Making a personal injury claim after a non fault

Personal injury compensation can be claimed if you have been injured in an accident caused by another person. You have three years from the date of the accident (or the date on which you became aware of you injuries) in which to make a claim.

A claim can be made against a person, an employer, a company, or other body. To make a successful claim you will need to prove:

An individual or organisation had a duty of care for your welfare

They were negligent in that duty (in something they did or didn’t do)

You were injured as a result

If you have suffered a personal injury in any type of accident that you believe was someone else’s fault, call us now on 0800 197 32 32 for free legal advice about pursuing a compensation claim.

If you then decide you wish to pursue a claim, we will work for you on a no win, no fee basis and ensure you are fully protected from all costs and legal fees, win or lose. You will receive all of your compensation, without any deductions. See No win, no fee for more information.

A recent personal injury compensation claim
The claimant was making his usual journey home from work in his car on in July 2000. As he entered Turn Furlong Road, he was aware of a Rover motorcar travelling close behind him.

He pulled over in order to allow the vehicle to overtake but instead the driver of the other vehicle pulled up behind the claimant. The claimant got out of his vehicle and so did the other driver. The other driver was very rude and aggressive and racially abusive.

When he returned to his vehicle (which was a company car) to drive away he drove into the claimant’s vehicle. The claimant fell onto the bonnet of the vehicle and then fell to the ground. The claimant called the police to report the incident.

The claimant attended his GP who advised him to attend the nearby hospital. Upon attending the hospital the claimant was informed he had pulled ligaments in his left knee. He was advised to take painkillers and to rest. On returning to hospital, the claimant’s knee was x-rayed and the claimant was advised he would require physiotherapy treatment. Due to ongoing symptoms, an MRI scan was performed.

The claimant took out After The Event Legal Expenses Insurance to protect himself from any costs and legal fee and initially instructed another firm of solicitors before contacting The Claim Solicitors.

A Letter of Claim was sent to the driver of the defendant’s vehicle in February 2001.

Liability was admitted by the defendant in February 2001 and The Claim Solicitors took over the conduct of the matter in August 2001, on a no win, no fee basis.

GP and hospital notes and x-rays were obtained and a consultant orthopaedic surgeon was instructed to prepare a report. The medical report recommended the claimant undergo an MRI scan and an arthroscopy.

Details with regards to the termination on the claimant’s employment were obtained in order to consider whether the termination related to the claim. The claimant had set up a chauffeuring business with two others and due to his knee injury was unable to work and therefore had to pull out of the business. Details with regard to loss of earnings were also obtained and a Schedule of Special Damage was prepared and disclosed.

The cost of the MRI scan was paid by the defendant. The expert consultant orthopaedic surgeon considered that the claimant would require an arthroscopy in any event and therefore the defendant was asked to fund the cost of this.

A consultant psychiatrist was instructed to prepare a report in relation to the claimant’s psychological symptoms.

Due to the expiry of the 3 year limitation period, a barrister was instructed to settle Particulars of Claim and proceedings were issued.

Details were obtained from the police with regard to the prosecution of the driver of the defendant’s vehicle.

A part 36 offer was put forward by the defendant on in November 2003 in the sum of £10,500.

A Defence was filed and Allocation Questionnaires were filed on behalf of both parties.

Following the claimant’s treatment a further updated medical report was obtained from the consultant orthopaedic surgeon. The consultant stated that until the claimant recovered completely from ongoing treatment he would be unable to give a final prognosis and suggested the claimant be re-examined in a year’s time.

The consultant psychiatrist was instructed to prepare an updated report in July 2004.

Updated physiotherapy notes were obtained and the consultant orthopaedic surgeon was asked to advise as to whether he thought further surgery was required to the front of the knee to correct the ligament.

Thereafter counsel was instructed to advise with regard to quantum and an offer of £14,750 was put forward by the defendant in a telephone conversation of in October 2004. A further Part 36 Offer was forwarded by the defendant in April 2005 in the sum of £18,000 which was accepted by the claimant, in full and final settlement of his personal injury compensation claim.

We can help you make a personal injury compensation claim
If you have been injured in any type of accident which was not your fault, such as a car accident, accident at work, horse riding accident, motorcycle accident, scaffolding accident, or dog bite, call us now on 0800 197 32 32 for free legal advice and assistance making a personal injury compensation claim.