Am I Eligible to Claim Personal Injury Compensation?

Main Criteria for Claiming Compensation

1. Was the Accident Someone Else’s Fault?

To have a valid claim, you need to demonstrate that another party was negligent and that their negligence caused your injury. This could be:

• An employer who failed to provide a safe working environment
• A driver who caused a road traffic accident
• A business owner who neglected to maintain safe premises

2. Can You Identify the Liable Party?

In most cases, you need to be able to identify who was responsible for your accident. This could be:

• Your employer
• Another driver
• A local authority
• A business owner

In some cases, such as hit-and-run accidents, you may still be able to claim through special schemes like the Motor Insurers’ Bureau.

3. Was the Incident Reported?

Another important factor in making a successful claim is reporting the details of your accident to the right people. Reporting your accident is important for several reasons:

• It creates an official record of the incident
• It provides evidence to support your claim
• It may be a legal requirement in some cases (e.g., workplace accidents)

Unless you are severely injured and incapacitated, you should report your accident and injuries immediately and ensure that they are noted in an accident book. If the third party tell you they don’t have an accident book, or won’t let you have access to it, there are things you can do.

Any employer or location open to the public should have an accident book or a way of recording incidents. By recording the incident, you are providing proof that your injuries were caused on their patch.

4. Have You Sought Medical Treatment?

Seeking medical attention is important for two reasons:

1. It ensures you receive proper care for your injuries
2. It creates medical records that serve as evidence for your claim

Without medical examination, it is likely that your injuries will not be seen as sufficiently serious to warrant a claim. If you haven’t seen a doctor yet, it’s not too late. Even if some time has passed, a GP can still diagnose and document your injuries.

5. Are Your Injuries Significant Enough?

For a claim to be viable, your injuries typically need to:

• Have lasted for at least a few weeks
• Have had a noticeable impact on your life
• Be severe enough to justify the cost of pursuing a claim

It’s not enough to just be injured, the injury has to be severe enough to provide a sufficient level of quantum to enable the claim to be placed. Quantum is the posh Latin term for value of the claim used in the legal world. To ensure that the injury value is sufficient, it is usually the case that an injured client will need to have suffered from their injury for a period of at least a few weeks. Therefore, if you sprained your ankle mildly and recovered within a fortnight, you would struggle to bring a claim. But if you sprained your ankle badly, tearing the ligaments and spent 6 weeks on crutches and then had 5 physio sessions, your claim would easily pass the quantum test.

If all this seems a bit complicated, or you haven’t done any of the above, don’t worry – if you contact us we can talk you through it and help you to complete the necessary steps.

Who Can Make a Claim for Injury Compensation?

In general, any person who has been injured due to someone else’s negligence can make a claim. This includes:

• Adults (who have 3 years from the date of the accident to claim)
• Children (who have until their 21st birthday to claim)
• Employees injured at work
• Drivers, passengers, and pedestrians involved in road accidents
• People injured in public places

Types of Valid Claims

Work Accident Claims

To have a valid work injury claim, you need to show that your employer failed in their duty of care. Just having an accident at work is not enough to guarantee compensation. To make a work injury claim, the injured employee must be able to demonstrate that the employer was liable and exposed the staff to risk of injury, rather than it being their own fault. For example:

1. Did your employer give you the correct training?
2. Were you given an induction to the workplace?
3. Were you provided with personal safety and protective equipment (PPE) to complete your job safely?
4. Did your employer adequately maintain equipment and service machines?
5. Were you advised how to report accidents and how to access the accident book?
6. Did your employer ensure correct staffing levels and an adequate amount of first aid trained staff?
7. Did your employer act upon reports of potential risks of danger to employees?

The above is just a guide and there could be many more ways in which an employer would be liable. If you are self-employed you could potentially claim against those responsible for your health and safety where you’re working.

Road Traffic Accident Claims

RTA claims can be made for a range of physical and psychological injuries, not just whiplash. And the cause of the accident need not be another vehicle, it could equally be a faulty traffic light or road surface. If the person who caused the accident is insured you can make a claim against the insurers, for hit and run or uninsured drivers the claim will be made against the Motor Insurance Bureau. If the accident was caused by the road surface itself, it may be possible to make a claim against the Highways Agency.

Public Accident Claims

Public accident claims often involve proving that a property owner or occupier failed to ensure visitor safety. Examples include:

• Wet floors without warning signs
• Uneven or damaged walkways
• Poor lighting in public areas

Slips, trips or falls can obviously take place anywhere, but to claim compensation you need to prove that responsibility for the accident lies with a third party rather than yourself. Shops, restaurants, libraries and business establishments, for example, all have a responsibility to ensure people’s safety. If they fail to do so and accidents occur as a result, they can be found to have been negligent and liable to compensate the injured party.

Clearly, if you slip and fall after mucking about, any injuries you have are going to be seen as being your own fault. You can’t claim personal injury compensation if an accident was caused by your own actions!

For more detailed information read How do I know if I have a valid slipping accident claim?

The Importance of Evidence

Gathering evidence is crucial for supporting your claim. This can include:

• Photographs of the accident scene and your injuries
• Witness statements
• CCTV footage
• Medical records
• Accident reports

Time Limits for Making a Claim

In most cases, you have 3 years from the date of the accident to start a claim. However, there are exceptions:

• Children have until their 21st birthday
• Cases involving industrial diseases may have different time limits
• Claims against the Criminal Injuries Compensation Authority must be made within 2 years

Find Out if You Can Claim

While these guidelines can help you determine if you might be eligible to claim, every case is unique. Remember, if you’re unsure about any aspect of your potential claim, it’s always best to seek professional legal advice. We offer a free initial consultation to help you understand your rights and options.

The quickest way to see if you are eligible to claim is to tell us about your accident and we’ll get back to you asap. We won’t share your information with anyone without your permission.

Tell us about your accident

You might not think it is worth going through the hassle of putting in a claim for compensation, but it doesn’t take much time at all. With Direct2Compensation, you will find the process of claiming compensation rather easy.

Frequently Asked Questions