Your questions about claiming answered
We understand how stressful life can be after an accident and we know that the process of claiming compensation can seem daunting. But, if you choose to start your claim with us, we promise that we’ll work hard to keep things as straightforward as possible.
We aim to make sure you know what to expect before starting your claim. With this in mind, we’ve answered some frequently asked questions.
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A personal injury is a term used to describe a physical or psychological injury, illness or disease that has been caused by a third party's negligent behaviour. Personal injuries generally result from accidents that could have been avoided if party’s were diligent in their duty of care.
A personal injury claim is the process of recovering compensation for an accident that wasn’t your fault. More specifically, It's a legal case you can bring if you've been hurt in an accident that was wholly or partially someone else's fault. It's the official process of recovering compensation from the other party responsible.
Read more about the different types of personal injury claims.
If you have been injured in the last three years and it wasn’t your fault, it is highly likely that you are eligible to make a compensation claim.
There are some cases where the eligibility criteria may differ. If you are unsure whether you have a claim, contact our friendly legal team today.
Depending on the circumstances, you may be able to make a claim on behalf of a loved one. For instance, you can claim on behalf of your child if they were injured and under the age of 18.
You may also be able to claim on behalf of an injured person who's suffered head or brain trauma, or someone who has a pre-existing medical condition which means they are unable to make a decision themselves. The Mental Capacity Act 2005 is in place to protect vulnerable parties and help people establish when a person lacks capacity to make their own decision.
If you are claiming on behalf of a loved one, it is important you have all the details of their accident and medical treatment. A personal injury solicitor will be able to take you through this and explain how the compensation claim process works in these situations.
If your loved one has died due to an accident that wasn't their fault, we understand how difficult it can be to cope. While we can't take back what happened, we can help you to claim compensation which may relieve some of the financial pressure you're facing.
The litigation friend doesn't have to be legally-trained. They are usually a parent, guardian, family member, family friend, a carer or a professional - a social worker for example. When the Claimant is a child, the litigation friend is often a parent (as long as there is no apparent conflict of interest preventing them taking up the role).
It's a responsible job: advancing the claim on behalf of the Claimant and acting in their best interests. This includes working with us (the Claimant's legal representation), explaining things to the Claimant, dealing with correspondence, making sure appointments are kept, making any necessary attendances in Court and, most importantly, assessing and then deciding on compensation settlement offers.
If your case needs a litigation friend for the Claimant, let us know and we'll be there to help you.
It’s easy to start a claim with National Accident Law. Simply contact our team to discuss your case. We’ll talk through the details of your injury, accident and recovery. We will get a full understanding of your case and the impact it has had on your life.
Our team of personal injury specialists will then assess whether you have a claim and advise you on what to do next. Don’t worry, we will never pressure you to make a claim. The choice is entirely up to you.
Our expert Team of litigators and personal injury solicitors will answer any further questions you might have and help you to start your claim. They can also provide you with more information about our no win no fee agreement.
You can make a personal injury claim for 'general damages' - this is the injury itself for pain, suffering and loss of amenity - in short, the impact on your life. Your claim also covers financial losses and expenses, including things like:
- Any loss of earnings and future loss of earnings you may have experienced as a result of the accident.
- Medical costs and expenses you may have incurred.
- Damages to personal items.
It's always a good idea to keep a diary recording your experiences after the accident: it provides a useful reference timeline that we can use in support of your claim.
If you have a legitimate claim you can proceed on a no win no fee basis. A no win no fee claim means that there are no upfront costs to pay. Our no win no fee lawyers will take up the case on your behalf and if the claim fails, there's nothing for you to pay providing you have the appropriate insurance in place.
No win no fee means you will only pay your legal team if your claim is successful and you are awarded compensation.
If you win your claim, your solicitor will typically make the following deductions from the compensation you are awarded:
- A ‘success fee' for winning the claim.
- The other side will usually be required to make a payment towards your legal costs and expenses but any shortfall may also be deducted from your compensation.
- The cost of the premium for any legal protection insurance you may have needed to ensure your claim is risk free.
You keep the rest and this will always be the majority of the compensation awarded to you. The deductions we list above will only be made when your compensation is paid. There are no upfront costs and no hidden charges.
When you talk to one of our personal injury experts, we can determine if you have the right cover and help you organise insurance before you make a claim.
All you need to do is tell us the insurer's name and the policy number.
The insurance covers you against the risk of having to pay the other side's costs and your own disbursements. We arrange this cover for you in advance of the claim as part of your fee agreement with us. You make no up-front payment.
