Workplace Accident Claims

There are strict time limits for bringing a personal injury claim in England and Wales. This is called the limitation period.

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the accident or negligence occurred, or the date on which the injured person became aware that there might be grounds to bring a claim (if that date is later).

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where the claim relates to someone’s death, the limitation period is three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact our solicitors as soon as possible.

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

We start by obtaining evidence prove that the accident was caused by negligence.  If the cause of the accident is not clear, we may instruct an accident reconstruction expert to analyse the evidence and visit the accident scene or workplace.

We also calculate the amount of compensation that can be claimed.  We often instruct experienced experts (for example in rehabilitative care) to maximise your level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for your injury) or their insurer.

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

Probably not. The vast majority of personal injury claims are not decided by the Court.

Successful claims are usually resolved by settlement either before or during formal Court proceedings.

Occasionally, the Court will decide a case, if it cannot be resolved any other way.

Compensation should be tailored to meet the needs of the injured person.

The first step is to consider how the injury has affected your life and whether that will change in the future.   We then calculate the amount of funds required to meet your additional needs and compensate you.  Depending upon the circumstances, this may include funds for:

• Private care
• Private therapies and medical treatment
• Prosthetics
• Specialist equipment and vehicles
• Adapted accommodation
• Support with education or work (if that is possible for you)
• Compensation for loss of earnings and pension
• Compensation for losses in self-employment

We regularly use leading experts and barristers to assist in identifying all aspects of an injured person’s needs.

Personal injury claims typically involve detailed investigation and expert evidence. They often take several years to resolve.

Our approach is to seek an admission of liability (i.e. confirmation that negligence occurred and caused injury) as early as possible in the process.

When liability is established, the Defendant usually has to make payment of part of the compensation immediately.  This allows the injured person’s needs to begin to be met while the work to quantify the full amount of compensation continues.

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence and personal injury claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?