What is considered a personal injury case?

Claiming for a personal injury

How do you know if you have a personal injury claim?

Many injuries aren’t eligible for compensation – but if the incident was someone else’s fault then you could have a personal injury claim on your hands. The most common claims come from injuries sustained in road traffic collisions and public liability claims. The Department for Work & Pensions’ Compensation Recovery Unit reported 650,019 motor-related incidences were registered and 96,067 public liability claims were registered in 2017/18 alone. 

A personal injury can be physical or psychological. If you break your leg after slipping on a spillage in a supermarket then you have suffered a physical personal injury. However, if you were in a road traffic collision and experienced depression and anxiety, then this could be classed as a psychological personal injury.

Quentin Underhill, Head of Serious Injury at Birchall Blackburn Law, said: “Unfortunately, there aren’t any automatic rights to compensation if you’ve suffered a personal injury. An individual or an organisation must be to blame…and you must be able to prove it.”

“One of my key points is that it’s crucial to seek legal advice as early as possible so that your solicitor has enough time to investigate and prepare your case. Many firms have a policy of rejecting any inquiry if there are less than 3 months (or sometimes even 6 months) of the time limit left to run. Cases are won and lost on evidence and almost without exception, the sooner the solicitor starts to work, the stronger the evidence the solicitor can obtain.”

There are three quick questions you need to ask yourself to determine whether or not you have a personal injury case:

  • Can you prove your injury with the appropriate medical evidence?
  • Is there an individual or organisation to blame? For example, a hospital, the council, a driver or a supermarket?
  • Has your injury changed the way you carry out your day-to-day life? For example, unable to work, disturbed sleep or chronic pain stopping you from carrying out daily tasks.

Examples of personal injury claims

There are a number of types of personal injury claims including, but not limited to, the following:

  • Road traffic collisions
  • Slips, trips and falls in a public place
  • Medical negligence
  • Workplace injuries
  • Criminal offences
  • Accidents abroad (holiday injuries)
  • Faulty technology
  • Accidents in the home

Details a solicitor needs for your personal injury claim

Your solicitor will need a few details about your personal injury before you can officially make a claim. Some of the information required will include:

  • A record of how the incident happened
  • The time and date the incident happened
  • Location of the incident 
  • The type of injuries you sustained
  • The medical treatment you received
  • Name and contact details of anyone else involved in the incident
  • Name and contact details of any witnesses
  • Registration numbers of vehicles involved (if applicable)

Quentin says: “We provide a personalised experience for all customers. After our initial free telephone consultation with you, we visit you and your family at home or the hospital. We find this is the best way to get to know our clients and take care of your immediate needs. After our assessment we’ll confirm whether or not you have a claim.”

Do you think you may have a personal injury case? Please call us on 0800 614 722 or request a call back here.