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How to claim compensation for a personal injury

Personal Injury refers to physical or psychological injury or illness that is caused by the negligence of another. A successful personal injury claim will result in financial compensation for the injured party.

What is a personal injury claim?

Personal injury claims are legal cases that a personal injury solicitor will make against another person or company in order to recover compensation for injuries you’ve suffered in an accident that wasn’t your fault.

The compensation is usually paid by the insurance company of the business or person responsible for the accident.  Personal injury claims are almost always no win no fee claims so you only have to pay when you win and there are no upfront costs.

Most of the time personal injury claims are settled before going to court and the compensation is negotiated by your solicitor who will deal with the solicitor of the third party.  If an agreement can’t be reached, or the other side don’t accept fault for the accident, the case might go to court where your solicitor will represent you and argue your case before the judge.

We can help you with any personal injury claim – we specialise in taking on claims other law firms don’t want to risk, or taking over claims if you’re not getting a great service, or think you should be due more compensation than you’ve been offered.

We have helped thousands of injured people recover millions of pounds and as one of the biggest personal injury specialists in the UK, we have specialists in all areas of personal injury claims to support you.

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What types of personal injury can you claim for?

There are many types of personal injury claims, and we have specific departments to help with any type of personal injury you could imagine.  Most claims fall into one of the following categories:

Road traffic accident personal injury claims

You can make a personal injury claim if you’ve been injured in a road accident.  But this isn’t limited to just car accidents.  We help people who have had a personal injury on the road in a wide range of circumstances.

Usually it’s injuries following car accidents, but you can also claim for personal injury compensation if you’ve been injured while in a taxi or bus, as a pedestrian, on a motorbike or bicycle, or even as a pedestrian or on a horse.

We will make a claim against the person at fault and their insurers will pay the compensation.  This will cover your pain and suffering, and any costs you’ve incurred or lost earnings as a result of the injuries.

Accidents at work claims

If you’ve been injured while at work, you may be able to make an accident at work personal injury claim.  This is because your employer has a legal duty of care to look after your safety while you’re working.

You also should be trained properly and have the correct and adequate personal protection equipment while carrying out your duties.

If your employer fails to keep you safe or neglects their duty of care, and you suffer a personal injury as a result, we can claim compensation from your employer’s insurers.

It can be stressful or worrying when claiming against your employers, but you are well-protected under health and safety regulations as well as employment law – if an employee felt they had to leave a job, or were sacked, after making a personal injury claim, it might also be possible to bring a constructive dismissal claim against the employer.

Whatever the situation, our specialist team dealing with accident at work claims, will advise you on the best course of action.

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Medical negligence claims

Medical or clinical negligence covers a wide range of claims.  You may be able to make a personal injury claim if you’ve been given the wrong medical, dental, or eye treatment.

You could also claim if there were mistakes made when treating you, or you had a medical misdiagnosis.

If a doctor or consultant failed to diagnose a condition that either harmed you or made things worse, this can also be claimed for.

Other common medical negligence personal injury claims involve errors during surgery, medication that is mis-prescribed, or incorrect treatments that make your condition worse or cause you harm, or anything that left you in more pain longer than should have been the case.

We also help people make personal injury claims for other hospital injuries.  This might include slips or trips in and around the hospital, negligence or lack of proper care and treatment, or medical mistakes and misdiagnosis.  Depending on the nature of how you suffered injuries in hospital, these claims may be brought as medical negligence claims, or public liability claims.

Slips, trips and falls

Usually referred to as injuries in a public place, slips, trips and falls are some of the more common accident types we deal with.  Many slips and trips lead to serious and long-term injuries, such as broken bones, head injuries, or spinal and back damage.

If you’ve had an accident in a public place it’s usually possible to recover compensation from the relevant insurer.  If it’s in a shop or on a business premises, that business will have public liability insurance to cover accidents and injuries. Accidents on council-owned property can be claimed against the local authority.

Slips and trips in public places happen regularly and if it’s happened to you, don’t feel like it was your fault, or you weren’t being careful enough.  The owners of premises have a duty to keep areas safe for people and if they’ve not managed to do this well enough, then you are within your rights to make a claim.

Faulty product claims

Faulty products that cause injuries can result in a product liability claim.  Our dedicated product liability team handle faulty product cases of all sizes and types.

There are strict laws relating to the safety requirements of manufactured products, whether that’s electrical goods, toys, sports equipment, or even food, medicines, and supplements.

When the safety standards have not been met and a faulty product causes you an injury, we can make a claim against the manufacturer for compensation.

Our team have decades of experience in product liability claims and we’re always ready to listen to your situation – even if other law firms have turned your claim down.

We understand the financial impact of an accident.

In 99% of cases, we recovered more compensation than the insurer’s first offer. We’ll provide financial security with our interim payments wherever possible, meaning you don’t need to rush into an offer that is lower than you’re legally entitled to.

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What is the time limit for a  personal injury claim?

You can make a personal injury claim if the accident happened within the last three years, or if your accident was longer ago but you only discovered an injury was caused by that accident within the last three years.

Making a claim for a personal injury is usually easier the sooner after the accident has occurred because evidence is easier to gather so your case is typically a lot stronger.

If a child has suffered personal injury, they have 3 years from their 18th birthday to make a claim. There are exceptions to the above limits in rare cases, for example some Marine and Aircraft Accidents, and Criminal Injuries Compensation have a 2-year limitation period and very occasionally, it’s possible to apply to the courts to bring a claim outside of the relevant period.

If the person who has been injured is judged not to have full mental capacity (either because of the injuries, or due to an existing condition) then there is no time limit for a claim to be made.  In those cases, a ‘litigation friend’ can make the claim on their behalf.

The important thing is to seek advice from a specialist Personal Injury solicitor as soon as is possible rather than waiting and missing one of the key dates which could prevent you from claiming your rightful compensation.

What compensation can I claim for in a personal injury claim?

There are two types of compensation that can be claimed for: General damages and Special damages.

General damages are based upon medical evidence: normally a medical expert’s report on the injuries suffered needs to be obtained. The amount of compensation relates to how the injuries affect you now and in the future.

Special damages are designed to put you back in the financial position you were in as if the accident had never occurred. This means any out of pockets expenses such as travel to medical appointments, loss of earnings, damage to your belongings, or to pay for other costs.  Any receipts and invoices should be kept wherever possible to prove these losses.

Some examples of special damages in a personal injury claim include:

  • Lost earnings from time off work or missing out on a bonus
  • Travel to and from medical and hospital appointments including parking fees
  • Physio or other rehabilitation costs as prescribed by a medical professional
  • Help with personal care (even if it’s from friends and family)
  • Any home or car adaptations you need as a result of your injuries

There may be many other costs or losses we can recover as well.  Our solicitors are highly successful in securing the maximum compensation possible for you.

How much will I get?

Personal injury claims can range from a thousand pounds to millions of pounds – it all depends on the severity of the injuries, the impact on the person’s life, and the costs or losses that arise as a result of the injury – such as loss of earnings.

Minor injuries such as soft tissue injuries that last a few weeks, would typically settle for a thousand pounds – although this could be lower if it was a result of a car accident, following changes to the law on whiplash and soft tissue claims.

Because each and every personal injury claim is different, it’s impossible to know for certain what the final settlement figure will be.  However, our legal teams are very experienced in negotiating the highest possible compensation amounts for your personal injury claim.

Almost all our personal injury cases are on a No Win No Fee basis, this means there’s nothing to pay if you aren’t successful.  We’ll also arrange for physio and rehabilitation and will seek interim payments wherever possible to help you avoid hardship caused by your situation.

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Compensation amounts are estimated based on the level of injury below

What is the average compensation for a personal injury claim?

The average compensation for a personal injury claim is typically in the thousands of pounds – but it all depends on the severity of the injury and any other losses incurred as a result of the accident and injuries.

For a minor neck injury you might get up to £6,680 where you’ve suffered from a soft tissue or whiplash injury that has a recovery of up to 24 months.  Some minor injuries sustained in car accidents could be worth less following recent changes to the law.

Average personal injury compensation amounts

Part of body Severity of injury Amount of compensation Types of injuries
Head Minor £1,880.00 to £10,890.00 Covers brain damage with recovery within a few weeks. Higher compensation if symptoms include headaches.
Head Moderate £13,430.00 to £112,130.00 Symptoms ranging from poor concentration, lower and higher risk of epileptic attacks, minor personality changes, depression, more severe intellectual impairment, or injuries/symptoms leading to a vegetative state.
Head Serious £186,890.00 £240,590.00 Covers reduced life expectancy, serious physical symptoms, serious changes to personality or intellect, large dependence on others due to paralysis or otherwise.
Head Severe £240,590.00 to £344,640.00 Covers minimally conscious state (life expectancy less than 15 years), severe disability, brain damage with little/no response, vegetative states needing full-time nursing.
Eye Severe £56,080.00to £229,260.00 Complete blindness on one/both eyes or severe visual impairment on one/both eyes.
Face Minor £1,460.00 to £7,460.00 Light or no scarring on the face, but no fractures, loss/damage of one/two front teeth, simple fractures of the jaw or nose, but with a possibility of complete recovery.
Face Serious £15,320.00 to £26,010.00 More serious fractures such as a broken jaw or nose, breaking/damage/loss of several teeth.
Face Severe £26,010.00 to £38,850.00 Severe injuries resulting in facial disfigurement, several jaw fractures, chronic tooth pain, and scarring. May lead to eating restrictions or higher risk of joint arthritis. Covers negative effects on mental health.
Ear/ hearing Minor Up to £5,980.00 Possible Noise Induced Hearing Loss (NIHL), slight/occasional tinnitus.
Ear/ hearing Moderate £12,700.00 to £25,350.00 Partial hearing loss or mild to severe tinnitus.
Ear/ hearing Serious £25,350.00 to £38,850.00 Complete deafness in one ear. Severity varies based on additional symptoms (e.g. dizziness, tinnitus, etc.).
Ear/ hearing Severe £77,430.00 to £120,040.00 Complete deafness in both ears. Higher compensation for child injuries also resulting in a loss of speech.

Personal injury compensation amounts for back, neck, shoulders and upper body injuries

Part of body Severity of injury Amount of compensation Types of injuries
Neck Minor Up to £6,680.00 Soft tissue injuries or whiplash with recovery within 3 – 24 months. Compensation factors include severity of pain and amount of negative effects on everyday life.
Neck Moderate £7,410.00 to £47,760.00 Covers injuries that accelerated a pre-existing condition, disc lesions, cervical spondylosis, serious limitation of movement, permanent and/or recurring pain, all caused by fractures or dislocations.
Neck Severe £56,100.00 to £139,210.00 Serious fractures, severe soft tissue damage, chronic pain conditions, disc damage, partial paraplegia, or significant, permanent disability.
Back Minor £2,090.00 to £10,670.00 Includes lighter strains, sprains, disc prolapses, and soft tissue injuries. Recovery between 3 months and 5 years.
Back Moderate £11,730.00 to £26,050.00 Includes: spinal fusion, compressed or fractured lumbar spine (possibly resulting in higher risk of osteoarthritis and constant pain), prolapsed discs and other injuries that may require surgery and a continued acceleration/worsening of a pre-existing back condition.
Back Severe £36,390.00 to £151,070.00 Typically requires surgery. Injuries include: damaged spinal cord and partial paralysis, psychological issues, loss of bladder and/or bowel function, disc lesions, impaired movement, arthritis, etc.
Shoulder Minor Up to £6,730.00 Soft tissue injury resulting in pain. Full recovery between 3 – 24 months.
Shoulder Serious £10,890.00 to £16,380.00 Fractured humerus, clavicle or rotator cuff needing surgery.
Shoulder Severe £16,380.00 to £40,970.00 Significant disability caused by severe damage to the neck or brachial plexus.
Pelvis & hips Minor £3,370.00 to £10,750.00 Complete recovery after minor soft tissue injuries. Little or no disability within 2 years.
Pelvis & hips Moderate £10,750.00 to £33,430.00 No serious disability, but covers injuries requiring hip operations, replacement of hips (or the need for either in the future).
Pelvis & hips Severe £33,430.00 to £111,690.00 Severe hip/pelvis fractures resulting in bowel damage or spinal fusion, childbirth complications, hip replacement, and/or leading to higher likelihood of future surgery.
Scarring (not facial) Minor £2,020.00 to £7,380.00 One noticeable scare or several superficial, unsightly scars on the legs, arms, or hands.
Scarring (not facial Moderate Up to £7,380.00 Full recovery within 2 years, up to a partial recovery with symptoms that are not largely debilitating.
Scarring (not facial Severe £6,680.00 to £19,390.00 Several noticeable laceration scars or a single disfiguring scar.

Personal injury compensation amounts for arm, hand, and finger injuries

Part of body Severity of injury Amount of compensation Types of injuries
Arm Mild £5,630.00 to £16,380.00 Fractured forearm.
Arm Moderate £16,380.00 to £33,430.00 Serious arm injury leading to long-lasting symptoms.
Arm Serious £33,430.00 to £111,690.00 Serious injury resulting in an inability to use the arm(s) to some extent. Does not result in amputation.
Arm Severe £82,040.00 to £255,930.00 Results may include the amputation of one/both arms. Compensation amount will depends on amputated area, whether phantom pain is experienced, and on other effects on the quality of life.
Elbow Moderate Up to £10,750.00 Includes: tennis elbow, deep cuts, simple fractures, no permanent damage.
Elbow Serious £13,360.00 to £27,320.00 Results in restricted movement but does not require surgery or cause disability.
Elbow Severe £33,430.00 to £46,780.00 Injury causes severe disability or requires surgery.
Wrist Moderate Up to £8,740.00 Uncomplicated Colles fracture or minor undisplaced fractures with recovery between 1 – 2 years. May include use of plasters.
Wrist Serious £10,750.00 to £20,900.00 Soft tissue damage or broken wrist causing some permanent disability.
Wrist Severe £20,900.00to £51,070.00. Significant permanent disability or complete loss of wrist function.
Hand Minor Up to £4,050.00 Covers lacerations and crush injuries, and soft tissue injuries (recovery within 6 months).
Hand Moderate £4,780.00 to £11,330.00 Covers penetrating wounds and crush injuries resulting in permanent but non-intrusive symptoms, or soft tissue damage and deeper cuts resulting in impairment of the hand (may require surgery).
Hand Severe £24,740.00 to £171,920.00 Covers amputation and rejoining of several fingers, resulting in a clawed, impaired, or unsightly hand, amputation of one/both hands (alternatively, amputation of several fingers rendering the hand almost useless).
Finger Minor Up to £4,055.00 Includes: full-healed fractured finger bones (healed within 1 year) with/without minor scarring.
Finger Moderate £3,370.00 to £5,000.00 Includes: complete (or almost complete) recovery after broken finger, amputation or loss of a part of the little finger.
Finger Severe £10,380.00 to £31,350.00 Includes: complete amputation of one/more fingers, fractures of the index finger. Compensation depends on level of disability and suffering.
Thumb Minor Up to £4,055.00 Short-term, severe pain gone within 3 months.
Thumb Moderate £3,370.00 to £10,750.00 Covers fractures with recovery within 6 months, damage to nerves or tendons resulting in partial loss of sensation, and cosmetic thumb deformities.
Thumb Severe £10,750.00 to £46,780.00 Partial/complete amputation of the thumb, surgical wire insertions, nerve damage, fractures, inability to grip.