If your claim wins, we automatically deduct the legal protection insurance premium from your final settlement. If your claim fails, you pay nothing.
Every claim we handle is different and that makes it hard for us to say how long your compensation claim might take. However, the bulk of the claims we handle are relatively short in duration.
In simpler cases where fault is clear and undeniable, the claim may be settled quickly, and even disputed claims can be negotiated to a settlement in approximately 12 months.
However, if you've suffered a serious or life-changing injury then your compensation claim may take longer. This is because we need to understand its full impact and make sure your future rehab or treatment costs are adequately covered.
You can rest assured that we will stay in touch with you throughout the process so that you'll always know how things are progressing.
Yes, there is a time limit for making an injury claim. Under most circumstances, you will have three years from the date of the accident to make a compensation claim.
In most circumstances for adults who were 18 years old or over at the time, it's essential that proceedings are issued within three years of the accident or incident date. In cases where the injured person was under 18 years of age when the accident or incident occurred, the three-year period expires on their 21st birthday.
If you don't issue your claim within those time limits, you won't usually be able to proceed. This is called being 'time-barred'. Extensions to the time limits are only available in exceptional circumstances and we can talk you through these if they're relevant to your claim.
There are a few exceptions to the three-year time limit. You personal injury lawyer will advise you on these if they apply to your case.
Typical exceptions include:
- If you were injured as a child, you will have three years to claim from your 18th birthday. However, if a parent or legal guardian has claimed for you, you will not be able to claim for the same accident of our personal injury solicitors about your case to determine your eligibility to claim.
- There’s no upper time limit if you’re claiming for someone who, for whatever reason, lacks the mental ability to make a dental negligence claim themselves.
In cases where the injured person was under 18 years of age when the accident or incident occurred, the three-year period expires on their 21st birthday.
If you don't issue your claim within those time limits, you won't usually be able to proceed. This is called being 'time-barred'. Extensions to the time limits are only available in exceptional circumstances and we can talk you though these if they're relevant to your claim.
Compensation is made up of several categories of loss. The amount you receive in a successful claim - and how long it takes - depends on your injury or illness, its severity and effect on your life. When you make a claim with us, your solicitor will consider the full impact of what you have suffered. It's important you're properly compensated and that your rights are protected.
Your lawyer will likely include the following damages in your claim:
- Loss of earnings
- Loss of future income
- Time off work
- The effect on your ability to work
- The cost of repairing or replacing damaged possessions
- Any medical or care costs you’ve paid for already
- Transport to and from treatment you’ve received
- The costs of medically needed adaptations to your home and transport
You won't have an accurate idea of the potential settlement amount until your solicitor has started negotiating your claim.
Unfortunately, there is no straightforward answer to how much compensation you might receive.
If your claim is successful, your compensation award will depend on the type and severity of your injuries. It will also take into consideration your costs to date and any potential future costs that relate to your accident.
We negotiate your compensation with the party responsible for your accident and until those negotiations start, we don't know what your final figure might be. There's no need for you to worry, though. At National Accident Law, our firm of no win no fee solicitors are skilled and experienced. You can be confident you're in safe hands when it comes to negotiating your compensation amount.
If you'd like further guidance on how much your claim could be worth, check the table below. It gives you guide information on typical amounts paid out for injuries of all types and severities.
| Injury | Guide Amount |
|---|---|
| Head injury | £1,760 - £322,060 |
| Facial injury | £1,360 - £322,060 |
| Mild tinnitus to total deafness | £10,040 - £87,410 |
| Whiplash | £300 - £6,290 (with recovery in 1-2 years) |
| Moderate shoulder injury | £6,290 - £10,180 |
| Back injury causing permanent symptoms | £9,970 - £22,130 |
| Hip or pelvis injury | £3,150 - £104,370 |
| Fractured forearm | £5,280 - £15,300 |
| Wrist injury | £2,810 - £47,720 |
| Hernia | £2,710 - £19,260 |
| Ankle injury | £10,960 - £55,560 |
| Post-Traumatic Stress Disorder | £3,150 - £80,250 |
For reference, we use the 15th edition of the Judicial College Guidelines on Personal Injury to assess potential compensation awards. However, we cannot guarantee an award amount.
In cases involving very serious or catastrophic injury that have gone to Court, the Judge can rule that the compensation is paid in a continuous series of regular payments if it's in the best care interests of the Claimant.
In general, no one person is responsible for paying for your compensation. Typically, it will be awarded via insurance.
