What is considered to be a personal injury?

People get injured every day. Sometimes the injuries sustained do not badly affect our lives, but sometimes they can have a profound effect on the way that we live our lives, earn our money – and even, sometimes whether we live or die. For people who get injured, it can sometimes be the case that compensation can be claimed for. This may  be able to help to pay for medical costs or to compensate you for money that you have lost through being unable to work, for example.

If you have been injured, and are thinking about claiming compensation, there are a few criteria that you should consider before starting to make the claim.

  • You should be able to prove that you have been injured – we shall obtain independent medical evidence in support of your injuries and your medical records can be obtained if required
  • Identify the Defendant, there should be an individual or organisation that is to blame
  • You should be able to show how the injury has significantly affected your day-to-day life

If you feel that you have sustained personal injury and have identified a negligent Defendant  then you may have a case for getting compensation, read on…

Slips and Trips

Slips, trips and falls are, unfortunately, very common. They can occur as a result of even very small hazards such as a broken paving slab or a spill on the floor, but there are times when these accidents can result in a more serious injury.

If you have been injured through a slip or fall and believe that it was the fault of another person or organisation, you could be eligible to make a personal injury claim against them. In order to succeed with your claim it is necessary to prove negligence on the part of the Defendant.

In order to claim for a personal injury after a slip or fall, you will need to be able to prove three things:

  1. That the third party had a duty of care towards you
  2. That the third party’s actions have breached this duty of care, which caused the accident
  3. That this breach has led to your injury

In most cases, personal injury claims for slips and falls should be made within three years of the accident.  This is known as the limitation period. . When children sustain Personal Injury, the three year limitation period begins on their eighteenth birthday.

Road Traffic Accidents

Injury resulting from road traffic accidents are, unfortunately, very common – one of the most common being whiplash. In addition to the physical impact of a road traffic accident, there is also the possibility of psychological injury.

Injuries incurred through accidents on the road can have a massive impact on people’s lives, and in some cases, you have the right to claim compensation for the injuries that you have suffered. You will need to be able to prove that the accident happened as a result of the negligence of a third party.

If you are looking to claim compensation for the injuries that you have suffered, you will need to do this within three years of when the injury occurred.  . Likewise, if the injured person is a child, they have three years from the time that they reach 18 years old.

Premises liability claims

Premises liability claims refer to injuries that happen to people when they are on a particular property. Most of the time, premises liability claims are made against landowners or tenants, when someone that is visiting incurs an injury.

Some examples of premises liability claims can include slips and falls that have occurred due to the unsafe condition of the property, injury from dangerous animals, or faulty lifts, for example.

Consumer product liability claims

Consumer product liability claims refer to personal injury claims that are made due to a defect in a product. They would not necessarily be caused due to negligence, but could also be due to manufacturing defects, design defects, or marketing defects.

Personal injury by specific type

When it comes to looking at personal injury, there are several different types of injuries that you may want to claim for. They can affect all parts of your body – including a psychological injury, and can include:

  • Whiplash claims
  • Upper limb claims
  • Back and spinal injury claims
  • Lower limb claims
  • Industrial deafness claims
  • Damaged sight and eye claims
  • Burn injury and scarring claims
  • Industrial disease claims
  • Head and brain injury claims
  • Broken bone claims
  • Chest and rib claims
  • Psychological injuries
  • Serious injury claims

Recoverable expenses in a personal injury claim

It is sometimes the case that when someone suffers from a personal injury, they are unable to work either on a short-term or a long-term basis. This often results in the injured person claiming benefits from the Government. When the accident occurred due to the negligence of a third party, the Department of Work and Pensions (DWP) can claim this money back from the insurers of the negligent party.

The Compensation Recovery Unit is responsible for recovering the benefits that have been paid out by the state.

Duty of care and negligence

The claiming of personal injury compensation revolves around the premise of duty of care and negligence. Essentially, to make a personal injury claim, you must be able to prove that the accused had a duty of care to you and that they have been negligent in providing this.

You must be able to prove that the duty of care was there and that they were negligent, in order for you to make a successful claim. This duty of care can manifest itself in many ways, such as:

  • By other users of the road to be responsible
  • By manufacturers to supply safe products
  • Duty of professional people to their clients
  • By builders to create safe buildings
  • By employers to keep their employees safe

Do I have a case?

In order to decide whether you have a personal injury claim, you must be able to prove that you have an injury and that it has occurred due to the negligence of a third party who had a duty of care towards you.

Speak to one of our experts

If you believe that you might have a case to make a personal injury claim, our team of expert solicitors is waiting for you to get in touch with us.

More information on Personal Injury

More information on Medical Negligence

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Last reviewed on 11/07/23 by Joseph Norton who is an Associate Director and Solicitor