Personal Injury Claims
We have expertise in all types of personal injury claims including road traffic accidents, school and workplace injuries, accidents abroad, and military claims
An accident can have a devastating effect, not only on the injured person, but also on those close to them; sometimes changing lives forever. We know how daunting it can be to suddenly have to deal with hospitals, the police, insurance companies, or the courts. We can help you to manage this and support you through the process of bringing a claim to obtain much needed compensation.
Over the years we have acted for adults and children in personal injury cases involving many serious and complex injuries including:
- Brain Injury;
- Spinal Injury;
- Orthopaedic Injuries – e.g. broken legs and arms;
- Amputations;
- Polytrauma/multiple injuries;
- Scarring;
- Blindness;
- Psychiatric Injury including reactive depression and post-traumatic stress disorder
- Trauma from sexual abuse
We frequently achieve multi-million pound settlements for catastrophically injured people. For further information about compensation we have secured for clients who have suffered personal injury, see personal injury cases we have acted in.
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Frequently Asked Questions
Are there time limits for bringing a personal injury claim?
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.
The Courts also have the discretion to extend this time limit in certain circumstances. For example, this might occur in sexual abuse cases where someone has taken a long time to bring a claim.
Other types of claims have different deadlines. For example, claims under the Human Rights Act 1998 should usually be brought within one year of the date of breach of human right(s) or date of knowledge.
It takes time to investigate a claim, so you should contact our solicitors as soon as possible.
Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?
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.
What is the process for bringing a claim?
We start by obtaining evidence such as collision reports, CCTV, risk assessments, material prepared by the police or CPS, witness statements and expert evidence. This is used to 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.
Will my case be decided by the Court?
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.
How is the amount of compensation decided?
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.
I am struggling with the effects of my injury. Will it take a long time before my case is concluded?
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.
Do you offer ‘no win, no fee’ agreements?
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.
Frequently Asked Questions
On 20 October 2021 The Supreme Court of England & Wales ruled that a claim of liability against an international hotel group following a tragic holiday accident could be heard by the High Court.
This decision has significant implications for others who find themselves in similarly difficult circumstances.
You can read more about the case here, and find below the answers to some common questions raised by this ruling.
What is a travel claim, and does the phrase have a precise meaning in law?
There is no precise definition in law, and a travel claim can include everything from reimbursement for the cost of a holiday that is ruined because the accommodation is substandard to serious personal injuries arising as a result of things like car accidents, workplace injuries or clinical negligence in a foreign hospital.
What sort of travel claims do you deal with?
At Kingsley Napley we specialise in only serious personal injury and clinical negligence cases, and the travel cases that we deal with reflect that. As in this particular case where our client suffered serious injury in a road accident in Egypt and her husband was killed.
Can I bring a travel claim if I don’t have travel insurance?
Yes. The claims that we deal with are those where you are suing a third party, so it is their insurance company that has to pay. That said, if you have travel insurance, you may also be entitled to no-fault compensation from your own insurers.
What does this case mean for people who have the misfortune to be killed or injured in foreign accidents?
The Supreme Court’s decision has made it easier for them to bring claims in the English Courts. The rules have always allowed this, but the Defendants, in this case, brought an Appeal which said that the rules had been misapplied in some of the previous cases and that it should in fact be much more difficult to get a claim into the English Courts.
So does that mean that there is a new law?
No. The purpose of the Supreme Court is to have a clearer interpretation of the law as it stands. It has said that if an English person is injured or killed in a foreign accident (outside of the former EU) and suffers physical or financial damage in this country, then the “jurisdictional gateway” will be open to them, and they can bring their claim in the English Courts.
Are there different rules for European and non-European countries?
Yes. The answer to this is complicated, because of the transitional arrangements involving Britain’s departure from the European Union, but in essence, European cases still have different rules. This particular only applies to those arising elsewhere in the world.
If I have an accident abroad, who do I sue?
The simple answer is that you sue the person or company responsible. As with a claim in the UK, you will need to make sure that that person either has the means to pay your compensation or legal costs or has an insurance policy for that purpose. Typically that means that the claim either has to be against a big company, such as a hotel chain, or a driver with full car insurance.
Is it ever possible to bring a claim against an English Travel Company?
Yes it is. For many of us, our holidays are “package holidays of one sort or another, and this means that claims are covered by the Package Travel Regulations of 1992. In essence, these regulations say that if you book a holiday through a package tour company like Thomsons, and something goes wrong on that holiday, you don’t have to worry about suing your hotel, you just sue Thomsons in the UK and their insurers have to meet any claim.
Do I have to check the fine print before I book a holiday?
Yes you should, and when you book a package holiday you will often find that the conditions make it very clear that the UK tour company is simply acting as an agent for a foreign hotel, so it is not a true package holiday and any claim will still have to be against the hotel.
You are a lawyer who deals with travel claims. Has it put you off going on holiday?
No, not at all. I would though advise you to follow some common-sense measures, which are as follows:-
- Wherever possible purchase a “package holiday” from a reputable UK operator.
- Check the terms and conditions to make sure that the package includes flights, accommodation and any activities during the holiday.
- Ensure that your holiday provider is backed by an ABTA guarantee.
- Be wary of finding the cheapest possible deals online, and of booking directly with individuals in other countries, or small companies. If you do, enquire about their insurance arrangements.
- Take out travel insurance, and make sure that it is still valid at the time of your holiday, and that it covers the country and/or activities that you will be taking part in on holiday. Not all insurance policies are the same, and it can be a mistake to go for the cheapest.
- If you are injured whilst on holiday then try to gather as much evidence as possible at the time, or ask a family member to do this on your behalf. For example, take photographs, and make notes of the time and place. You should also report the accident to the local authorities as quickly as possible.
- When you have returned to England you will need to speak to a specialist travel lawyer as soon as possible.
- Although you will be planning to bring a claim in the English Court you should think about whether you might be better to sue in the country in which the accident happened. Therefore, either you or your English lawyer on your behalf will need to check the time limits and any special rules that apply in those countries.