For example, if you were injured at work, your employer’s liability insurance would cover the compensation cost.
When you talk to our solicitors, we can help assess who was to blame for your accident and advise how your compensation award may be paid.
The Court Funds Office releases the money after the child's 18th birthday - but small amounts can be paid out if a Judge believes it to be in the child's best interests.
No win no fee personal injury solicitors only get paid by you if your case is successful. Under a no win no fee agreement, your solicitor will state the percentage of your award amount that will be paid to them before you completely agree to go further with your case.
If your case is unsuccessful, you will not have to pay any of the legal fees associated with your case. However, you must have insurance in place that will cover this and your lawyers will then be paid via your insurance company.
At National Accident Law, we have over 26 years’ experience in personal injury compensation claims. We are regulated by the Solicitors Regulation Authority, ensuring we adhere to the highest legal standards.
Yes. In fact, the majority of our compensation claims are made under a no win no fee agreement.
Yes. If you have suffered an injury at work due to your employer’s negligence, you can make a claim against them. You've already been through enough if you've suffered a workplace accident, which is why we make the claims process as hassle-free as possible. We understand that making an accident at work claim may seem daunting but our expert, friendly team are on hand to guide you through without any obligation to go ahead if you choose not to.
Employers have a duty of care to their staff under UK employment law and health and safety regulations. If your accident or injury wasn't your fault and you have suffered as a result of a workplace accident, you could be eligible to make a claim. Get in contact with our friendly team today.
If you were injured as a contractor or self-employed worker on a job, and it was not your fault, you could still make a claim for compensation. Self-employed contractors hired by a third-party business have the same health and safety protections as employees. Many sectors employ contractors. It's a common practice in areas like construction, financial services, retail, healthcare and information technology.
UK Employment Law is clear here: no. You cannot be sacked, singled out or penalised for making a personal injury claim against them. They have a legal duty of care to provide you with a safe working environment and proper training and protection. If they breach that duty and you're hurt as a result, you can make a claim against them with no change to the employer-employee relationship.
However, we understand that you may be wary of suing your employer and potentially harming relations. Our team have years of experience helping people win the compensation they deserve. We'll give you the free, impartial and confidential advice you need to explore a personal injury at work claim. In your own time and at your own pace. No rush. No pressure. No problem.
- If your employer tries to dismiss you for bringing – or thinking about bringing – a personal injury claim against the business, you may have a case for unfair dismissal.
- If your employer makes your life at work so miserable that relations break down and you resign as a result, you may have a case for constructive dismissal.
- If you find yourself considering a personal injury claim against a business where you still work, remember: The law is on your side where there's been a provable breach in the employer's duty of care.
- You can raise a claim retrospectively for an accident that took place up to three years ago at a firm where you no longer work.
- Even if the firm where you worked has been dissolved and is no longer trading, we can apply to have it restored to the Register of Companies so that a claim can be made.
That's fine: not taking time off doesn't affect your right to make a claim in any way.
In a compensation claim case, the 'paper trail' is important and your Doctor will log the injury and the likely cause on your medical records.
Always carried out by an independent medical professional, our assessment focuses on the physical and (any) psychological damage caused by the injury.
While you won't be able to choose who examines you, you will be able to choose a location for the examination that's most convenient for you.
When submitting your compensation claim, your personal injury solicitor will assess all areas of your life that have been affected by your injury. Our team will take into account:
- The seriousness of your workplace injury and how it's affected your life in the short and long term
- The financial impact, especially if you've lost income or been forced to take time off work
- The impact on your mental health
- Any changes to your home and social life
Our personal injury solicitors are dedicated to getting you the compensation you deserve. If your claim is successful, your settlement award could cover present and future loss of earnings, medical costs, adaptations to your lifestyle and more.
For more information about what your compensation could cover, contact our team today.
We don’t believe that you should endure the financial impact of your injury through no fault of your own. A personal injury can have far-reaching effects on you and your loved ones.
Making a claim for compensation can help you get your life back on track after an accident. If you have suffered due to someone else’s negligent behaviour, talk to our team of personal injury lawyers about starting a claim today.
If you have been unfortunate enough to endure another personal injury, you could be eligible to make a new claim for compensation for your new injury. However, you cannot claim for the same injury twice.
We need the reference number from this search in order to submit a claim for a road traffic accident via the government’s claim system on the internet.
With a no win no fee agreement, we are only paid if we win your claim. You can drop your claim at no charge within 14 days. Beyond this point, you'll be responsible for our total costs.
