Personal Injury Claims

How long does a personal injury claim take?

Personal injury claims can take as little as a few months up to several years, depending on the severity of the injuries and the extent to which the other side defend the claim.

For relatively simple claims with minor injuries and where the third party (the person you’re claiming against) admit fault and work with us constructively, it is sometimes possible to settle those cases in a few months.

In cases with moderate injuries that might take several months to recover from, and the third party maybe doesn’t admit fault or looks to defend the claim, these cases can take up to 18 months and sometimes a bit more.

For very serious cases with life-changing injuries and on cases that proceed to court, it can be 2 to 3 years and in rare cases even longer.

Medical negligence cases tend to take longer because of the need to obtain independent expert evidence and if the defendant does not make early admissions can take 3-5 years.

In all situations we aim to recover interim payments – compensation we can pay to you during the case – to help with ongoing costs or loss of earnings.

What is the average payout for a personal injury claim in the UK

The average payout for a personal injury claim in the UK is between £10,000 and £11,000. However, the majority of personal injury claims (particularly road accident claims) tend to be lower in average payouts and the overall average amount is affected by a small number of claims that can run into the millions. Those cases might include birth injury claims or brain and head injury cases where there are life-changing injuries and permanent care is required.

While the compensation amounts for the pain and suffering elements of a claim are set by the Judicial College Guidelines, the ‘Special Damages’ such as loss of earnings, home adaptations, prosthetics, and other medical treatment, can make some settlements very high.

How much does a personal injury claim cost?

We always work on a no-win no-fee basis for any personal injury claim. This means that there’s no cost to you if we aren’t successful in your claim.

You can also talk to us as much as you want and need during the course of your claim to make sure you have all the information you need.

We only get paid when we win your case and you always keep the majority of your compensation. Our fees are a percentage of what we can recover for you.

In most cases we recommend that the claim is insured. The cost of the insurance premium is not usually recoverable from the defendant and will be deducted from your compensation. We will explain how this works when you call us to discuss your claim.

How much compensation can I recover for a personal injury claim?

The amount of compensation you will receive for a personal injury depends on the type and severity of injury, and the total cost of any out of pocket expenses or other losses you’ve incurred as a result of the accident or illness.

The compensation for the injury covers the pain, suffering, and loss of amenity, and is usually referred to in legal terms as the ‘General Damages’. These amounts are set by the Judicial College, which is part of the Ministry of Justice, and the categories range from minor to extremely severe. The table below sets out examples of the compensation you would expect from various injury types.

Injury Compensation range

Head injury £1,760 – £322,060
Mild tinnitus to total deafness £10,040 – £87,410
Moderate shoulder injury £6,290 – £10,180
Back injury with permanent symptoms £9,970 – £22,130
Hip or pelvis injury £3,150 – £104,370
Broken forearm £5,280 – £15,300
Injured wrist £2,810 – £47,720
Ankle injuries £10,960 – £55,560
Post-Traumatic Stress Disorder £3,150 – £80,250

In addition to the General Damages, you can also claim for any costs and losses related to the injury as well as any ongoing anticipated costs for long-term care, loss of earnings etc. These amounts often far exceed the compensation for the pain and suffering, particularly if the injury results in lifelong adaptations or an inability to work. This compensation is known as ‘Special Damages’ and your solicitor will work with you to identify all possible recoverable amounts. Some examples of

Special Damages include:

• Medical costs
• Lost earnings and bonuses
• Home adaptations and mobility devices
• Prosthetics
• Personal care
• Damaged personal belongings
• Travel and parking costs for attending medical appointments

You should keep receipts of all expenses as your solicitor will let you know if they can be added into the claim.

How do you prove a personal injury claim?

Our experienced legal team will work on proving you have a legitimate personal injury claim. We will ask you for details of the circumstances in order to establish proof. This covers several key areas:

• Did the other side owe you a ‘duty of care’.
• Did they breach the duty of care by their actions (or inactions)
• Did that breach cause your injury

If we can answer ‘yes’ to the three questions above, we can then look at the extent of your injuries, with the support of medical evidence, and begin to work out the compensation you’re entitled to.

