Q. What can I claim compensation for?
A. You may be able to claim for a number of accidents from tripping over a paving stone to falling from scaffolding. Perhaps you have been injured in a car crash, developed a disease from infected air conditioning units or even caught MRSA during your stay in hospital.

Whatever your situation, Judge & Priestley's personal injury compensation lawyers are here to help.

Q. I've been injured, do I have a claim?
A. In order to obtain compensation for an injury or sickness it has to have been caused by the error or 'negligence' of someone else. However, sometimes even if you were partly to blame, you may still have a case.

The fault may be clear, for example a drunk motorcyclist ignoring a red traffic light and knocking down a pedestrian, or a doctor misdiagnosing an illness. Other less obvious mistakes could include an employer failing to check that employees are following safety procedures.

Q. Is there a time limit for bringing a claim?
A.The law says that claims must be brought within strict time limits - usually 3 years from the date of an accident or for a child by the time they are 21. Where there has not been an accident for example where someone develops an illness from exposure at work to a harmful substance the 3 years starts from the ‘date of knowledge' in other words the date when you realise that your condition or illness is related to that exposure.

Q. What do I need to make a claim?
A. To succeed in a claim for damages for personal injury you will have to prove that you have suffered injury, that someone else was negligent and that this negligence caused your injury. It is not sufficient to only prove that you have been injured. If the claim is about the defendant's negligence and/ or breach of statutory duty, you will have to show, on a balance of probabilities (i.e that it is more likely than not) that the defendant was negligent or breached his/ her statutory duty. In order to do this you will need to give full details of the facts alleged against the defendant.

Because you must prove your claim, it is vital that you keep:
- photographs of the place where the accident happened
- photographs of your injuries if they are visible eg scarring or bruising
- details of any witnesses
- your contract of employment, job description or copies of the accident book (if the claim is against your employer)
- any expenses and receipts relating to your claim (i.e travel to hospital, medical costs or extra household bills)
- all correspondence relating to the claim
- all documents relating to your treatment
- any damaged items – if possible
- payslips and copies of your accounts


Q. How much will I get from a compensation claim?
A. There are two parts to compensation:

i) An award for your pain and suffering and loss of enjoyment of life. This is measured with the help of expert medical evidence. There are guidelines referred to by the court for the amounts payable in respect of particular injuries and we can explain these guidelines to you.

ii) A further award to reimburse you for your financial losses - both past and future. Your financial losses are calculated according to the evidence that shows what you have lost. This could include loss of earnings, travel costs to and from hospital appointments, the cost of any medical treatment you may have had or may need in the future and the cost of any care and assistance you may have had from your family or friends and may need in the future.


Q. What happens if my claim is unsuccessful?
A. We will advise you from the outset whether you have a valid claim. If court proceedings are issued and are unsuccessful, the defendant may seek to recover his legal costs from you. In some circumstances, it is possible to take out insurance before the proceedings are issued to guard against these costs.

If you would like to speak to an expert regarding a personal injury claim, please send us a message using our enquiry form >>>