What is a Personal Injury?

5 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.

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

Leave a question

Please note we can only deal with claims within the UK legal system. Your question will appear once approved and we'll answer it as soon as we can. Your email address will not be published, your name will, so feel free just to use a first name.

Questions & Answers

  1. Lucia

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

  2. Arnold

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

  3. 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.

Direct2Compensation Personal Injury Claims

Speak with a claims expert

We're happy to answer any questions you might have, or let you know if you are eligible to claim. Just fill out the form below. You can also call us on 01225 430285.