Can I Sue Someone For A Personal Injury?

Have you recently been involved in a road traffic accident, accident at work or in a public place? If so, you may be wondering ‘Can I sue someone for a personal injury?’. This guide on personal injury claims may be helpful to you.

Can I sue someone for a personal injury?

Can I sue someone for a personal injury?

To help you understand whether you may be eligible to make a personal injury claim, we will explain the requirements needed to seek compensation.

Additionally, we will share some examples of personal injuries that you could sustain in different accidents and how the accidents could occur.

Furthermore, our panel of solicitors may be able to help you by offering a No Win No Fee service. We will discuss this in more detail later in our guide.

Please continue reading for more information. Alternatively, if you would like to talk to someone about your specific case, why not call our advisors today. They are available to help you with your questions.

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  1. Can I Sue Someone For A Personal Injury?
  2. Examples Of Personal Injuries
  3. How Do I Make A Personal Injury Claim?
  4. Calculating Compensation For A Personal Injury Claim
  5. Could I Claim Using A No Win No Fee Agreement?
  6. Learn More – Can I Sue Someone For A Personal Injury?

Can I Sue Someone For A Personal Injury?

You can make a personal injury claim if you have suffered an injury in an accident that was caused by a third party’s negligence.

This could be a slip, trip or fall accident in a public space. It could also be an injury acquired in a road traffic accident. Additionally, it includes injuries sustained in an accident at work.

However, no matter where you suffered harm, you must prove that someone breached the duty of care they owed you and because of this, you were injured. This is known as negligence. If the person who owed you a duty of care can prove they were not liable for the accident, you won’t be able to make a claim.

If you have been involved in an accident and are wondering, ‘Can I sue someone for a personal injury?’ contact one of our advisors today for some free legal advice.

Examples Of Personal Injuries

There are various third parties who could owe you a duty of care. We have explore this further in the following sections.

Public Place Accidents

Any person or party in control of a public area (e.g. parks, footpaths, roads etc.) must do all they reasonably can to eliminate the risk of hazards to keep members of the public safe. This duty of care is set out in the Occupiers’ Liability Act 1957 (OLA).

There are different responsibilities they have as part of their duty of care, including carrying out regular risk assessments and addressing any hazards they become aware of in a reasonable amount of time.

An example of how an accident could occur in a public place can include:

  • You suffer a slip or trip accident on a footpath due to your local council not fixing a raised paving tile that they were aware of. You then sustain a broken ankle injury.
Road Traffic Accidents

As a road user, it is your responsibility to use the roads safely to avoid accidents, regardless of whether you are a driver, cyclist or pedestrian.

The duty of care road users have is laid out in the Road Traffic Act 1998. Additionally, they must follow guidance and rules outlined in the Highway Code.

If you or another road user behaved recklessly on the road, this could cause an accident. For example:

  • You are a motorcycle rider following the rules of the road. A car driver makes an illegal move at a roundabout, and they crash into you. You then obtain a broken forearm and suffer from a concussion.
Accidents At Work

The Health and Safety at Work etc. Act 1974 (HASAWA) states that your employer must do all that they reasonably can to keep you safe whilst you are performing work-related duties and in the workplace.

They can do this by taking reasonable steps such as performing risk assessments, ensuring the work floor is clear of clutter and performing regular maintenance checks on equipment.

An example of how your employer’s negligence could cause you to sustain harm in an accident at work includes:

  • You work in an office, and your employer hasn’t ensured that the wires connected to all the computers are properly tied down and covered. You trip on one of these wires and suffer a broken foot injury.

Remember, no matter where or what type of accident you were injured in, you must prove that you were injured due to someone else’s breach of duty.

If you’re still asking yourself, ‘Can I sue someone for a personal injury?’, speak with us today.

How Do I Make A Personal Injury Claim?

There is certain evidence you can collect to help demonstrate that negligence occurred. These are:

  • CCTV footage and photographs of the accident.
  • Dashcam footage (if applicable).
  • Witness contact details.
  • Accident report book (if applicable).
  • Police report (if applicable).
  • Medical report stating your injuries and any treatments.

Additionally, if you are wondering, ‘Can I sue someone for a personal injury?’ you may want to receive some legal advice. If so, get in touch with our advisors on the number above. They can provide free legal advice on your potential claim.

Calculating Compensation For A Personal Injury Claim

When making a personal injury claim, you may wonder how your settlement will be divided.

Any physical and mental suffering that has negatively affected your quality of life due to your injuries could be compensated via general damages.

We have created a compensation table for various injuries by using the figures provided in the 16th edition of the Judicial College Guidelines (JCG). We have referenced the JCG for this table as it is a document many legal professionals use to help value the general damages portion of claims.

However, you should only use these figures as a guide, as how much you could receive in compensation will depend on your specific claim.

InjuryGuideline Compensation Amount
Brain Damage - (b) Moderately Severe£219,070 - £282,010
Brain Damage - (d) Less Severe£15,320 - £43,060
Foot Injuries - (b) - Amputation£83,960 - £109,650
Foot Injuries - (g) ModestUp to £13,740
Other Arm Injuries - (b) - Serious Fracture£39,170 - £59,860
Other Arm Injuries - (c)£19,200 - £39,170
Ankle Injuries - (c) Moderate£13,740 - £26,590
Ankle Injuries - (d) ModestUp to £13,740
Wrist Injuries - (c) Less Severe£12,590 - £24,500
Wrist Injuries - (d) Soft Tissue Injury£6,080 - £10,350

Additionally, special damages could compensate for any financial losses you have accrued or may accrue in the future due to your injury.

For example, you have had to pay for your home to be adapted due to the extent of your injuries, the cost of these adaptations could be compensated under special damages. You will need to provide evidence, such as bank statements and invoices.

Could I Claim Using A No Win No Fee Agreement?

A Conditional Fee Agreement, which is one kind of a No Win No Fee agreement, could benefit you if you decide to pursue your personal injury claim with legal representation.

You and your solicitor agree that you will not have to pay them for their services if the claim fails. If your claim succeeds, they will take a small amount from your compensation as their payment. This is known as a success fee, which is a legally capped percentage.

Speak to our advisors today about the No Win No Fee service our panel of solicitors could offer.

Ask Us “Can I Sue Someone For A Personal Injury?”

If you are still asking yourself, ‘Can I sue someone for a personal injury?’ after finishing this guide, you can speak with our advisors today. Our friendly team is here to help you 24/7 by answering any questions you may have about your potential claim. To get in touch:

Learn More – Can I Sue Someone For A Personal Injury?

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We hope our guide exploring the question ‘Can I sue someone for a personal injury?’ has helped. However, if you have any other questions, please call on the number above.

Article by ROB

Edited by MIT