Personal injury advice from
Thompsons Solicitors
Compensation
If you or a member of your family is suffering from a personal injury, illness or industrial disease caused by the negligence of someone else, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.
Who Can Claim Compensation?
How is a Compensation Claim Made?
Can I Claim Compensation on Behalf of a Deceased Relative?
Compensation
Compensation Interim Payments
Can I Claim Compensation for My Loss of Earnings?
Compensation for the Loss of 'Congenial Employment'
What are the Costs of Making a Compensation Claim?
How Much Compensation Will I Receive?
Will any Deductions be Made From my Compensation?
Time Limits to Claim Compensation
Our Personal Injury Lawyers
Successful Compensation Claims
Who Can Claim Compensation?
In order to claim compensation, also known as damages, in respect of a personal injury or illness, it must have occurred due to the negligence or the breach of a statutory duty of another person or organisation.
For example your injury may have been caused by an avoidable accident at work, a road accident caused by another driver, an accident on public property due to a dangerous defect, a faulty product or perhaps by medical negligence. You may even be suffering an industrial disease following exposure to hazardous substances through the negligence of your employer.
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent or failed to comply with a statutory obligation), and that the injury you sustained was a reasonably foreseeable consequence of that negligence or breach of duty.
In every case, medical evidence will be required. Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.
How is a Compensation Claim Made?
It is always important to seek prompt, specialist legal advice if you believe that you may be entitled claim compensation. Your lawyer will collate all of the evidence and information to pursue your claim to the best possible outcome.
You should also try to keep as much evidence and information as possible to help your case, including receipts for any injury related expenses.
More often than not, when a personal injury claim is put forward the insurers will negotiate a reasonable settlement figure with your solicitor to bring the claim to a conclusion.
Sometimes however the insurers will try to deny liability, refuse to negotiate or delay the matter. In these instances your lawyer should pursue the case through court proceedings, so long as they feel that the case has a good chance of success.
Dependent upon the circumstances, including the response from insurers, injuries sustained etc, a personal injury compensation claim can either be concluded in a matter of months or take a year or more.
Can I Claim Compensation on Behalf of a Deceased Relative?
If a person is fatally injured, or dies as the result of an industrial disease, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income and contribution to the household in the form of future losses.
Parents whose child was under 18 and unmarried at the time of their death may also be entitled to claim a statutory bereavement award.
A compensation claim on behalf of the deceased's estate may also be possible in respect of any pain and suffering they experienced and any related financial losses they suffered prior to their death (for example in an industrial disease case).
See our fatal injuries and illnesses page for further information.
Compensation
There are two elements to a compensation award:
General Damages
An award of general damages is made in respect of the pain and suffering you may have gone through and any loss of amenity (an inability to do things that you could do before, perhaps wash your car, look after your garden or drive a car). The award for loss of amenity can be for a short period after an incident or for ever if that is what the medical evidence supports.
Special Damages
Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses, is known as special damages and aims to put you back in a position financially as if the accident or illness had never occurred.
It is therefore important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed. This may include expenses for medical treatment, transport costs and the cost of replacing damaged items of personal property.
In serious cases, where a person may have to alter their lifestyle or home as a result of their injuries, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations.
Compensation Interim Payments
Making a compensation claim can often take time and in some cases an 'interim payment' may be made to a claimant to tide them over financially until the case is fully concluded and a final settlement is reached.
This type of payment is only usually made when a case has good prospects of success, for example if a court has accepted this to be the case or if the defendant has already admitted liability for what happened.
An interim compensation payment may be made to cover medical or care costs or, in serious cases, to support the costs of equipment and housing modifications.
Can I Claim Compensation for My Loss of Earnings?
Often, in personal injury cases, the claimant may require some time off from work if their injury renders them unfit to attend. Many employers do not provide full pay to their employers during sickness related absence, so the injured party may suffer a loss of earnings in addition to their physical injuries.
If this is the case, it is usually possible to reclaim your lost earnings as part of your compensation claim.
Compensation for the Loss of 'Congenial Employment'
If an injured person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’ (i.e. the loss of a job that the claimant would have derived particular enjoyment or fulfilment from).
A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.
What are the Costs of Making a Compensation Claim?
Our service to you is provided on a cost free, risk free basis. Our solicitors bear the costs of the compensation claim until the case is settled, then recover them from the losing party. In the unlikely event that your claim is unsuccessful, insurance will cover the costs.
You will not be required to take out a loan to pay for litigation insurance, nor will our lawyers make any deductions or take a 'success fee' from your compensation, as is the case with many companies. Whatever you are awarded by way of compensation, you will keep 100%.
