UK PERSONAL INJURY LAW ADVICE

There are strict time limits imposed for claims for compensation for personal injury. You generally have only 3 years within which to make a claim. There are some exceptions in which the limitation period may be extended and time does not start running against a child until they attain the age of 18 years and may never start to run against the mentally disabled.

Personal injury law is a general term used to describe case law and legislation as it relates to accident and injury claims. In order to establish a claim for compensation the plaintiff (the person who has been injured) must establish that the defendant owed them a duty of care; the defendant breached their duty of care and as a result of that breach, the plaintiff has suffered damage, injury or loss.

Overview of personal injury law

Duty of Care

Did the defendant owe a duty of care to the plaintiff?

Standard of Care

What standard of care did the defendant owe the plaintiff? For example, in motor vehicle law the standard to be applied is that of a reasonable driver.

Causation

Did the defendant's breach of duty cause the accident? Causation is essentially a question of fact.

Remoteness of damage

Did the damages occasioned result from the breach of duty of care or from some other cause? In motor vehicle damages cases, damage caused in a previous accident may be wrongfully claimed in a suit for recent damage, and naturally the defendant is not liable for any prior damage if the correct situation is brought out in evidence.

Burden of Proof

Who carries the burden of proof? In a compensation case, the legal burden of proof lies on the party who asserts the proposition. If a plaintiff is suing for personal injury damages, the plaintiff carries the burden of proof- that is, the onus is on the plaintiff to establish their case according to legal principles.

Standard of Proof

The standard of proof generally required in an action is the civil standard of the “balance of probabilities.” For example, in motor vehicle cases, the questions are whether on the balance of probabilities the collision was caused by a breach of duty on the part of the defendant and whether the damages were caused by that breach of duty.

Apportionment of Damage due to Contributory Negligence

If you are partly to blame for your accident, then you may still be entitled to claim compensation, but you will receive a reduced amount.

Damages/Quantum

Compensation that may be awarded includes: General damages (pain and suffering), Economic Loss (loss of income), Out-of-pocket expenses (medical expenses, pharmaceuticals, physiotherapy, chiropractor), gratuitous domestic care.

Here are 3 good reasons to choose our lawyers:

1. Our lawyers will provide you with legal advice on your rights and entitlements to compensation with no further obligation.
2. Our solicitors are specialist accredited expert members of the Law Society personal injury panel with extensive experience in negotiating, settling and litigating accident compensation claims.
3. If you decide to instruct any of our specialists to obtain compensation for you, they will act on a “no win no fee” basis. Compensation is paid in full and win or lose there is no charge.¹