This guide will explore the process of claiming compensation. There are different steps you may need to take depending on the type of claim you are making.
For example, you may be seeking compensation for a child or for delayed flights. Either way, this guide could help you understand when you might be eligible to make a claim and what you could receive should your claim succeed.
For more information, please continue reading. Alternatively, you can get in touch using the contact form.
Select A Section
- The Process Of Claiming Personal Injury Compensation
- What Are The Criteria For Claiming Compensation From A Landlord?
- Claiming Compensation For Delayed Flights
- Claiming Compensation For A Child
- How Much Could I Receive When Claiming Injury Compensation?
- Learn More About Claiming Compensation After An Accident
The Process Of Claiming Personal Injury Compensation
In order to make a personal injury claim, you must demonstrate that negligence occurred. This means:
- Someone owed you a duty of care
- They breached the duty of care they owed you
- You experienced harm, either physically or emotionally as a result.
There are various third parties who may have owed you a duty of care, such as:
- An employer under the Health and Safety at Work etc. Act 1974
- The person in control of a public place under the Occupiers’ Liability Act 1957
- Another road user as per the Road Traffic Act 1988
In instances where this duty of care is breached, claiming compensation for a car accident, workplace accident or public place accident in which you sustained harm could be possible.
To prove the duty of care you were owed was breached and caused you harm, you could gather evidence in the form of CCTV footage or dash cam footage, a copy of an incident report from a workplace accident book, witness contact details or medical records detailing the injuries you sustained.
Another step you could take during the process of claiming personal injury compensation can include seeking legal advice. Our team of advisors can provide free legal advice about your potential claim and the different steps you could take to support your case.
For more information on claiming compensation, get in touch.
What Are The Criteria For Claiming Compensation From A Landlord?
The process of claiming compensation from a landlord may differ depending on the type of claim you make. However, your landlord has a duty of care under certain legislation.
Under the Housing Act 1988, landlords have a responsibility to ensure your home is safe to live in. They are responsible for making several repairs to prevent you from experiencing harm. This can involve addressing issues with:
- Damp and mould
- Water and piping
- The internal or external structure
- Heating
If they have failed to do so and you have experienced harm, you may be able to make a claim. To learn more about claiming compensation from a landlord, get in touch.
Claiming Compensation For Delayed Flights
The Montreal Convention 1999 sets out liability for airlines with regard to death or injury caused to passengers. It also covers delays to flights and damage or loss of baggage.
Under the MC1999, you may be able to seek compensation for delayed flights if you have incurred a financial loss as a result. You should keep evidence of any losses, such as receipts and bank statements.
Claiming Compensation For A Child
If you are looking to make a personal injury claim on behalf of a child, you should be aware of the time limits involved. Generally, there is a three-year time limit to start a claim. However, this is frozen for children under the age of 18.
During this time, an application can be made to the courts to act as a litigation friend and claim on the child’s behalf. A litigation friend must act with the child’s best interests in mind. If the claim succeeds, the child’s compensation will be put into a Court Funds Office account. The litigation friend can apply to access money from the account to be used for the child.
If no claim has been made before the child turns 18, they will have three years from the date of their 18th birthday to begin their own claim.
Learn more about claiming compensation for a child by getting in touch via the live chat feature below.
How Much Could I Receive When Claiming Injury Compensation?
The amount of compensation you could receive when making a personal injury claim could differ depending on the unique circumstances of your claim. However, generally, each settlement may be made up of general damages and special damages.
General damages provide compensation for the way in which your injuries have affected your quality of life. Consideration is also given to the pain and suffering they have caused you. To assign a value to your injuries, solicitors can refer to the Judicial College Guidelines to assist them. This contains guideline compensation brackets that correspond to different injuries all varying in severity.
Although the figures are based on previous court settlements, they should only be used as a guide. This is because solicitors may use other resources such as medical records to help them when valuing the general damages portion of your claim.
| Injury | Severity | Compensation |
|---|---|---|
| Neck Injury | (a) Severe (iii) | £45,470 to £55,990 |
| Back Injury | (b) Moderate (ii) | £12, 510 to £27,760 |
| Head Injury | (d) Less severe | £15,320 to £43,060 |
| Elbow Injury | (c) Moderate or Minor | Up to £12,590 |
| Arm Injury | (a) Less severe | £19,200 to £39,170 |
| Leg Injury | (c) Less serious (i) | £17,960 to £27,760 |
| Foot Injury | (g) Modest | Up to £13,740 |
| Shoulder Injury | (c) Moderate | £7,890 to £12,770 |
| Ankle Injury | (b) Very severe | £50,060 to £69,700 |
| Hand Injury | (g) Less serious | £14,450 to £29,000 |
Special damages provide compensation for the financial losses caused by your injuries. This can include care costs, travel expenses and loss of earnings. Evidence is needed to claim these costs back, such as payslips and receipts.
For more information on the factors that are assessed when seeking compensation, get in touch.
Learn More About Making A Claim After An Accident
We hope this guide has helped. However, we understand you may have questions. If so, you can get in touch via the contact form. They can provide further guidance on claiming accident compensation.
Further Resources
Below, we have provided some helpful resources:
For more information on claiming compensation, please don’t hesitate to get in touch.