For further information about funding your compensation claim, and any exceptions to the above, see our questions answered section on costs.
How Much Compensation Will I Receive?
The amount of compensation awarded is dependent upon a number of factors and is relative to the nature and extent of the injuries to the individual and their circumstances at the time.
There is no specific amount of damages for any particular type of injury, as people can be affected in different ways. Each case is therefore considered individually, however there are general guidelines from the Judicial Studies Board and awards made in similar, previous cases may be looked at as well.
Our how much? section will provide you with further information on levels of compensation.
Will Any Deductions be Made From My Compensation?
Our lawyers will not make any deductions from your compensation (for details of any exceptions, please refer to our costs and risks page), however there are certain circumstances where you may receive less than the full amount as follows:
- If you are found to be partially responsible for the accident or the level of injury sustained (known as 'contributory negligence'). An example of this would be a claimant injured in a road accident, who had neglected to wear a seatbelt, thus failing to reduce their risk of personal injury.
- Damages may also be reduced if a claimant does not 'mitigate' their losses, i.e. make every effort to keep them to a minimum. Only reasonable claims for losses will be accepted so, for example, if you are unable to drive and hire a limousine for transport when a taxi would suffice, this would not be considered reasonable.
- If a claimant has received certain social security benefits from the government because of the accident/injury, these may have to be paid back out of the special damages awarded.
Time Limits to Claim Compensation
Legislation in the UK stipulates strict time limits within which to bring your compensation claim for personal injury. For most people, this period is three years from the date of the accident. There are however some exceptions to this rule:
- Minors - if a person is under the age of 18 at the time of their accident, the limitation period does not begin to run until their 18th birthday.
- Persons sectioned under the Mental Health Act - the 3 year period begins when they cease to be a patient and their legal incapacity is removed.
- Industrial illnesses - here the 'date of knowledge' would be considered the date that the injured person knew or should have known that they were suffering from a condition due to work rather than the date they were exposed to a hazardous substance. This would generally be the date when the claimant was diagnosed with their illness and the three year period would start from this date.
- Fatalities - if a person dies within the time limit for making a compensation claim, the period becomes extended to three years from the date of their death to enable bereaved family members to claim on their behalf.
The courts are able to extend the period at their discretion, however only do so under special circumstances . If you think this may apply to you, you must seek legal advice urgently as any extra delay will have a detrimental effect on your chances of success.
Our Personal Injury Lawyers
The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of accidents, clinical negligence and industrial diseases. They can provide specialist claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.
Successful Compensation Claims
Below you will find case studies and links to articles about a small selection of compensation cases handled by our specialist lawyers, and issues relating to personal injury compensation. Details of other cases can be found in our personal injury news and client stories sections.
Damages Awarded to Mesothelioma Victim
Newspaper vendor secures damages after dustcart accident
Compensation Claim for Employee Injured in Accident at Work
Clinical Negligence Compensation for Discharged Soldier
£42,500 Damages for Victim of Skiing Accident Caused by Negligence
Compensation for Road Accident Victim Suffering from Whiplash
Our Lawyers Recover Compensation for Road Accident Victim
£4,000 Compensation for Pedestrian Knocked Down on Zebra Crossing
Man Injured in Fall From Ladder at Work Receives £90,000 Compensation
Successful Accident At Work Compensation Claim
Road Accident Victim Receives £4,000 Damages After M40 Collision
Compensation for man paralysed in car accident
£3,250 compensation for employee injured by defective chair
£75,000 compensation for slip and trip claim
Successful Claim for Whole Body Vibration Syndrome
£90,000 Damages for Condition Brought on by Accident at Work
Dealing With Insurers Directly Could Mean Less Compensation for Injury Victims
£105,000 Personal Injury Compensation for Child Injured on Farm
Vibration White Finger Compensation for Council Gardener
Factory Worker Injured in Accident at Work
Engineer Suffers Serious Foot Injury in Workplace Accident
Compensation Claim for Cyclist Knocked off Bike in Cycle Lane
Hospital Employee Suffers Personal Injury Due to Unsafe Work Facilities
Increased Compensation Obtained for Road Accident Victim
Joiner Compensated for Hernia Caused by Accident at Work
Ministry of Justice Pleural Plaques Compensation Scheme
Damages Received in Clinical Negligence Case After Breast Operation Went Wrong
Pothole in Workplace Car Park Causes Leg Injury
Maintenance Technician Suffers Cold Injury Through Work in Freezing Conditions
Compensation Claim for Woman Injured in Fall From Boat
Road Worker Injured by Driver Receives Personal Injury Compensation
HSE Campaign to Raise Farm Safety Standards
Compensation for Man Who Suffered Shoulder Injury at Work
NHS
Trust Pays Compensation to Family of Clinical Negligence Victim
- Nurse Injured in Fall at Work: Our client, a residential social worker, suffered an injury at work whilst assisting one of the residents, who was in her 60’s and had a history of falling. As the resident attempted to walk to her bed, she fell backwards on our client, trapping her leg between herself and items of furniture in the room. The resident was also hurt in the incident and our client was concerned to get assistance for her before considering her own injuries.
