Personal Injury Claims
Published: 9th June 2016
One of the most common enquiries we get at Liddy’s solicitors is ‘what exactly constitutes grounds for a personal injury claim?’ We thought we would throw together the below as a rough guide. Of some of the basics of a personal injury or medical negligence claim.
If a person, a company or the state does something negligent which causes a person physical or mental harm, that person is entitled to ask a court to award damages. Claiming compensation can take anywhere from 6 months to a number of years. If the defendant accepts that they were at fault and the 2 sides can agree the level of damages that should be paid, the case can settle out of court quickly. If however, the defendant does not accept blame, or there is a dispute about the amount of damages that should be paid, the case may have to go to court. Typically less than 1 in 100 cases goes to court though.
There is in fact a fast track scheme in place for cases where the value of the claim is between £1,000 and £25,000. Those cases very often settle within 6 months. If the case has a higher value, or is complex, for example where it involves medical negligence (also called clinical negligence), the case is more likely to go to court and will can take more than 18 months.
How much damages a person is entitled to depends entirely on their losses. If the injury is not serious and its value is less than £1,000, it may be difficult to pursue the claim. The value of injuries is based upon what past Judges have awarded. Those judgements have been saved over the decades and have built up in to a database of valuations. This database is summarised in a small book which every district judge in the country has, which is called the JSB Guidelines.
The biggest question however is: are you entitled to damages?
Obviously you have to have been injured in some way, but whether it is your own fault or somebody else’s is often a matter of perspective, and can be difficult for you to summarise. This is why it is always best to pick up the phone and call an experienced personal injury and medical negligence solicitor like Liddy’s. After a quick phone call out experienced team will be able to tell you whether you have grounds for a claim or not, and then proceed with making a claim.
So if you are unsure, just give us a call on 01226 731 314 or contact us here.