Personal Injury
SummaryUp!
All information on this page has been supplied by National Accident Helpline. For more free information and advice about personal injury claims, visit the National Accident Helpline website.
'Personal injury' is a legal term meaning a bodily or emotional injury. The term is usually used to refer to a compensation claim made against another party which asserts that the injury in question was sustained due to their negligence.
How is personal injury compensation claimed?
In a successful personal injury claim, the injured party will be paid compensation for lost earnings, recuperation costs, pain and suffering and any other relevant costs and expenses incurred due to the accident.
Examples of accidents which could lead to a successful personal injury claim include a back injury sustained through work where the duty of care was not upheld by the employer, and whiplash following a car accident which was the fault of another driver.
Personal injury claims in the UK
In the UK, personal injury claims can be made on a no win no fee basis. This means that if claims are unsuccessful, the claimants do not have to pay any fees to their personal injury lawyers, or costs if the case ends up going to court. In practice, the claimant will usually be able to claim 100% of their compensation if the case is successful, as in that instance the fees and costs are usually recovered from the other side.
Any person who has had an accident the fault of someone else may be entitled to claim compensation for their injury. It is important for victims to gain reliable, independent advice and to find a specialist personal injury lawyer, should they choose to make a compensation claim.
Most Common InjuriesUp!
The information and advice below was supplied by the National Accident Helpline. To find out more about the most common injury types in personal injury claims cases, including whiplash and RSI, or to make a personal injury claim, please visit the National Accident Helpline website.
Personal injury claims can be made for a huge range of physical and psychological injuries, but some types of injury claim are more common that others, because they happen more frequently following the negligence of another party. Two of the most common types of personal injury claim are whiplash and repetitive strain injury (RSI).
Whiplash
One of the most common personal injury claims is whiplash following a road accident. Whiplash is an injury to the soft tissue in the neck, caused by a sudden extension of the neck muscles. During a car accident, one or more of the passengers will often suffer whiplash due to the sudden movements of the head immediately after impact.
Symptoms of whiplash injuries include pain in the neck area as well as the shoulders and arms, dizziness and headaches. Normally, whiplash injuries are minor and patients will recover without treatment. In some cases, though, the pain and discomfort are so severe that the victim will need to take time off work. In these cases, claims can be made for loss of earnings as well as pain and suffering.
RSI claims
RSI (short for 'repetitive strain injury') is usually the result of long-term, repetitive overuse of the arm or hand. This type of injury often happens at work as a result of long hours of typing, mouse use or holding a steering wheel while driving, all of which are common occupational hazards.
If it can be proven that an employer has not taken adequate health and safety measures to prevent RSI, and an injury has occurred as a result, the injury victim may be entitled to make a claim for repetitive strain injury compensation.
No win, no feeUp!
The text on this page was provided by claims management company National Accident Helpline. Further information and advice about No Win No Fee claims is available at the National Accident Helpline website.
Anyone making a personal injury claim in the UK can use the no win no fee claims system for claiming compensation. With this system, the claimant does not need to pay fees or costs if their claim is unsuccessful. This system is intended to give improved access to justice for claimants in the UK.
How does no win no fee work?
The reason no win no fee claims can go ahead is that no win no fee solicitors are able to take on personal injury claims on the basis that, if the case is lost, they will not receive any fees for their work. The reason they are able to take this risk is that, if the claim is won, the solicitor will be entitled to an extra 'success fee', a percentage increase on their hourly rate, on top of their usual earnings on the case.
What if the case is won?
Even if the case is won, the claimant should not pay any fees or costs, and should gain 100% of the compensation they have won. This is because fees and costs, including the solicitor's extra success fee, can be recovered from the other side, along with the compensation awarded to the claimant.
How to make a no win no fee claim
If you think you might be entitled to make a no win no fee claim for compensation, it's important to gain expert legal advice as soon as possible. This is so that any evidence needed for the claim can be collected and the injury assessed by a medical professional straight away.
