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This information applies to England, Wales and Northern Ireland
What is a personal injury
A personal injury can include, for example, an injury at work or in a traffic accident, an injury received as a result of faulty goods or services, an injury sustained by tripping over paving stones, an injury caused by errors in hospital treatment or one sustained by a victim in the course of a crime. An injury can be physical and/or psychological. A personal injury could result in death.
If you have sustained a personal injury, or if you are acting on behalf of someone who has died because of a personal injury, you may want to consider the following:
- do you want to make a complaint to the person or organisation you believe was responsible for the injuries (see under heading Making a complaint)
- do you want to make a claim for compensation to cover losses you have suffered as a result of the injury (see under heading Compensation)
- are there any immediate financial problems arising because of the injury, for example, you are unable to work (see under heading Financial problems)
- do you want to contact an organisation that could offer support or counselling (see under heading Support and counselling).
Action to be taken
Whatever you are intending to do about your personal injury, actions you could take include:-
- inform the police if, for example, the injury resulted from a road accident
- If the injury was caused by the police, you will need to consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
- if the injury resulted from a road accident, report it to your insurance company. The insurance policy may be invalid if an accident is not reported
- if the injury resulted from an accident at work, you should notify your employer and the accident must be recorded in the accident book. Your employer has a legal responsibility to report the accident to the Health and Safety Executive or the local authority environmental department and can be prosecuted if they fail to do so
- report the injury to your doctor because it could become more serious. You should do this even if the injury seems minor. If you subsequently go to court to get compensation for the injury, the doctor will be asked to provide a medical report
- gather evidence about the accident and injuries. For example, it may be useful to take photographs of the scene of an accident and of what caused the injury. You should also, if possible, write an account of the incident while details are still fresh in your mind. If there are witnesses, you should make a note of their names and addresses.
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Making a complaint
If you have had an accident or suffered an injury you might be able to get an explanation of what went wrong and to receive an apology. In some cases, there may be an official complaints procedure you can use.
One disadvantage of using complaints procedures is that they are often time consuming and the final result will be no more than an apology. If you have suffered a personal injury and you also want compensation, you should be aware that there are time limits for taking legal action (see under heading Taking legal action) and going through a complaints procedure may delay matters.
If you decide that making a complaint will provide a sufficient remedy, you can complain to, for example:-
- a government department
- a local authority
- your employer
- the police
- your school or other educational institution
- your hospital or other National Health Service institution.
If you want more information about how to complain to these types of bodies you should seek specialist advice from an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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Compensation
There are four main ways of getting compensation for a personal injury:-
Amount of compensation
If you have sustained a personal injury you may be able to claim two types of compensation, general damages and special damages.
General damages are paid as compensation for an injury, for example, a payment for pain and suffering or loss of future earnings. The court will decide on the amount to be paid.
Special damages are paid as compensation for actual financial loss caused by the accident up to the date of the hearing. These can include damage to clothing or other belongings, the costs of care, travel costs to hospital, medical expenses (including the cost of private treatment) and the cost of hiring and/or repairing a car if it has been damaged in the accident. You may also be able to claim NHS costs, including ambulance charges.
If a court decides that you were partly to blame for the accident, it may reduce the amount of damages you receive. An example of this would be if you were not wearing a seat belt when you were involved in a traffic accident.
Deduction of social security benefits from compensation
If you have been receiving certain social security benefits because of an accident in which you sustained a personal injury, you may have to pay these back out of any compensation you get.
The rules about deduction from benefits are complex and if you think you may be affected you should seek specialist advice from an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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Claims assessors
If you have sustained a personal injury you may be considering using the services of a claims assessor (sometimes known as a claims manager). Claims assessors offer to take up cases on a ‘no win, no fee’ basis but there may be some disadvantages, including:-
- a claims assessor will not usually be a solicitor and may not have a solicitor taking responsibility for the case. If this is so, the assessor will not be able to claim compensation through the courts and if you have suffered the injury you may receive less compensation
- the claims assessor may ask you to pay a percentage of whatever compensation you receive to the assessor. You should be aware that while paying 50% of £1,000 damages may be acceptable to you, paying 50% of £10,000 may not.
