What is a Personal Injury?

9 questions have been answered below, why not ask your own?

Personal injury is a legal term used to cover any claim relating to an injury to the body, mind or emotions, rather than damage or loss of personal property. Personal Injury as a term is usually used in connection with a type of tort lawsuit in which a claimant will allege that their injury has been caused by the negligence of another party.

Some incidents in which a personal injury can be caused and personal injury claims can be made are road traffic accidents, accidents at work, tripping/slipping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases, vibration white finger, occupational deafness, occupational stress, contact dermatitis, and repetitive strain injury cases.

If an injured party can prove that they were injured as a result of the negligence of another party, the injured claimant may well be entitled to compensation from that party.  The system in the United Kingdom differs greatly from that within the United States.  The US system is complex and controversial, with critics calling for various forms of reform.  In the US, Attorneys often obtain settlement values that are far higher than those that can be obtained within the UK. This is because the US system has a 3rd element to the claim as the liable party not only has to pay compensation for the injuries suffered by the claimant, the special damages losses that they have incurred, but also a 3rd element which is a punitive charge (which is not the case in the UK) and this often make a significant impact on the value of any claim.

In the United Kingdom, the no win no fee system changed in April 2013 as a result of the LASPO act 2012.  This now means that personal injury solicitors must work on a revised Conditional Fee Agreement (No Win No Fee Basis).  Although the system has changed, claimants can rest assured that should they fail with their claim, the Solicitor still acts on the basis that the claimant will not pay a penny if the claim fails.

However, the new compliant system now means that should the claimant win, they are obliged to make a contribution from their settlement awarded towards their Solicitor’s legal fees.  This is set at a maximum of 25% of any award they receive and will be deducted from their settlement before they receive their personal injury compensation settlement.

9 questions have been answered below, why not ask your own?

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Questions & Answers

  1. Nicolette

    I started working with a company (large) where my immediate manager took no I retest once I joined the business and left me to it. I have kept a department afloat with many obstacles and a distinct lack of interest. I had little to no help from the HR department and had to raise emails in reference to recruitment nearly on a daily basis chasing them for help. I had a family member interested in a position I had available and was okayed this by my then manager as , as much as they would work for me they wouldn’t be interacting with me daily, now I only Perdue’s this as I had my team leaders who worked for me arrange interviews and also walk around whilst I was not on site so that I was not influencing any decisions. I left it to them and also to follow up with reasons why or why not as in every case. also the company is family run and also there are many managers withing the company that have their partners working alongside or beneath them. However I was singles out and a greivance raised against me, which was proven to have no groubds. Also that family member was told there was a conflict of I retest and therefore could not take the job. This has not happened to anyone else? My then manager got moved internally to a position which meant someone else stepped into his shoes but on the interim a company director got involved, and despite my many previous concerns he listened to a few which were fine and addressed them. However he then tasked me to complete. Avery intense project (no interaction from him hardly in all this time) this was over the Christmas period and I had a deadline. I was invited to a teams meeting with a person in the same position as me in another depot and my then new manager with the director to run through progress. I was having difficulty as teams didn’t run without help from IT in our video conference room. The IT guy can logging me into a call, we were not quiet and I said hi, the IT guy left and at that point to my horror and high intense upset and embarrassment I was listening to our collective director talk about me in a horrible way saying he sees me every day doesn’t know what I do, and continued to talk down about me until my new manager said oh I think someone has joined. I again said hi but was in no fit state to continue the call. This has left me with intense anxiety and unwell. I doubt myself now completely and have no trust withing the business. I have worked and have done so from home for the first return after Christmas and have just been signed off again for a month due to stress related work. What should I do. I just feel awful, embarrassed and had a couple of panic attacks , distinct broken sleep.

    • Ian Morris

      You should not feel any embarrassment or awkwardness. We all have a breaking point and it would seem that you have been placed under a huge amount of pressure.

      The key thing is to make sure that your concerns and problems are brought to the attention of the employers in writing. Once this is done, the employer cannot say that they didn’t know that you were struggling. They can then at least be questioned about their handling of your workload and whether they need to make any reasonable adjustments to make your work more manageable or safer.

      If you would like to get advice from our specialist work related stress Solicitors, please download and return our ‘stress at work’ questionnaire. Once we have that, our Solicitors can review your situation and advise you on your options legally.

  2. Donna

    Hi in July I had emergency heart surgery where I ended up having three stents in my heart! Even thou I was supported coming back to work on my phase to return I never had no meetings or support in my recovery and was put on the busy phone lines that was making me stressed causing me to have anxiety & stress , even resulting in getting haemridge in thr eye did to stress, when I highlighted this the manager would not listen to my concerns, which resulted in me referring myself to occupational health quoting they never aided my recovery they had referred me as well to which 8 was disgusted when I read the report as they had fabricated & had made comments which I find was untrue and not clear indication.why I went off with work related stress. I had slso been informed that a manager had approached a work colleague to check my work! I am now feeling stress & anxiety again! I cant face work I feel that I am being bullied and false allegations have been quoted about me, it gas affecting me and my mother who is residing with me as she can see how stressed I am. I have even suicidal at some point!, I gave worked for the company for 15 years. I cant face going into work now as it is making me I’ll.


    Donna Avenell

    • Ian Morris

      Claims for work related stress compensation are difficult to pursue, but the potential to make such a claim is available and we can look in to this for you on a No Win No Fee basis.

      As such claims need specialist consideration, we have a specialist Solicitor able to review this matter for you. To take this further, we need you to complete and return our initial questionnaire. You can download the questionnaire from our website, then email it back to us at justice@direct2compensation.co.uk Once we have the completed questionnaire, we’ll hand this to our specialist Solicitors and they’ll contact you to discuss this further.

  3. Lucia

    Hello how can I claim stress at work pls..I want compensation

    • Ian Morris

      To find out if you can make a claim for work related stress compensation, you need to complete and return an initial questionnaire. The information on the questionnaire will enable our specialist Solicitors to consider your situation and advise you as to whether or not you can pursue a No Win No Fee claim for work related stress.

      You can either download the questionnaire on our work related stress compensation page or you can request it via email to: justice@direct2compensation.co.uk

  4. Arnold

    How can I find out if I can make a claim for work related stress compensation?

  5. Elliot Bell

    Ive been signed off sick as reactive depression situational and this is im being told has been caused by the employer. 18months ago the maintenance dept worked at 46hrs this was changed to 30hrs i sent emails stating concern on safety /security / wellbeing and work load and being able to cope this i have documented and raised many times.
    They have tried to bully me in changing my contract which i have not accepted and placed a grievance.
    So i have been thinking can i sue my employer on what they have done to me causing a work related stress.

    • Ian Morris

      Please email us to request a work related stress questionnaire. Once this is filled in and returned to us, we can ask our specialist Solicitors to review the contents and advise you as to whether or not a claim can proceed for work related stress and anxiety compensation.

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