What should I know about personal injury claims?

Types of Personal Injury Claims

Motor Vehicle Accident Claims

Where the accident and your injuries occurred because of the negligence of another road user.

Medical Negligence Claims

Where your injury or illness occurred or worsened because of the negligence of treating medical staff.

Public Liability Claims

Where your injury occurred because of the negligence of a business, organisation or government body.

Injuries Caused by Others

If we are able to establish that your injury was not your fault (or only partly your fault), and that another person or organisation was at fault, then you are likely to be able to make a successful claim.

What can I claim for?

There are many different categories of compensation or “heads of damages” that can attract varying amounts of compensation.

These include:

• Past and future pain and suffering

• Economic loss due to time off work or loss of work 

• The cost of the medical treatment that you have received and the anticipated cost of future treatment 

• The monetary value of the help that your partner/spouse, children or parents may have provided due to your injuries 

• The effect of your injuries on your ability to work in future

Some heads of damages, such as pain and suffering, are capped at a fixed amount prescribed by law. This part of your claim can be complicated, meaning that expert legal advice is vital. 

How much money am I likely to receive?

First we must establish that your injuries were someone else’s fault, known as “liability”. Once liability is established, we can then assess the amount of money that you are likely to be able to claim, which is known as “quantum”.

Assessing quantum involves proving the extent of your injuries and loss. Independent evidence is often required, such as medical evidence provided by way of a report from a specialist, and examples of economic loss which can be highlighted by your past earning history.

Injuries that Impact Relationships

It is not uncommon for the relationship of an injured person and their spouse to be significantly affected following an accident or injury.

As the spouse or partner of an injured person who has a personal injury claim, you may well have a claim for what is known in legal terms as “loss of consortium”.

Time Limits on Claims

Generally a claim must be made within three years of the date of the injury being sustained or the negligent act taking place.

Failure to commence a claim in time can mean that the claim is statute-barred and cannot be pursued.

However, the law in this area is complicated and it is sometimes possible to start a claim “out of time”.