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If you or a loved one suffered an injury in an accident that was not your fault, you might be entitled to compensation for the pain, suffering and financial losses you incurred. The simplest way to find out whether you could claim is to have a free consultation with a trained legal adviser by calling free on 0800 032 3660 or requesting a call back.

Generally speaking, you should be able to make a personal injury claim if:

• You had an accident within the last three years

The three-year time limit to claim usually begins when you become aware of your illness or injury. Usually, this is the date when an accident occurred. However, some illnesses or injuries can take weeks, months or even years to be diagnosed. This is often the case with industrial diseases such as mesothelioma, which can develop many years after the initial exposure to asbestos.

It is usually best to seek legal advice as soon as possible following an accident. This will make it easier for your solicitor to gather the evidence needed to build a strong and successful personal injury claim.

• You suffered a personal injury as a result of the accident

In every claim, you can recover damages for your pain, suffering and any financial losses related to your accident. You will need relevant evidence to support your compensation claim, such as medical records, photographs of the accident scene and your injuries, and receipts for all the financial losses you incurred.

• Another person or entity was entirely or partially responsible for your injury

To have a valid personal injury claim, another party must be at least partially responsible for the accident you suffered. Although it is not always easy to assign liability, collecting all of the available evidence to support your claim can undoubtedly help. If your circumstances are complicated, your solicitor will work with expert witnesses and other specialists to help establish what led to your injuries.

• The other party owed you a duty of care

As a general rule, people should not behave in a way that endangers the safety or well-being of others. Many pieces of legislation cover the specific responsibilities of others towards your health and safety, such as:

• The Road Traffic Act 1988
• The Health and Safety at Work etc. Act 1974
• The Occupiers' Liability Act 1957
• The Fatal Accidents Act 1976

If you have a valid claim, your solicitor will refer to the relevant legislation to prove that the other party breached their duty of care towards you and is liable to pay you compensation.

Having an accident can be very distressing and impact your work and daily activities. Suffering an injury due to someone else's negligence can be even more upsetting and might entitle you to compensation. There are many different types of accidents that could result in a personal injury claim, and some of the most common are:

Road traffic accidents

Every road user must act according to the Road Traffic Act 1988 and not engage in dangerous behaviour that might put others at risk of injury. In the UK, someone is killed or severely injured in a road accident every 16 minutes. Vulnerable road users such as pedestrians, cyclists and motorcycle riders are most at risk of serious and fatal injuries.

Work Accidents

In 2021/2022, 123 workers were killed in a work-related accident in Great Britain, and hundreds of thousands of people suffered non-fatal injuries. Employers have a duty to take all reasonable measures to protect the health and safety of employees. Failure to comply with the health and safety legislation would make them liable to pay you compensation in a personal injury claim.

Industrial accidents

Industrial accidents cover any injury or illness suffered by an employee in the course of their work. This includes claims for asbestosis, mesothelioma, bursitis, tinnitus, and other conditions that usually develop over time due to prolonged exposure and repetitive movements. In this case, the three-year time limit to claim begins on the date you became aware of your injury.

Accidents in public

Slips, trips and falls are the most common accidents that happen in public places. These are often due to preventable hazards, such as wet or slippery surfaces, floor defects, poor lighting or objects left in walkways. Local councils and private business owners must keep public places well-maintained and safe for all members of the public.

Medical negligence

When feeling unwell, we trust healthcare professionals to properly diagnose and treat our condition so we can return to our daily activities. However, a misdiagnosis, inadequate treatment, medication errors and surgical mistakes can cause further injury and the worsening of your condition. If you received substandard medical care, you deserve compensation for your pain and suffering.

Violent crimes

A violent crime such as physical or sexual abuse can be very traumatic. Besides physical injuries, these acts of violence usually cause severe emotional and psychological trauma with long-term consequences. While the abuser is often unidentified or does not have the resources to pay compensation to the victim, you could claim criminal injury compensation through the CICA.

Product liability claims

As a consumer, you are entitled to expect that the products you buy meet the required standards and are safe for use. Under the Consumer Protection Act 1987, you can file an injury claim against the manufacturer of a faulty product within ten years after the product was first put into circulation.

