What severity of injury warrants a claim?

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In nearly every claim, there has to be a recognised injury and medical treatment has to have been sought and received by the claimant. Most injured clients get medical treatment in A&E or from their GP. This provides medical evidence to quantify their injury. If it’s noted on your medical records, it can be proven what injury you had. Some clients will seek private chiropractic or osteopathic treatment or visit a masseur or physio. That’s fine too, as they will keep records and provide receipts about the level of treatment given.

But alas, 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 with a specialist personal injury solicitor. Quantum is the posh legal (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 4 weeks or more.

Taking ankle injuries as an example, if you sprained your ankle mildly and recovered within a fortnight, you would struggle to bring a claim. But if you tore ligaments, spent 6 weeks on crutches and had physio sessions, your claim would easily pass the quantum test.

For the sake of a claim, its always best to ensure that your GP is made aware of any ongoing problems with an injury. To put it bluntly, if you suffer in silence and don’t return to your GP, you won’t be able to claim compensation for the ongoing injury. You could miss out on a substantial sum of what you are actually entitled to receive.

If your injuries don’t settle and you notice discomfort a few weeks or months later, or if you’re not sleeping or feeling depressed because of your injuries, make sure it’s on your medical records.

The basic claim rules are this:

  • Your accident must be someone else’s fault
  • You must report your accident to the correct 3rd party (accident book)
  • You must seek medical attention for your injuries

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Comments & Questions

Read on for questions and advice about claiming...

Just over 5 months ago a colleague lost his footing on church steps while carrying a coffin. I’m a funeral director, I stepped forward to place my hand on the back of the coffin unfortunately he landed on my left foot. Pain instantly. GP gave me medication which I still take for the pain, referred me to physio who said they couldn’t help, referred me to a consultant who said I need surgery ( due in 3 weeks) 6 weeks off work. I have now a hammer toe bent under and chronic pain on the ball of my foot. It went straight into the accident book, reported to a manager. Where do I go if I only get ssp?

Ian Morris

If you are placed on SSP, the only option available to you to seek to recover your lost wages is to make a claim for personal injury compensation against your employers insurance cover. It is an unusual scenario in terms of the cause of your accident, but as it happened at work, we can certainly further investigate the potential to pursue a claim for injury and lost income on a No Win No Fee basis.

If you need further help, please provide further details via our website form or call us on 01225430285.


Thank you for your advice!
I am wondering: if my claim is too minor (not 4 weeks’ suffering) for a no-win-no-fee situation, can I still make the claim myself, individually? or will it be disregarded?

Ian Morris

If your injury symptoms lasted for 4 weeks, you probably meet the injury value criteria and should make further enquiries with us.


hi I have had work related stress then anxiety and depression diagnosed by gp then occy health consultant gave prognosis of mental health disability. can i sue my employer for personal injury to my mental health. please help as they continue to really stress me out.i feel extremely challenged now.ben off work for 9months and will be for the next three months.

Ian Morris

We have specialist Solicitors with expertise in claims for work related stress compensation. This is a personal area, albeit a niche area within this field and our Solicitors can advise you and pursue the claim (if it is viable to do so), on a No Win No Fee basis.

You can make your claim by downloading and returning our initial stress at work questionnaire and our Solicitors will then advise you further.

Chat with us for friendly, expert advice 01225 430285