The CNF is the formal document we use to lodge the claim on your behalf and is normally assessed by the Defendant's insurance company. We use it for road traffic, work-related or public liability (normally trips, slips or similar) accident claims up to £25,000 in compensation value.
We'll work with you to make sure the claim details on it are absolutely accurate and then look after everything for you when we're ready to submit it.
Determining who was at fault will depend on where your accident happened. For example, accidents at work would be the fault of your employer; accidents on the road might be the fault of another driver, and accidents in public spaces would be the responsibility of the local council.
Once you have discussed the details of your case with one of our lawyers, they will be able to help you determine who was at fault for your accident.
Yes, absolutely. If you're injured in a road accident as a driver, rider, passenger, cyclist or pedestrian, always report it to the police as soon as you can (and your motor insurance company if you were the driver or rider).
Make sure you also report it to your GP (particularly if you needed a visit to A&E). For injuries from trips, slips and falls in public, make sure you see your GP and inform the body responsible in writing - this could be the local council, a local business, a property landlord or even your employer. If it's a claim for historical injuries then there's no need to report it to the police.
As soon as is practical, start recording the evidence. Take several good quality close-up photographs of your injuries from different angles, especially if they're to the face. Remember to photograph the scene of the incident too: get pictures of the defect, hazard or road layout and also images of the wider area that show its state of repair.
Don't forget to check if there's a CCTV camera in range - if there's footage, it could be invaluable for supporting your case. Should you be incapacitated by the accident, ask a trusted friend or family member to take care of the notifications, photography and evidence-gathering for you. Finally, give us a call on 0800 917 0490 to chat through what happened.
We're here to help.
- The injuries, the general location and exact spot where the accident happened.
- The defect that caused the accident if it was a trip, slip or fall (for example, a broken kerb, raised pavement or poor lighting).
- The road layout (and any defects) if it was a road traffic accident for a driver, motorcycle/moped rider, passenger or pedestrian.
Good quality, pin-sharp ones please - and the more the better! Quality photographic evidence is a really important way of illustrating the cause of your accident and the injuries you have sustained. The pictures will then form a key part of the evidence we present should we take your claim forward. Generally speaking, we'll need the following photographic evidence from you:
- Images of your injuries (including close-ups, particularly for facial wounds), spread over a few days if possible so we can see how you're healing.
- The general location and exact spot where the accident happened.
- The defect or hazard that caused the accident if it was a trip, slip or fall (for example, a broken kerb, raised pavement or poor lighting).
- The road layout (and any defects) if it was a road traffic accident for a driver, motorcycle/moped rider, passenger or pedestrian.
Getting the pictures to us is easy. When you've opened MyAccount - our secure online area for all your claim documentation - you'll find detailed photography guidelines. After you've taken the pictures, you simply upload them for us to view and check.
The other side is obliged to this so that the DWP can identify if there are any benefits charges that could be recovered. Second, it’s a requirement to provide your NI number on the claims notification form (called a CNF). The CNF is the document we use to begin a claim in most instances.
Once in Court, the specialist lawyer or barrister we appoint to represent you will take care of all the legal business. However, the Judge will need you to run through the details of your claim to assess the impact of the incident on your life. The other side's barrister may also want to ask your questions. We'll prepare you fully so you're comfortable and confident.
- The two sides can’t agree on liability, the level of compensation, or both.
- The other side can’t be reached or has refused to engage with the claims process.
- Hear your account of the accident and understand the extent of the injuries you suffered.
- Assess liability (who’s to blame) and the level of compensation that should be awarded for injury and losses.
- 50/50 when both parties share equal liability.
- 75/25 (or two-thirds/one third) when the Claimant bears a lesser share of liability.
- 25/75 (or one third/two-thirds) when the Claimant bears a greater share of liability.
- Seek medical attention for all injuries straightaway.
- Report the incident to the police and your insurance company without delay - with the other driver's car registration number if you were able to get it.
- If you have a dashcam, check the footage to see if it captured useful evidence like the other party's registration number, car type or driver identity.
- Check with Highways England to see if they have CCTV coverage in range of the incident location.
- Email them at info@highwaysengland.co.uk, marking your request 'Urgent CCTV Request' and include precise location details - or call them on 0300 123 5000.
- They only store footage for five days so don't leave it too late.
- Call us - register your claim and open MyAccount with us.
- We'll make contact with the MIB on your behalf and report back to you.
- Collect as much good quality photographic evidence as you (or a friend on your behalf) can: