A serious personal injury, one worthy of a personal injury claim, can cause oneself serious concern and challenges. It is therefore so important to know all you can about personal injury claims, and to hear that from real experts. At Beyond Legal, this is something very close to our hearts and very much a foundation of our business. As personal injury specialists, we have put together this blog for anyone dealing with such an issue.
Whether you are about to make a claim, or simply want to know more about the process, read on to hear our advice and guidance to make your next step.
What is a personal injury claim?
If you have been injured, it is vitally important to understand your situation, fortunately Beyond Legal have extensive knowledge of this. You may have seen adverts on television about personal injury and they, as well as us, will tell you that a personal injury claim is a legal case which you open if you have been hurt in an accident which was not your fault, but someone else’s.
According to statistics published by Civil Justice in 2020, the number of personal injury claims has fallen to its lowest level since 2011 in England and Wales. Just under 27,000 claims were issued at the end of 2019, a figure which is down 5% on its previous quarter.
It is a scary thought, and one which many do not want to even consider. But the fact is that this can happen to you, or someone you care about, and you need to know when you can make a claim. If any of the following apply, you may well be eligible:
- The injury you suffered happened within the last three years
- You suffered both financially and physically as a result of the injury
- The injury you suffered was caused wholly or partly by someone else
The different types of personal injury cases
While we have given you an outline of what may qualify you for making a personal injury claim, there are other important things which you must first consider. When thinking about a personal injury, you may immediately and perhaps exclusively imagine a car accident. But the reality is that there are so many types of claims which can be made, in particular they relate to the following areas:
Whiplash, upper limb injury, industrial disease, head and brain injury, back and spinal injury, broken bones, lower limb injury, chest and rib injury, an industrial deafness claim, psychological injury, damages to eyes or sight, and serious injury claims.
What is the personal injury claim process?
Now, perhaps you have suffered a personal injury and you are now in a position both physically and mentally to pursue legal action, do you know what the process is? It can seem like a large and daunting obstacle to overcome, but Beyond Legal are here to help make it as easy as possible for you.
How to start a personal injury claim
As we have alluded to, the way to start a personal injury claim is to contact a personal injury specialist. Beyond’s Senior Managing Partner Chris Linnitt has experienced his own personal case following a collision between his bike and a lorry, and made the incredibly difficult decision to have his leg amputated. This experience is really the catalyst for Beyond’s work and dedication to our clients.
Covering accidents, road traffic accidents, industrial related claims, negligence, food poisoning, and death at work, Beyond Legal’s specialists can help guide you through the process.
Who was responsible?
Having started your injury claim with your lawyer, it is now time to establish who was responsible for the incident. This is who the claim will be made against, which is not always as clear as you may think.
This depends on what accident you have suffered, for example:
- Road Traffic Accident – A driver, motorcyclist, or cyclist
- Workplace Accident or Industrial Illness – Your employer
- Food Poisoning – A restaurant, pub, cafe, eatery
- Public Place Accidents – Your local authority
You have found your lawyer, you have identified who was responsible for your against and claim, now it is time to start building the evidence. Don’t worry, when we say this we do not expect you to be well versed in law and be able to identify exact issues, the evidence we need from you is much simpler.
It begins with you telling us exactly, or to the best of your recollection, where and when the incident happened. At the same point, was there anyone there to witness what happened? Details of what you were doing before the accident is also important when gathering evidence. Next you will need to explain what happened in some detail, which we appreciate can be difficult, so we will ensure that your story will be handled in the utmost care and sensitivity. Finally, what happened to you afterwards? Did you take yourself to a medical facility or professional? How did the person judged to be responsible handle the situation?
Following on from this, there will need to be some assessment of your injuries or illness. As your personal injury lawyers, you can grant us access to your medical records so we can examine them had you been to hospital or to your GP following your accident. There may also be the need for us to get photographs of any injuries which are still visible following the incident. From there, a medical assessment may be taken out, as well as specialist consultations to determine their impact.
Care and rehabilitation
Above all else is our care for you. We must ensure that you are going through the best recovery you can and that you are not in any distress either physically, emotionally, or mentally.
Understanding your compensation
At this stage we have gathered the evidence we need to progress, as well as establish your current welfare. Now our focus shifts towards what kind of compensation you deserve. Every case is different, and as a result will have varying results and outcomes with regards to money. But you can be sure that your compensation figure will be based around the following:
- What costs you have already spent on any form of medical treatments for your injury
- Any loss of income which you may have experienced while recovering
- The injuries, suffering, and pain caused by your incident
- Any further costs like adaptive equipment which you needed to support your life with your injury, like a wheelchair. This also goes for home adaptations and care
- Personal items which were damaged in the accident, like your car, electronics, clothing
Everything after this point relates to actually reaching a settlement for you. Together, we have established your case and are now ready to get you the money you deserve.
What are the compensation guidelines for personal injury?
Set by the Judicial College, part of the Ministry of Justice, the below are example figures of personal injury categories and the guide amount for compensation. It is important to note that these are guide figures and there cannot be a guarantee that you will meet the highest figures.
Facial Injuries: £1360 – £322,060
Head Injuries: £1,760 – £322,060
Hernia: £2,710 – £19,260
Wrist Injuries: £2,810 – £47,720
PTSD (Post Traumatic Stress Disorder): £3,150 – £80,250
Hip or Pelvic Injuries: £3,150 – £104,370
Forearm Fracture: £5,280 – £15,300
Shoulder Injuries: £6,290 – £10,180
Back Injuries (with permanent symptoms): £9,970 – £22,130
Hearing Issues (from tinnitus to deafness): £10,040 – £87,410
Ankle Injuries: £10,960 – £55,560
We hope we never have to speak to you about a personal injury claim, of course, but if the worst has happened and you need support from experts and specialists in this field then contact the team at Beyond Legal today. You can even book your free consultation to see exactly how we can help and support you.
Image Credit: Towfiqu Barbhuiya