All claims assessors must be authorised by the government to carry out business. They must stick to a strict set of rules which cover how they advertise, take on business, deal with and represent clients.
If you aren't happy with the service you get from a claims assessor, you can make a complaint. They must have an internal complaints procedure which they must tell you about.
Before you use a claims assessor, you should check that they are authorised. You can report a claims assessor who isn't authorised to the Claims Management Regulation Monitoring and Compliance Unit by phone on: 0845 450 6858, or by email at: info@claimsregulation.gov.uk.
To find out more about the rules covering claims assessors and to check whether a claims assessor is authorised, go to www.claimsregulation.gov.uk/consumer.
If you are considering using a claims assessor you should first seek advice from an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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Taking legal action
If you want to take legal action to claim compensation for a personal injury you will need to get advice from a solicitor specialising in these types of cases. This must be done as soon as possible as there are strict time limits on taking legal action (see below).
Time limits
There are different time limits within which you must begin legal action in a personal injury claim. The most common claim in a personal injury case is negligence and the time limit for this is three years. This means that court proceedings must be issued within three years of you first being aware that you have suffered an injury. In some cases, a court may decide to extend this time limit, depending on the circumstances of the case.
If you are considering taking legal action and have not yet been to a solicitor you will need to be aware of the time limits for taking action and should seek help from an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Paying for legal action
Legal action for compensation for a personal injury can be expensive. You may be able to get help with legal costs from, for example:-
- a solicitor or organisation providing publicly-funded legal services
- For more information about publicly-funded legal services, see Help with legal costs.
- a conditional fee agreement (see below)
- a trade union or other membership organisation such as the AA or RAC
- an insurance policy. Many house contents policies, car insurance or travel insurance policies have legal expenses cover attached.
Conditional fee agreement
A conditional fee agreement means that your solicitor will receive no fees if you lose your case. You may, however, have to pay the legal fees and expenses of the other side. Your solicitor will normally ask you to take out insurance to cover this situation. If you win your case, your solicitor's fees and expenses will normally be paid by the other side.
For more information about conditional fee agreements, see Using a solicitor.
If you are considering taking legal action and you have not yet been to a solicitor you may want to seek advice about possible sources of help with legal costs from an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Choosing a solicitor
If you want to take legal action over a personal injury you should consult a solicitor who is a member of the Law Society’s personal injury panel or clinical negligence panel, depending on the nature of the injury. The Law Society can give details of solicitors on these panels and can be contacted at:-
113 Chancery Lane
London
WC2A 1PL
Tel: 020 7242 1222
Fax: 020 7831 0344
Email: info.services@lawsociety.org.uk
Website: www.lawsociety.org.uk
The Law Society of Northern Ireland has a list of solicitors specialising in particular areas. This list can be obtained from:-
The Law Society of Northern Ireland
Law Society House
98 Victoria Street
Belfast
BT1 3JZ
Tel: 028 9023 1614
Fax: 028 9023 2606
Email: info@lawsoc-ni.org
Website: www.lawsoc-ni.org
Association of Personal Injury Lawyers (APIL)
The Association of Personal Injury Lawyers (APIL) is an association of solicitors who are experienced in personal injuries work. APIL can be contacted at:
11 Castle Quay
Nottingham
NG7 1FW
Helpline: 0870 609 1958
Tel: 0115 958 0585
Fax: 0115 958 0885
Email: info@apil.com
Website: www.apil.com
Motor Accident Solicitors Society (MASS)
The Motor Accident Solicitors Society (MASS) is an association of solicitors experienced in dealing with personal injuries resulting from motor accidents. Participating solicitors provide a free initial consultation. MASS can be contacted at:-
54 Baldwin Street
Bristol
BS1 1QW
Tel: 0117 929 2560
Fax: 0117 904 7220
Email: office@mass.org.uk
Website: www.mass.org.uk
Motoring organisation members
If you have sustained an injury as a result of a traffic accident and you are a member of a motoring organisation, for example, the AA or RAC, you may be able to get specialist legal advice through that organisation.