Take an example of an accident at work. Your employer owes you a duty of care. They might breach that by not giving you proper training, or by providing you with unsafe machinery, and this causes you to be injured.

Or in a road traffic accident, the other driver owes you a duty of care and perhaps they were distracted or driving dangerously, causing an accident that results in your injury.

If you’re not sure about how to prove a personal injury claim, your solicitor will help explain if we need any evidence or information from you to establish the proof.

Is it worth claiming for personal injury?

It’s always worth speaking to our friendly team about your personal injury claim. If you’ve been injured because of someone else, then you have a legal right to compensation.

There should be no stigma or awkwardness about making a personal injury claim – the law is there to protect you.

In many cases people suffer lost earnings and can struggle to pay bills after an injury. Or maybe they just need some support on the road to recovery. Whatever your situation, we can help you and make sure you get what you need and what you’re entitled to.

How long after an injury can I claim?

Usually you have three years to make a personal injury claim and the timer starts from the date of the accident or the date you discovered you had an injury or illness. There are some exceptions to this including accidents at sea where there is a two year window to make a claim. We would therefore encourage you to seek advice as soon as possible.

For example, if you’re knocked off your bike and broke an arm, you would have three years from that date to make a claim.

If you have just discovered a health condition or illness (such as a respiratory problem or skin condition) that might have been caused by your work or working environment, you have three years from that point – even if you left that job many years ago.

For cases involving children, the three year time limit only starts once they reach 18 and before that, a parent or guardian can make a claim on their behalf.

In some cases where the injured person has lost mental capacity, there is no time limit – unless they regain mental capacity at a later date – and a family member can make a claim on their behalf.

What is the personal injury claims process?

We have a simple 4-step process for personal injury claims to make it as easy as possible for you.

Initial consultation and information gathering

It’s completely free to speak to our legal team to discuss whether you have a case or not. Once we have taken initial details and established that we can accept your claim on our no-win no-fee service, we start to gather all relevant information and evidence to make the strongest possible case for the most amount of compensation.

Present your claim to the insurance company

We contact the third party insurers and send them details of your claim. We will ask for an admission of liability and request agreement to fund rehabilitation.

If your claim relates to Medical Negligence we will liaise with either the insurer or NHS Resolution who act for the NHS Trusts and many GPs.

Negotiate a settlement and interim payments

If liability is admitted we work with their legal teams to secure interim payments to cover your living expenses and other costs where possible. We will work on gathering all the relevant evidence and documentation to build your claim and negotiate the highest possible compensation amounts.

Recover and pay your compensation

Following negotiation with the other side, and agreement on the extent of your injuries and other losses, we recover a final settlement from the insurers and pay you directly your compensation.

We will advise you on whether the offer is reasonable or not, and how likely it is to be successful in further negotiations.

Why choose Wolferstans

Our friendly and experienced personal injury solicitors have recovered millions of pounds in compensation for thousands of injured people, helping them get their lives back on track.

We will keep you regularly informed on the progress of your case, and when you make a claim with us, you are free to speak to us as often as you need to.

FAQs

Can a Personal Injury claim be rejected?

A personal injury claim could be rejected if there’s no evidence that someone else caused your accident, or if you are dishonest in your claim.

How is compensation calculated for pain and suffering?

Compensation amounts for pain and suffering are set by the Judicial College Guidelines and relate to the type and severity of the injury.

What’s the best way to make a personal injury claim?

The best way to make a personal injury claim is to speak with our friendly team who will guide you through the process and let you know if you have a valid case.

What are the limitations on personal injury claims?

Personal injury claims typically have to be made within three years of the date of the accident or three years from when it became clear that your injuries were the result of an accident. For children, the three year period only starts when they turn 18 and a parent or guardian can make a claim on their behalf before then. In some cases where the injured person has lost mental capacity, or had limited mental capacity prior to the accident, there is no time limit (unless they regain mental capacity) and a loved one can claim on their behalf.

Can you take over my claim?

If you’re not happy with your current personal injury solicitors, or the time it’s taking to settle your claim, we may be able to take over the case for you and work on getting you the most compensation in the quickest possible time.