pursue a personal injury compensation claim, although your compensation may be reduced, this is called contributory negligence. If the other party is deemed partially responsible, the court will assign a percentage of fault to each party. So, for instance, if the court assigns you 30% liability, your damages might be cut by 30%. That is why we suggest you speak with the panel personal injury Solicitors at RU1NJURED about your particular circumstances. Our Solicitors can help you determine liability and ensure you get fair compensation based upon your level of fault in the accident.

It may be surprising to know, but not all personal injury cases get settled in court. In fact, only a few claims make it to trial as most are settled in negotiations with the at-fault party’s insurer. However, if the insurer denies liability or makes an unreasonable offer, your Solicitor may advise you to take the case to court. Court proceedings are generally an absolute last resort where all other settlement offers have gone to the wayside. Your Solicitor will help you decide whether you are likely to win and what the potential cost of going to court is likely to be. While most claims are settled without court action, being prepared is always a good thing.

You can submit a personal injury claim on behalf of another person, including a child, who are classed as minors or a deceased person. If the person is a minor i.e. under 18 years of age, a parent or guardian may make a claim on the injured person behalf.  In the event that the injured adult cannot make the claim themselves by virtue of a medical condition, a litigation friend (representative) can do so on their behalf. For a deceased person, a personal representative (such as an executor of the will) may make a claim on behalf of the deceased’s estate.

Yes, you are able to change or transfer your personal injury claim to another Solicitor at any stage in the process. If you are unhappy with your current Solicitor’s service, you do have the right to change Solicitors providing you inform the existing and the new Solicitor.  If you have a No Win No Fee claim, your existing Solicitor may charge for some work if the case is handed over, but they cannot charge you unreasonably. You should raise it with your new Solicitor so that the transition to them can be as smooth as possible.

The answer is yes you can claim for personal injury on a No Win No Fee basis. What this means is you do not have to pay any legal fees up front. The Solicitor’s fees will be deducted from your compensation if you are successful, but if you lose, you pay nothing, so long as you are honest with your lawyer and helped them prepare a good case.

Such an arrangement allows those who may not be able to pay upfront for legal fees to be able to seek legal assistance and access to justice.  Your Solicitor may also recommend an After the Event Insurance Policy (ATE). This also means you aren’t liable for things like court fees or medical reports if you are not successful. If you win, your compensation will pay the insurance premium.

Just to clarify, the success fee is a percentage of your compensation, but has certain limitations. You must be informed of this fee before the acceptance of the claim.

A No Win No Fee agreement will be offered by Solicitors in the vast majority of cases. If they are unable, they will inform you before you start the process.

Many types of accidents and injuries caused by the same fall under the scope of a personal injury claim. You can claim if you in any situation providing you can prove it was not your fault, and the offending party was completely at fault. 

Slip and fall accidents occur whenever you trip or fall in a public place, private or working environments. Typical sites could be, supermarkets, car parks, motorcycle accidents public pathways, Warehouse accident, office environments, or shopping centres. You may be entitled to compensation if the owner was negligent.

Workplace injuries are not uncommon, as well. If you are injured at work due to an unsafe environment, such as slipping from a height, or getting trapped in machinery, you can make a personal injury compensation claim.

Medical mistakes are incidents that occur when doctors, nurses, or hospitals make errors. You can make a medical negligence case if you are harmed due to improper treatment or delayed care.

Personal injury claims can also arise from defective products. When the product you have purchased breaks or injures you, you can make a claim.

Dog bite claims are a common type of personal injury claims. A dog that bites you may be just an animal, but the owner of the dog is found liable for your injury.

If you have an accident and want to make a person injury claim, you usually have 3 years to take action. You can claim for any respective reasons within 3 years of the date of the accident or from the time you first identified your injury. For example, you can claim within 3 years if you get injured or hurt your back in a fall, realising the pain sometime later.

There are a few exceptions in this case. If you are under 18 when you experience your accident, the 3-year limitation starts once you are 18, allowing you the opportunity to claim until you are 21. Another situation in which you are able to extend the limitation period is when you experience an accident and become unconscious or unable to comprehend your situation.

The 3-year limitation is then counted from the day you are diagnosed and not from the day you get into accident. Therefore, it is important take action as quickly as possible. Talk to a Solicitor at RU1NJURED to get more information about your individual circumstances. Always remember, it is best to start a personal injury accident claim immediately after you are aware of the condition of your accident.  It will give you the best chance of success.