Trade union members
If your injury resulted from an accident at work you should, if you are a member, contact your trade union. The union may instruct solicitors to pursue a claim on your behalf and you will not have to pay for this.
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Criminal Injuries Compensation Authority
If you have been injured as a result of a criminal act you may be able to claim compensation through the Criminal Injuries Compensation Authority (Criminal Injuries Compensation Agency in Northern Ireland). You may have been the direct victim of, for example, an assault or your injury may have been sustained when you were attempting to help the police after a crime had been committed. A close relative of a person who died because of injuries can also make a claim.
You must report the incident to the police at the earliest opportunity and an application must normally be made within two years of the incident. However, in exceptional circumstances, the authority may be willing to extend this limit. An example would be if you are making a claim for abuse you suffered as a child.
A request for compensation must be made on an application form, which can be obtained from:-
Criminal Injuries Compensation Authority
Tay House
300 Bath Street
Glasgow
G2 4LN
Tel: 0141 331 2726/0800 358 3601
Fax: 0141 331 2287
Website: www.cica.gov.uk
The Criminal Injuries Compensation Agency in Northern Ireland
Royston House
34 Upper Queen Street
Belfast
BT1 6FD
Tel: 028 9024 9944
Fax: 028 9024 6956
The details of the crime and injuries that must be entered on the claim form are important and if you are completing the form you may want to consult an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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Criminal compensation orders
A person convicted of a criminal offence may be ordered by the court to pay compensation for an injury, loss or damage they have caused to someone else by committing the offence. If you are the person who has sustained the injury or loss you cannot apply for this yourself, so it is important that you give the prosecution full and accurate information about the injuries and losses to put before the court.
The amount of compensation will depend on what the offender can afford to pay, but the maximum is £5,000.If a criminal compensation order is made, the court will be responsible for making sure the offender pays.
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Financial problems
If you are having financial problems as a result of a personal injury you sustained in, for example, an accident or an incident of violent crime, you may need to consult a specialist money adviser for help with debt and benefits.
You may need financial advice because a member of your family has been injured or killed in an accident or as the result of a crime. You may be able to claim compensation for the loss of financial support.
If you are experiencing financial problems because of a personal injury you or a member of your family has sustained you should consult a specialist adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on the nearest CAB.
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Support and counselling
There are a number of voluntary organisations and schemes that may be able to give support if you have been injured, or your partner, friend or relative has been injured or killed.
Action against Medical Accidents (AvMA)
AvMA can provide information, support and referral to solicitors if you are the victim of a medical accident. AvMA has a panel of medical experts prepared to give independent opinions.
44 High Street
Croydon
CRO 1YB
Helpline: 08451 23 23 52
Fax: 020 8667 9065
Email: admin@avma.org.uk
Website: www.avma.org.uk
Centre for Corporate Accountability and the Work-related Death Advice Service
This is a free and independent advice service to families and friends bereaved as a result of a work-related death. They will help you to make sure that the death is properly investigated and subject to proper scrutiny by the prosecuting bodies. They provide advice in relation to deaths resulting from the activities of both private companies and public bodies, such as local authorities and hospitals.
Fourth Floor,
197/199 City Road
London
EC1V 1JN
Tel: 020 7490 4494
Fax: 020 7490 7191
E-mail: advice@corporateaccountability.org
Website: www.corporateaccountability.org
Disabled Living Foundation
The Disabled Living Foundation gives advice and information about equipment available for people with disabilities.
380-384 Harrow Road
London
W9 2HU
Tel: 020 7289 6111
Helpline: 0845 603 9177 (Mon-Fri 10am-4pm local rate)
Fax: 020 7266 2922
Email: info@dlf.org.uk
Website: www.dlf.org.uk
In Northern Ireland
Regional Disablement Services
Musgrave Park Hospital
Green Park Hospital Trust
Stockman's Lane
Belfast
BT9 7JB
Tel: 028 9066 9501
Fax: 028 9038 2008
Disaster Action
Disaster Action was set up by a group of people affected by major disasters. The group campaigns for changes in the law, and for improved counselling and compensation, as well as giving support to people involved in disasters and their relatives and friends. It can also make referrals to specialists.
PO Box 849
Woking
GU21 8WB
Tel/Fax: 01483 799066
Email: pamela_dix@daction.freeserve.co.uk
Website: www.disasteraction.org.uk
Self-help groups
A number of self-help groups have been set up for people who have been injured by, for example, unsafe medicines.
A list of groups of this kind can be found in the ‘Voluntary Agencies Directory’ a copy of which will be available in the local public reference library or a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Headway – the brain injury association
Headway supports people with brain injuries and their carers. It also campaigns for improvements in health and social care services. It runs a helpline, and can provide a list of solicitors who specialise in brain injury cases.
4 King Edward Court
King Edward Street
Nottingham
NG1 1EW
Helpline: 0808 8002244
Tel: 0115 924 0800
Fax: 0115 958 4446
Email: helpline@headway.org.uk
Website: www.headway.org.uk
Medical Foundation for the Care of Victims of Torture
The Foundation provides medical care, counselling and therapy to people who have suffered an injury as a result of torture. It sets up self-help groups and can examine patients, for example, to provide forensic evidence of torture injuries. The organisation can be of use to people who are applying for asylum.
111 Isledon Road
London
N7 7JW
Tel: 020 7697 7777
Fax: 020 7697 7799
E-mail: info@torturecare.org.uk
Website: www.torturecare.org.uk
MIND (National Association for Mental Health)
MIND promotes the interests of people suffering from mental illness or distress and provides advice and advocacy services.
Granta House
15-19 Broadway
London
E15 EBQ
Tel: 020 8519 2122
Helpline: 0845 766 0163 (Mon-Fri. 9.15am-5.15pm)
Email: contact@mind.org.uk
Website: www.mind.org.uk
NIAMH (Northern Ireland Association for Mental Health)
NIAMH promotes the interests of people suffering from mental illness or distress and provides advice and advocacy services.
Beacon House
80 University Street
Belfast
BT7 1HE
Tel: 028 9032 8474
Fax: 028 9023 4940
Rape organisations
There are a number of organisations offering help and advice to people who have been raped.
A list of groups of this kind can be found in the ‘Voluntary Agencies Directory’ a copy of which will be available in the local public reference library or a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Roadpeace
Roadpeace provides emotional and practical support to anyone bereaved or injured in a road crash. It also promotes public awareness of road dangers, and campaigns for justice for victims.
PO Box 2579
London
NW10 3PW
Tel: 020 8838 5102
Helpline: 0845 4500 355
Fax: 020 8838 5103
E-mail: helpline@roadpeace.org
Website: www.roadpeace.org
Victim Support
Victim Support offers information and support to all victims of crime, except theft of, or from, cars and child abuse in the family. There are local schemes.
Cranmer House
39 Brixton Road
London
SW9 6DZ
Tel: 020 7582 5712
Helplines: 0845 3030 900 (Mon-Fri 9am-9pm; Sat. and Sun 9am-7pm local rate).
Email: contact@victimsupport.org.uk
Website: www.victimsupport.org.uk
Victim Support (Northern Ireland)
Annsgate House
70-74 Ann Street
Belfast
BT1 4EH
Tel: 028 9024 4039
Fax: 028 9031 3838
Women’s Aid
Women’s Aid provides advice, information and sometimes temporary refuge for women and their children who are threatened by mental, emotional or physical violence, harassment or sexual abuse.
England
PO Box 391
Bristol
BS99 7WS
Helpline: 0808 200 0247 (24 hours)
Website: www.womensaid.org.uk
Wales
4 Pound Place
Aberystwyth
SY23 1LX
Helpline: 0808 200 0247 (24 hours)
Website: www.welshwomensaid.org
Northern Ireland
129 University Street
Belfast
BT7 1HP
Helpline: 0800 917 1414 (24 hours)
Website: www.niwaf.org
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