Sports accidents

Sports injuries are common, and they are usually nobody's fault. Nonetheless, if you suffered an accident due to faulty equipment, bad advice from a coach, dangerous ground conditions or other acts of negligence, you might be entitled to compensation. Some of the most common sports leading to a personal injury claim include horse riding, skiing and contact sports such as rugby.

Holiday accidents

Holiday accidents include food poisoning, swimming pool accidents, hotel accidents, and other injuries suffered while on holiday abroad or in the UK. If you booked your holiday through a travel company, you might be entitled to claim compensation from the tour operator. Otherwise, you may have to make your claim directly against the individual or business that caused your injuries.

Fatal accidents

Losing a loved one is devastating, and when this happens due to the negligence of another person or company, it can be even more distressing. Under UK law, any dependant of the victim could take legal action following the wrongful death of a loved one.

Military accidents

Military personnel are Ministry of Defence employees entitled to safe working conditions and proper training and equipment for their job. Although injuries in direct combat cannot always be avoided, you could claim compensation through the AFCS within seven years of a military accident, regardless of liability disputes.

Animal attacks

Dog bites and other animal attacks can be traumatic and cause permanent scars and emotional damage. If you are the blameless victim of an animal attack, you might be entitled to claim injury compensation from the owner, the CICA or the local authorities, depending on your circumstances.

Regardless of the type of accident that caused your injuries, if you believe it was due to another party's negligence, you should get legal advice as early as possible. An experienced solicitor will investigate your circumstances and let you know whether you are entitled to make a no win no fee personal injury claim.

No win no fee is the preferred option for funding personal injury claims and allows you to pursue compensation without taking any financial risks. If your solicitor believes your case has merit, they will offer their services without asking for any upfront fees.

The advantages of a no win no fee service with your solicitor, also known as a conditional fee agreement, include the following:

• They will offer you free advice and support throughout the claims process;
• Your solicitor will take care of the legal aspects of your case so you can focus on your recovery;
• Your solicitor will know how much your claim is worth and negotiate the best possible settlement on your behalf;
• If your claim fails, you do not have to pay your solicitor at all for the work they have done.

No win no fee also takes the worry of paying legal fees out of the equation. If your case is successful, the defendant will cover your legal expenses and disbursements. If your case fails, you are protected by the After the Event (ATE) insurance your solicitor will take out at the beginning of your claim. This is a legal expenses insurance which covers:

• The other side's solicitor fees
• Court and council fees
• Barrister fees if your claim goes to trial
• Expert witness fees
• Travel expenses

If you make a no win no fee claim, you will only pay a fee if your injury claim is successful. This includes the cost of the ATE insurance premium and a success fee paid to your solicitor, which cannot exceed 25% of your compensation.

To find out if you are eligible to make a personal injury claim on a no win no fee basis, call 0800 032 3660 or enter your details into our online claim form to receive a free consultation with a legal adviser.

To claim injury compensation, you need clear evidence that another person was responsible for your accident and all the personal and financial damages you incurred. When possible, you should try to collect as many pieces of evidence as you can, which could include:

• Medical records showing the type and extent of the injuries you suffered, treatments received and any long-term or permanent health consequences;
• Photographs of the accident scene that reveal the cause of your injuries before anything is moved or repaired;
• Pictures of any visible injuries and damage to your property, such as car damage if you were involved in a car accident;
• The names and contact details of any witnesses who might later give a statement about how your accident occurred;
• Police reports and a crime reference number if you were the victim of a violent crime or a hit-and-run accident;
• The licence plate and insurance details of other drivers involved in a road traffic accident;
• An accident report form if you had an accident at work or in a public place;
• Your notes about how the accident happened, who you believe might be at fault and how your injuries affected your work and daily life;
• CCTV or dash cam footage of the accident, when available;
• Evidence of all the related financial losses and expenses you incurred, such as invoices, pay slips, and bank statements.

You should still contact a solicitor even if you are concerned about the amount of evidence you have, as they can help you collate everything you need to build a strong personal injury claim.

If the other side denies liability for your accident, your solicitor will have to issue court proceedings. If you must argue your case before a judge, you will need as much evidence as possible to support your claim and secure the compensation you deserve.

