What Is a Personal Injury Claim? Home / A personal...
Read MoreWhat Is a Personal Injury Claim?
A personal injury claim arises when an individual suffers physical injury, illness, disease, or psychological harm as a result of another person’s negligence or fault. In some circumstances, personal injury claims may also involve fatal accidents, where a loved one has lost their life due to negligence.
If you have been injured because someone else failed in their duty of care, you may be legally entitled to pursue compensation. Personal injury law exists to ensure that injured individuals are not left to bear the financial, physical, and emotional consequences of an accident that was not their fault.
What Can You Claim Compensation For?
Following a personal injury, compensation is designed to place you, as far as possible, in the position you would have been in had the accident not occurred. This means your claim can include both the impact of the injury itself and the financial losses you have suffered as a result.
Compensation commonly covers pain, suffering, and loss of amenity, as well as loss of earnings, future loss of income, and expenses incurred due to the injury. These expenses may include travel costs, damaged personal items, medical expenses, or assistance provided by family members during recovery.
Compensation for Pain, Suffering, and Psychological Harm
One of the key elements of a personal injury claim is compensation for pain and suffering. This reflects not only the physical injury but also any scarring, disfigurement, or psychological and emotional impact caused by the accident.
The level of compensation awarded depends on the severity of the injury, whether the effects are long-term or permanent, and how significantly the injury has affected your daily life. To assess this, independent medical evidence is obtained, usually from a specialist or, in minor cases, from your GP.
Courts assess compensation by comparing your injury to previous similar cases, ensuring that awards are fair and consistent.
Loss of Earnings After an Injury
If your injury has forced you to take time off work, you may be able to recover compensation for lost earnings. This is calculated based on your net income rather than gross salary, and any compensation received is not subject to tax.
Loss of earnings is typically assessed using your average take-home pay prior to the accident. Supporting documents such as payslips before and after the injury are important, and confirmation is usually obtained from your employer to verify the financial loss.
Future Loss of Earnings and Pension Impact
The Government has made it clear that it does not intend to maintain the current settlement frame
In more serious cases, an injury may affect your ability to return to your previous role or reduce your long-term earning capacity. Where this happens, future loss of earnings may form a substantial part of your claim.
If the injury also impacts your pension contributions or forces early retirement, any resulting pension loss can be included. While claimants are expected to take reasonable steps to find suitable alternative work if possible, compensation reflects genuine and unavoidable financial losses caused by the injury.
work in its existing form. At the same time, ministers have acknowledged the strength of public concern and confirmed that transitional arrangements are still under review as part of an ongoing consultation process.
While some elements of the reform are expected to proceed, the final structure — particularly how existing migrants will be treated — has not yet been confirmed.
Recovering Other Injury-Related Expenses
Personal injury claims may also include compensation for a wide range of additional costs. This can cover damaged clothing or personal items such as glasses, helmets, or dentures that were affected during the accident.
Reasonable travel expenses, prescription charges, and rehabilitation costs can also be recovered. Where replacement vehicles or specialist equipment are required, these costs may be included, provided they are reasonable and supported by evidence.
Serious Injury Claims and Long-Term Care Needs
In serious injury cases, claims may include the cost of specialist equipment, mobility aids, or professional nursing care. These claims are carefully assessed to ensure that ongoing needs are fully considered and adequately funded as part of the compensation award.
Case Study: Successful Personal Injury Claim
AM was crossing the road when he was struck by an ambulance overtaking stationary traffic. He suffered severe injuries to his left leg, including fractures to his ankle and the amputation of several toes. After spending eight weeks in hospital, AM was transferred to a rehabilitation unit.
Facing financial hardship and uncertainty, AM instructed our firm. Within one month, we secured an interim payment of £10,000. Liability was later admitted, and after rejecting an initial settlement offer, the claim ultimately resolved for £150,000, reflecting the seriousness of his injuries and long-term impact.
How to Make a Personal Injury Claim
Our solicitors specialise exclusively in personal injury law and guide clients through every stage of the claims process. From the initial consultation to securing compensation, we ensure your case is handled with care, clarity, and determination.
We begin by assessing your circumstances, contacting insurers, and securing early interim payments where appropriate. Where liability is disputed, we gather evidence and obtain expert medical opinions to support your claim and ensure fair compensation.
Contact Advantage Solicitors
If you have been involved in an accident within the last three years and believe you may have a personal injury claim, we are here to help.
Advantage Solicitors
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