The next morning she was unable to put weight on her foot and was taken to her GP, who referred her to hospital where she was diagnosed with a torn hamstring. A course of intensive physiotherapy was prescribed, but an MRI scan later revealed that the leg injury sustained was secondary and the problems were radiating from her lower back.
More MRI scans revealed a slipped disc resulting in constant lower back pain. Our client underwent a discectomy but this was unsuccessful, in fact, the pain was worse after the operation. As a result of this accident at work, she suffers constantly with sciatica and has numbness in her legs. She has been advised that the cause is nerve damage, caused by the prolapsed disc, which is permanent.
For a considerable period, our client was unable to manage the stairs and resorted to sleeping downstairs, which put great strain on her relationship with her husband. Her physical disabilities meant that she has been unable to return to work since the accident. She is unable to sit for any period of time or walk far and has to rely on a stick for support or a wheelchair. She also relies heavily on her mother and husband in her personal care, housework, and the care of her children. Her younger son is cared for almost wholly by his father as she is unable to play with or care for him as she used to before she was injured at work. Realising that her condition was not improving, our client also suffered a relapse of ongoing psychological injuries which she had hoped were behind her.
She felt that the accident at work happened because she was alone with the resident when there should have been two carers, and that the manual handling training she received was insufficient and out of date. Since the accident, the resident involved has been the subject of a further risk assessment and two carers were assigned for these duties.
Although initially the defendants argued that our client was partly responsible for her injury at work, liability was subsequently accepted. In order to progress the compensation claim, it was necessary to issue proceedings, but our specialist personal injury lawyers were able to negotiate a sum of £90,000 in workplace accident compensation for our client’s ongoing suffering.
On this occasion, he had secured a chain to each corner of the tool when the hydraulic table tipped over. Our client was thrown off the table and although he landed on his feet, fell backwards on to his right shoulder. He then had a close shave when the table missed his knees by inches, closely followed by the tool (which weighed about 1.5 tonnes) which just missed his head.
Frightened and shaken, he realised the accident could easily have been fatal and suffered shock and feeling sick whenever he thought about it. He felt no better after a couple of days, so visited his GP who gave him painkillers. He returned to work but was unable to cope and his employer referred him via their doctor to a psychiatrist.
Although he was advised by the psychiatrist that it would take time to get over the shock, he was not offered counselling or therapy. A couple of months after the workplace accident, he felt pressurised by his employer to return to work, with the threat of redundancy mentioned. He returned a month later, only 3 months after his accident. His employers made no allowance for a phased return to work, and he was offered no supervision to ensure he was capable of carrying out his duties. After only 2 months, he was then made redundant.
His symptoms included stress, nightmares, flashbacks and difficulty sleeping. His concentration was affected and he was unable to drive for a time, in addition to the physical injuries to his shoulder, which lasted several weeks and caused continued discomfort. Our client was diagnosed with post traumatic stress disorder as a result of the accident. Time without employment since the incident also caused financial hardship and increased the levels of stress he suffered.
An offer was made by the defendants, but our specialist personal injury lawyers felt this was not sufficient for the suffering our client had endured. They were able to secure a higher value of £25,000 compensation, for this injury at work.- Serious Back Injury Caused by Defective Equipment: After sustaining a back injury at work, caused by a defective piece of equipment, our client suffered ongoing, chronic pain and was unable to continue working.
The incident occurred when our client was using a large, rotating file system. It was only installed a week or two previously and was reported as faulty almost immediately afterwards. Arrangements were made for it to be repaired and, as far as the claimant was aware, this was carried out successfully. When she used the system days later, there were no verbal or written instructions that there was still a problem.
The system jammed as she tried to rotate it, causing severe pain in her chest and back. Despite receiving various treatments from her GP and at hospital, there was no improvement in her condition and her employment was terminated.Our specialist personal injury solicitors made a successful claim against her employers and recovered £81,581 damages in respect of her injuries and losses, including loss of past and future earnings.
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Testimonials
"It wasn't realistic for me to work any more and the loss of my income placed an additional strain on us."
Jane Evans
Mother of Rebecca
Personal Injury News
