Personal Injury FAQs
Personal injury FAQs
What can you make a personal injury claim for?
You can bring a claim for almost any type of injury suffered that was caused by the fault of another party. It must be provable that the accident or incident that caused your physical and/or psychological injury was due to someone else’s fault.
The workplace is a common setting for many injuries. Workplaces within the construction and manufacturing industries - where heavy machinery and vehicles are commonly present - can prove a greater risk for injury. However, you can also make a claim for an injury sustained in an office environment.
Road traffic and cycling collisions are some of the most common reasons for personal injury claims. Whether you are a driver, passenger, cyclist or pedestrian, injuries sustained due to the negligence of other road users are usually grounds to make a claim.
What are personal injuries?
Personal injuries vary from having a minor impact on your life to significantly affecting your future.
They can involve physical or psychological conditions. Some of the common injuries people make claims for include:
- Broken bones
- Cuts and bruises
- Illness and disease
- Psychological conditions
The causes of a personal injury can also vary greatly. It could be the direct result of another individual’s action – such as a road traffic collision – or the negligence / breach of statutory duty of an organisation, such as when defective equipment or safety policies result in injuries.
Who can make a claim?
Anyone who has been injured due to the fault of someone else, whether at work, in a road traffic collision, or in a public place for example, may be eligible to make a claim.
You may also be a family member or carer for someone who was seriously injured and are looking after their best interests. You can make personal injury claims on behalf of:
- Your child (under the age of 18).
- A loved one who lacks the mental capacity to make a claim themselves.
- The Estate or dependents of someone who passed away from their injuries.
Your claim will be against the individual or organisation responsible for the negligence and/or breach of statutory duty that resulted in your injuries. This will depend on the specifics of your case, the location where the injuries were sustained, and the individuals involved.
Often personal injury claims are brought against an employer, the local council or another road user. We will advise you who your claim should be made against and the appropriate steps to take.
How long do you have to make a claim?
The time limit for a personal injury claim is usually three years from when you were injured or the date of a disease diagnosis.
Some of our clients are considered Protected Parties where they have lost mental capacity to manage the litigation themselves. Special rules apply to time limits for children and Protected Parties.
We have specialist personal injury lawyers who have experience representing children and those who lack capacity.
What do you need to make a claim?
To build your case and improve your chances of a successful claim, your personal injury lawyer will require supporting evidence. This will be used to prove the circumstances of an incident, the nature and prognosis of the injuries sustained and to determine who is responsible for the injuries caused. Supporting evidence can include:
- Medical records.
- Police or HSE reports.
- Photographs of the injuries sustained.
- Witness statements – for example, from people who saw the incident, workplace colleagues and friends and family who have seen the impact of the injuries.
- Safety policy documents or equipment.
- Maps or images of the incident location.
- Financial records.
What does personal injury compensation cover?
Generally, the more severe your injuries and the greater impact they have on your daily life, the larger the amount of personal injury compensation you can expect to receive.
You may be entitled to compensation for an injury to support your rehabilitation, cover the costs of any significant changes to your lifestyle, and for any pain and suffering you experience.
Our team focuses on securing you a fair amount and can help with interim payments where required. Personal injury compensation is meant to put a person back into the position they were in prior to their injury (in so far as money can do so). It includes (but is not limited to) damages for the following:
- Loss of earnings– whether temporary due to time off recovering or permanent with a loss of your livelihood.
- Rehabilitation costs– including medication, therapy and other treatment.
- Specialist equipment and care– to support your recovery or permanent life changes after an injury, such as requiring a wheelchair.
- Accommodation– this could include needing to extend or adapt a property or having to move house as a result of your condition.
- Expenses– the costs of travel to and from therapy sessions, hospital and any other related appointments.
- Replacement equipment– any equipment, clothing or other items damaged as a result of an incident – such as your bicycle.
- Funeral costs– in cases where a loved one has died from their injuries.
Why choose Leigh Day?
Personal injury claims can be complex. People who have been seriously injured need legal support throughout their rehabilitation and as early as possible.
At Leigh Day, our teams of specialist personal injury solicitors in Manchester and London will fight to obtain early interim payments to avoid you suffering financial hardship, on top of everything else you and your family are going through.
We have been consistently rated in the top tier by the independent legal directories The Legal 500 and Chambers and Partners for our reputation as specialists with significant experience in this field.
For more than 30 years, our firm has specialised in the more complex areas of personal injury law, focusing our efforts on achieving justice for our clients.