What are Personal Injury Claims?
02 November 2017
A personal injury claim is when someone who has been injured in an accident that was not their fault, pursues a claim for compensation. The compensation awarded can include money to recover lost earnings and to pay for medical treatment, rehabilitation support and related expenses.
At Co-op Legal Services most personal injury and medical negligence claims can be funded through a Conditional Fee Agreement, which is commonly known as a No Win No Fee agreement. This agreement details what happens if you win or lose your claim for compensation. If your claim is not successful, there is no financial risk to you as all your legal fees will be covered*.
What is a Personal Injury?
When someone is injured in an accident or incident, they are said to have suffered a ‘personal injury’. If this injury has been caused by another person’s or organisation’s negligence then the injured person has grounds to bring a personal injury claim.
A personal injury can be physical or psychological. So if you’re involved in an accident at work, you might suffer physical injury, such as a broken bone. A physical injury can also be an illness or disease, such as developing cancer due to long term working with asbestos or chemicals. You might also suffer psychological injuries, such as post-traumatic stress disorder (PTSD) or depression.
If you experience such injuries wholly as a result of your own actions, you won’t be legally able to bring a claim for personal injury. This only applies if the injuries have been caused to some degree by the behaviour of another individual, a business or organisation.
Making a Personal Injury Claim
If you have been harmed by something that a third party has done (or something they have failed to do), you are legally entitled to make a personal injury claim. This is a type of civil claim, and if successful will see that you are awarded compensation, and in many cases, funding for medical and rehabilitation support to reflect the injuries you have suffered.
To make a personal injury claim, a Personal Injury Solicitor will have to prove that:
You were owed a duty of care by the individual or organisation at the time of the accident, which means they had a legal obligation to act in a reasonable way so as to protect your safety. You might not realise it, but this notion of a ‘duty of care’ is all around us. Your employer owes you a duty of care, road users owe other roads users a duty of care, local Councils owe the public a duty of care; and medical practitioners owe their patients a duty of care.
This duty of care was breached, meaning the individual or organisation did not meet their legal obligation to act in a reasonable way.
This breach of duty caused you to suffer injuries that you would not have otherwise experienced.
A Co-op Personal Injury Solicitor can confirm whether or not you have the grounds to make a personal injury claim, and whether your claim can be dealt with on a No Win No Fee basis. This service is free of charge.
Common Types of Personal Injury Claims
There are many different types of accident in which you might suffer a personal injury. Most commonly, personal injury claims happen as a result of:
- Work accidents
- Road accidents
- Slips, trips and falls
- Faulty products
- Dog or animal attacks
- Public place accidents
- Medical negligence.
Personal Injury Compensation
The purpose of a personal injury claim is to compensate you for the injuries you have suffered, and to put you back in the financial position you would be in, had it not been for the accident, incident or illness.
So if you have been wrongfully injured, it’s your legal right to be compensated for your losses.
It is part of the Co-op’s ethos and values to provide help and support in enforcing legal rights so as to prevent injustice, and we will always strive to secure the best possible compensation and rehabilitation support for our clients.
*Subject to entering into and complying with the terms of a No Win No Fee Agreement and taking out and complying with the terms of an After The Event insurance policy (when appropriate).