A claim for personal injury will only succeed if the accident or cause of the injury is someone else’s fault and as a result of negligence or breach of duty owed to the victim. In other words, blame has to attach to someone else for a claim to succeed.
Quick Guide:If you answer yes to the following questions then you possibly do have a claim. Fill out the “Get in Touch” form at the side of this page and a member of the personal injury team will contact you to discuss your situation further
- Have you had an accident in the last 3 years?
- Was the accident someone else’s fault?
- Were you injured or did you lose earnings as a result of the accident?
- Did the effects of your injury last for more than a few weeks?
Can I claim on behalf of someone else? If you are over 18 years of age and have mental capacity then you have to make the claim yourself. However it is possible for you to ask your solicitor to discuss your case with and take instructions from a trusted friend or relative if that is what you would prefer.
If you lack mental capacity, perhaps because you have sustained a severe brain injury, then a litigation friend can be appointed to represent you. A litigation friend can also be appointed to represent a child under the age of 18. The litigation friend is usually appointed through a relative or close friend approaching a solicitor.
For example, a mother may visit her solicitor to discuss a possible personal injury case on behalf of her son or daughter. The mother and the solicitor agree consensually that the mother will act as the litigation friend. A litigation friend can also be appointed by the Court.
It is also possible for the next of kin of a deceased victim to raise a claim on behalf of the deceased or on behalf of the deceased’s estate. This is usually a claim under the Fatal Accidents Act 1976.
How long have I got to make a claim? In simple terms you have three years from the date of the accident or injury or from the date of knowledge of significant injury and what caused it.
This is different for children where the time limit is three years from the age of majority at 18, even if they are represented by a litigation friend.
There are other instances when the time limit may be different; for example, if you have been the victim of an assault or other trespass to the person then the time limit is six years. For more information on time limits click here.