Claim for the personal injury compensation you deserve after an accident.
Claiming for compensation
If you have been injured in an accident that was not your fault you may be entitled to to claim compensation.
Our expert Personal Injury Lawyers based in Sheffield and Barnsley, have many years of experience dealing with personal injury claims and will ensure that you get the compensation you deserve.
There are many reasons that you can claim compensation and it is our job to fully investigate your claim to find out how your accident has affected your life, both now and in the future. Issues like these would be dealt with by our experienced team. We know that no two accidents are the same, meaning that we can fight to get your full entitlement based on your individual circumstances.
As leading Personal Injury Solicitors over the last 20 years, through work across the UK, we are experts at acting for people with genuine claims and a real need for compensation. As founding members of the Lawyers Against Fraud, we take pride in only acting for people with an honest claim - and we fight hard to win the compensation they need and deserve.
Contact us to find out how we can help. You’ll be glad to have us on your side.
What is Personal Injury?
Personal injury is the legal term used when someone has been physically and/or psychologically harmed as a result of someone else’s negligence. For example, you may suffer a personal injury if travelling in a car, as either a driver or a passenger, and you’re hit by another vehicle.
A personal injury claim is the legal process used to recover financial compensation for any injury or harm suffered and someone else is to blame; either fully or partially. This area of law allows you to claim legal remedy for all losses you have faced as a result of the incident suffered.
What Types Of Personal Injury Can You Claim For?
Some of the types of personal injury we help people claim for include:
- Serious injury
- Road traffic accidents (including pedestrian, cyclist, motorbike and passenger accidents)
- Accidents or illness abroad (including holiday accidents and food poisoning)
- Accidents at work
- Medical negligence
- Accidents in public places (slips, trips and falls)
How long will my claim take?
Each case is different, and the amount of time your claim will take all depends on you and your recovery; therefore it isn’t possible to provide a definite timescale.
For a guideline, straightforward Road Traffic Accidents could take approximately 6-9 months but workplace accidents, and slips and trips can take longer.
It is important to wait until the full extent of your injuries have been made clear before making your final claim; otherwise the amount of compensation you receive will not be comparative to the injuries you have suffered. Claims involving serious and complex injuries can sometimes take several years due to the complexity of issues and time required to assess the true value of the injuries.
The time frames are also dependant upon the Defendant admitting liability and not raising any other issues in respect of the claim. If liability is admitted promptly, and your injuries are not life altering, it’s possible for your claim to be finalised within a few months. However if the other party denies fault, the claim will take longer.
How long do I have to make my claim?
Generally, a person has 3 years from the date of their accident/injury to make a personal injury claim; or court proceedings must have begun within this time period.
There are some exceptions to this, which our expert team would be able to advise you on. For example, for a child the time limit begins on their 18th birthday, and there is no limit for anyone who does not have mental capacity.
We would strongly advise contacting us as soon as possible after an accident, allowing as much evidence to be preserved as possible, to help your case.
How much compensation can I claim?
Probably one of the most common questions asked by clients when first enquiring about a personal injury they have suffered, is ‘how much compensation am I entitled to?’ Or ‘how much is my claim worth?’
It’s incredibly hard to say how much compensation you are entitled to following an accident, as compensation is based on your pain, suffering and loss of amenity. Due to the different circumstances this is based on it means no two claims are the same, and all are treated individually.
To get a better idea of this, it helps to know how a claim is calculated. There are different factors which must be considered when making a compensation calculation. This is not always straightforward, especially if you’re suffering from an injury.
The main factors to be considered include the severity of your injury and any mental and emotional repercussions of the injury. Compensation received is usually proportional to the extent of the injury that has been suffered; generally meaning the more severe the injury, the higher the amount of compensation expected to be received.
The value of the claim also depends on how long your suffering lasts, and what additional treatment is required to bring you back to full health. This is what your overall compensation will be based on, your full recovery. At an early stage is hard to tell how long you will be suffering for and if you will make a full recovery.
We need to make sure that we have reached the stage when you don’t suffer any more or we know that your condition will not change, otherwise the amount of the compensation you receive will not be comparative to the injuries you have suffered.
As well as compensation for your injury and suffering, you are also entitled to claim for other losses you have had in relation to your accident. Such as;
Loss of earnings
If the injury suffered means that you cannot continue to work, then you can claim for the loss of income as a result of this. Your personal injury solicitor would need to consult with a medical professional in order to determine how much recovery time you would require, and therefore how long until you could return to work.
Following your injury you may face extra transportation costs which you wouldn’t normally have. These might include journeys to doctors, hospitals, recovery treatments (e.g. physiotherapy). But also can include expenses for mode of transport you wouldn’t normally use, for example if an injury means you can no longer travel by walking so have to pay for an alternative, (i.e. public transport/taxis).
All these costs can be counted and claimed back, as an out of pocket claim.
During the recovery of your injuries, depending on the severity, there are likely to be medical costs. You may need medical examinations and treatments to help with your recovery. You are entitled to claim back any costs of private treatments you’ve had to pay for. This is also relevant for any prescribed or over the counter medication you’ve had to get to manage symptoms from your injury.
Impact on your personal life
If your injury means you can no longer attend, and miss out on a holiday or planned trip, a claim for when you were unable to get a refund can be made.
During an accident many different items can be damaged, from clothes and phones, to vehicles. If this is the case, you are able to claim for the cost of replacement or repair. In the case of damage to your vehicle, claims may be covered by your insurance; however the excess which if often payable can be recovered from your opponent.
So as you can see it’s almost impossible to tell “how much you will get” upfront, as there are many things that can have an impact on your claim. There are rules in place to aid valuations, known as Judicial College Guidelines (JCG), which use of is encouraged across courts, insurers and solicitors. JCG are used to determine injury compensation, but there is no way to predict these without a thorough assessment.
Will I need to attend a medical appointment?
It is normal to have medical appointments, in order to gain a fair and reasonable insight into the extent of your injuries. By doing so, it can ensure you get the maximum amount of compensation you deserve.
I haven’t been to my GP or Hospital - Can I still claim?
Yes but given that you have not sought any medical attention your injuries may be seen as minor in nature.
I’ve had an accident at work, will I get sacked if I make a claim?
Your employer is legally obligated to have Employers’ Liability Insurance, which covers the cost of claims like this. So you shouldn’t worry about damaging their business by making a claim; as this should only normally have a small impact, such as the price of insurance premiums increasing.
It is a legal responsibility of your employer to keep their workers safe and free from risk; and illegal for them to discriminate against you for making a compensation claim.
Any claim made should not in anyway have an impact on your right to work, or make work life intolerable. If you believe your employer is likely to retaliate, or you have fallen victim to an unfair dismissal, our dedicated Employment Lawyers would be able to advise you on your rights.
How can we help?
Whether you have been involved in a car accident, suffered an injury at work or been the victim of a violent crime, we will look after everything - from calculating the costs of any care or rehabilitation you need to dealing with Insurance Companies, and itemising out of pocket expenses. If there are any long term or permanent health implications, we will put together a fully costed Care Plan.
At Wosskow Brown Solicitors we understand the impact an accident can have on the life of you and your loved ones, therefore work to achieve the best result for you. Contact us today to either arrange an appointment, or just for a chat, to go over your case and discuss how we can help you.
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