Personal injury compensation amounts for leg and foot injuries

Part of body Severity of injury Amount of compensation Types of injuries
Leg Minor £7,780.00 to £12,010.00 Minor injuries with recovery within a few months (e.g. soft-tissue injuries, bruising, cuts, and contusions). Slightly more severe injuries such as simple fractures of the femur, tibia, or fibula.
Leg Moderate £15,320.00 to £46,780.00 Minor fractures with partial recovery, serious soft tissue injury, injuries to one leg (e.g. broken bones, crushing injuries), ligament injuries, compound fractures leading to near certainty of arthritis or instability.
Leg Severe £46,780.00 to £240,590.00 Severe injuries resulting in extensive degloving, bone grafting, permanently reduced mobility, or amputation of one/both legs (above/below the knee).
Knee Minor Up to £11,730.00 Includes soft tissue injuries (recovery within a few months), a twisted knee, lacerations, or bruising resulting in discomfort or pain.
Knee Moderate £22,340.00 to £37,070.00 Includes: seriously damaged kneecaps, ligaments, or muscles, dislocation, a torn meniscus, acceleration injuries (over several years), resulting in ongoing discomfort or pain.
Knee Severe £44,470.00 to £82,080.00 Covers constant pain, severe disability, or muscle wastage. Higher compensation if need for surgery or injury effects quality of life.
Ankle Minor Up to £11,730.00 Smaller fractures, but bone has not been displaced. May include sprains, injured ligaments (likely leads to scarring). Smaller injuries can allow for full recovery within a year, without any scarring.
Ankle Moderate £11,730.00 to £42,710.00 Includes ligament tears, fractures, leading to smaller disabilities while standing/moving. Increased risk of osteoarthritis. Operation/cast needed. May lead to inability to work or call for special footwear.
Ankle Severe £42,710.00 to £59,480.00 Severe injury resulting in deformities, disabilities, or even amputation of the body part down the line.
Achilles Minor £6,200.00 to £10,750.00 Minor instability due to tendon damage around the ankle. Some more severe cases might involve scarring.
Achilles Moderate £10,750.00 to £17,970.00 More serious injury and partially ruptured tendon. More severe cases tend to involve disability and/or permanent scarring.
Achilles Severe £21,320.00to £32,780.00 Restricted movement of the ankle due to severed muscle tissue. Small likelihood of further improvement of limp and residual scarring.
Foot Minor Up to £11,730.00 Includes: minor fractures, lacerations or contusions (with complete recovery within 2 years), ruptured ligaments or other puncture wounds that result in chronic pain or a permanent limp.
Foot Moderate £11,730.00 to £59,730.00 Includes: metatarsal fractures resulting in permanent deformity and ongoing symptoms, fractured heels (both), restricted mobility, degloving and heel fusion.
Foot Severe £71,640.00 to £171,920.00 Injury needing amputation of one/both feet or traumatic amputation of the forefoot (to prevent need for complete amputation).
Toe Minor Up to £8,190.00 One or more broken toes with a varying recovery period. Compensation depends on presence of long-term symptoms and speed of recovery.
Toe Moderate £8,190.00 to £11,730.00 Multiple fractures, crush injuries to two/more toes, permanent disability. May have involved unsuccessful past operations.
Toe Severe £11,730.00 to £47,830.00 Severe crush injuries leading to less/surgical amputation of one or two toes (not including the big toe), amputation of all toes or the big toe.

Why should you choose us?

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Contact us with the comfort of knowing you’ll never be at financial risk when you claim with us. We cover all legal costs, never charge upfront fees, and we only get paid if you do.

Advanced payments available

We understand how an accident can affect your financial position. We always look to collect an early compensation (interim) payment where possible.

We can take over your case

With legal specialists for every type of accident claim, we can take over your claim at any stage from another solicitors. We take pride in winning cases other firms turn down.

What is the personal injury claims process

We’ve worked hard to make the claims process as simple as possible for you and we’ll handle all the complicated legal work – you can simply keep track of the progress whenever you like via the client portal.

The process is broadly defined by five stages:

  • Initial assessment
  • Consultation and fact finding
  • Claim submission
  • Negotiation
  • Settlement and payment

Initial assessment

When you contact Express Solicitors, our new client team will take your personal details and take details of your accident. They will then review these details with a partner who will decide if we are able to represent you in your claim and call you back to let you know if we can represent you.

Our new client team will create all the necessary documentation for your claim, send this to you and pass your file over to an experienced file handler or solicitor who will deal with your claim.

We will get in touch immediately to explain the next steps of your claim and gather any further information we require.

Consultation and fact finding

We will gather any further evidence to support your claim, including writing to witnesses, obtaining more information from you and contacting your employer about any financial losses.

We will arrange to obtain copies of your medical records and arrange a medical appointment for you with an independent expert medical expert so they can prepare a medical report on your injuries. We may also be able to arrange any treatment you require, such as physiotherapy.

Claim submission

When we have enough information, we will notify the party you believe are responsible for causing your accident and inform them that a claim is being made against them. This will either be the person responsible for your accident directly, a company, public body or insurer. They are known as the Defendant.

We will then await a response from the Defendant. When an insurer has to respond, can depend on the type of accident, or when or where your accident occurred.

All Personal Injury claims are initially governed by the ‘pre-action protocol.’ This encourages exchange of information and is designed to help Claimants and Defendants settle cases fairly quickly and without the need to issue court proceedings. The pre-action protocol sets time limits with which both parties must acknowledge and respond to correspondence. If we feel it is appropriate, we will issue court proceedings.

Negotiation

Once we have a response from the Defendant or their insurer, if liability is admitted then the next step is for us to negotiate settlement on your behalf, if your medical evidence is finalised and it is appropriate to do so. If liability is denied the Defendant must give reasons and provide documentation to support this decision and we will conduct any necessary investigation to dispute these reasons and to try and secure an admission of liability.

Where liability is admitted we would consider disclosing your medical evidence to the Defendant so they can make a settlement offer. This must be done before we can issue court proceedings. Your medical report will set out the expert’s opinion on the severity of your injuries and how long they will last. This will give both sides an idea as to the value of your injuries. We will also draft a document for you known as a ‘schedule of special damages’ which is a list of your financial losses. These will also form part of your compensation.

Settlement and payment

The Defendant can make an offer of compensation for settlement at any time. At Express Solicitors we pride ourselves on being able to negotiate with the Defendant and their insurers to secure the best compensation we can for clients. Usually most cases settle without the need for a court trial.

Once your claim has settled, we will pay your compensation into your bank account once it is received which is usually within 21 days of settlement being reached.

Unlimited legal support.

That’s right, we provide unlimited legal support for our prospective clients. Not sure if you have a claim, or if you even want to make a claim? You can speak with us for as long as you like and as many times as you like. We’ll let you know your legal rights, completely free of charge and with no obligation to make a claim.

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How much does it cost to make a personal injury claim?

Usually personal injury claims are made on a no win no fee basis – regardless of how serious or significant the case is.  This means that if you don’t win your case, there’s nothing to pay.

We provide a 100% no win no fee no risk guarantee with our personal injury claims service and don’t charge any upfront fees.

You will always keep the majority of your compensation – we just take a minority share of your overall compensation once it’s paid.

You’ll also typically take out an insurance policy for legal expenses in order to use the no-win no-fee service and benefit from our no risk guarantee.

What evidence is needed for a personal injury claim?

In the immediate aftermath of an accident it can be very difficult to know what to do.  This is a brief guide to the steps you should take wherever possible (or ask a bystander or witness for help making notes and collecting evidence on your behalf).

  • Get the names and contact details of everyone involved in the accident and any witnesses.
  • Take photographs of the accident location and surroundings
  • If the accident was on the road, then make a note of the vehicle registrations
  • Make a note of the street address of the accident – you can add a location on maps in your smart phone.
  • Detail any pain and injuries you’ve suffered and get the names of any medical staff that treated you.
  • Keep regular notes/photos on your injuries as time progresses, and any subsequent medical appointments.

The more information you can provide to the solicitor, the more chance of building the claim to the maximum possible compensation.

Once you start your claim with us, we will collect additional evidence to support your case.  Additional personal injury claim evidence we gather might include:

  • Police reports
  • CCTV footage
  • Medical and hospital reports
  • Witness statements
  • Expert statements

Why choose Express Solicitors?

We are an award-winning firm accredited by the Association of Personal Injury Lawyers (APIL). We specialise in Personal Injury and have very experienced specialist teams for any type of accident you may have suffered.

Our experienced Solicitors will:

  • Deal as quickly as possible with your claim
  • Fight for the best possible compensation for you
  • Keep you informed with regular updates
  • Explain each step clearly and be easily contactable and approachable

We are experts at building strong cases and recovering much more compensation for our clients than other law firms can.

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