A guide to claiming for personal injury

If you’ve been injured on the roads, at work, in a public place or on holiday, you could be entitled to making a personal injury claim for damages.

Our personal injury damages guidelines will help you to understand what personal injury damages are, how personal injury settlements work and how much a personal injury claim is worth. Read on to find out more.

What is personal injury?

Personal injury is the term used to refer to physical or psychological injury or illness that has been caused by the negligence of another party. The term covers a wide range of injuries from cuts through to serious life-changing injuries. A personal injury can be caused by accidents at work, road traffic collisions, accidents in public places, exposure to harmful substances or medical negligence.

A personal injury claim is the formal process in which the injured party seeks to recover financial compensation from the party they consider to be at fault.

What evidence do I need to bring a personal injury claim?

It will be necessary for your solicitor to prove that your injury, illness or disease was caused by the fault of another party. To assist with this, we would advise that you report your accident as soon as possible to the appropriate individual or department. In addition, you should take the details of any witnesses to the accident.

Are there any time limits for bringing a personal injury claim?

A personal injury claim must be made within three years from the date of the accident or injury occurring or from the date of the diagnosis. There are a few exceptions to the rule, however, we recommend seeking legal advice as soon as possible after your injury if you wish to make a claim for compensation.

How long will a personal injury claim take to conclude?

If your personal injury claim is straightforward, it could be resolved within a matter of months. However, each case is different and the time it takes to resolve a claim will depend on a number of variables, such as whether the party alleged to be at fault accepts responsibility, the nature and extent of the injuries suffered, whether the claimant has fully recovered or whether further treatment such as surgery is required and whether the claimant has been able to return to work. 

Will I be able to claim for loss of earnings?

Compensation in personal injury claims is divided into two types. General damages refers to compensation for injury, pain and suffering. Special damages refers to financial loss such as loss of earnings arising from such injury. In order to claim for financial loss, you will have to prove that your loss of earnings is as a direct result of the injury, illness or disease.

How are personal injury claims calculated?

The calculation of the amount of compensation recoverable in personal injury claims is complicated as each case is unique. The severity of the injury or illness, the prognosis, the effect on the individual’s everyday life and the extent of any financial loss will all determine how much compensation will be payable.

Are personal injury claims taxable?

Personal injury compensation is not taxable. Personal injury damages that include compensation for pain and suffering, loss of earnings and medical bills are tax-free.

Making a personal injury claim with Thompsons NI

At Thompsons NI we are proud to stand up for those injured through no fault of their own. Our team of specialist personal injury solicitors have decades of experience in representing and securing compensation for injured individuals. We are committed to securing the maximum compensation in the shortest time possible and will support and guide you through the claims process.

If you have been injured or developed an illness or disease and you consider that someone else may be to blame, please contact either Oonagh McClure or Joanne Kerr of our office on 02890 890450 for free, no-obligation advice. Alternatively, take a look at our personal injuries page for the support we can offer.