While each personal injury claim is different, they all follow the same basic steps:

• Discussing your circumstances during a free claim assessment

If you feel that you suffered an injury due to someone else's negligence, the first thing you should do is contact a legal adviser. They will ask you a few questions about your accident to determine if your case has merit and your chances of success. At this stage, you can also ask them any questions you have about the service offered or the claims process.

• Appoint your solicitor

If you are eligible for compensation and decide to proceed with the claim, you will be paired with a solicitor who is right for your case. They will offer you their services on a no win no fee agreement. This means you can take legal action without paying any upfront fees or taking financial risks.

• Work out who was responsible

Once you have appointed your solicitor, they will help you determine who was responsible for your injury or illness. Based on your circumstances, this could be a car driver, your employer, the local council, a business or a medical professional. Your solicitor will send them a letter of claim informing them of your allegations of negligence. The defendant has three months to investigate your claim and send you a letter of response.

• Gather evidence to support your personal injury claim

After assigning liability, your solicitor will help you gather evidence to support your claim. As explained above, this may involve your medical records, photographs of the accident scene, witness statements and other relevant proof of how the accident occurred and how it affected your life.

• Assess your injury or illness

Before calculating your compensation award, it is essential to determine the extent of your injuries and their long-term consequences on your life. Your solicitor will help obtain your medical records and will also arrange a free examination with a medical expert.

• Work out your compensation award

Using the available evidence, your solicitor will work out a fair compensation award for your pain, suffering and all the financial expenses you incurred. Your final settlement will take into account the costs and losses you have already incurred as well as those that your solicitor can predict you will face in the future. This could include future loss of earnings, for example, if your injury or illness will impact your ability to work in the future.

• Reach a settlement

Once your solicitor has calculated how much compensation you deserve, they will try to reach the best possible settlement with the defendant. Both sides can make multiple offers until you can negotiate a figure that is acceptable to everyone. If an agreement can't be reached, your solicitor will take your claim to court. Here, a judge will examine the evidence and decide how much compensation you should receive.

• Receive your compensation payment

After you have accepted a settlement offer or the court has reached a decision, you should receive your compensation award within four weeks. Usually, you will get it as a lump sum payment minus any interim payments you have already received. Most of the time, the compensation will be paid directly to you or to a trust in your name.

The Limitation Act 1980 sets the time limit to make a personal injury claim at three years after the date when an accident occurred. The last day you can begin legal proceedings is called the claim limitation date, after which your claim becomes statute-barred, and you can no longer take legal action.

Some injuries or illnesses develop over time due to overuse or prolonged exposure to a toxic environment. In these situations, the three-year time limit to claim begins on the date of knowledge. This is the date on which you became aware that you suffered an injury or illness due to another party's negligence.

There are several exceptions to the three-year time limit to claim, including:

• If a child suffers an injury in an accident that wasn't their fault, a parent or guardian can pursue compensation on their behalf at any time. Alternatively, once the child becomes an adult on their 18th birthday, they will have another three years to start an injury claim themselves.
• There is no time limit to file a personal injury claim on behalf of a victim who lacks the mental capacity to handle their own case. A person could lack mental capacity due to an injury suffered in the accident for which you are claiming or as a result of a pre-existing condition. If the victim regains their intellectual ability, they will have three years to claim from that point.
• If you were the victim of a violent crime, you could make an injury claim through the Criminal Injuries Compensation Authority within two years after the incident.
• Military personnel injured on duty can claim compensation through the Armed Forces Compensation Scheme within seven years after an accident.
• If a loved one passed away due to someone else's negligence, you could start a claim within three years from the date of death or the date a post-mortem confirmed the cause of death.
• If you had an accident abroad, the time limit to claim compensation can vary significantly from country to country and may be much shorter than three years.

Regardless of how much time you might think you have to claim, you should seek legal advice as early as possible after becoming aware of an injury or illness. This will ensure your solicitor has sufficient time to investigate the circumstances of your accident and gather relevant evidence to build a strong case.

There is no set time frame for a personal injury claim. Each case is unique and how long it may take for it to settle depends on several factors, such as:

• The circumstances of your injuries – a straightforward road accident where there is no liability dispute will settle much faster than a complex medical negligence claim.
• The type and extent of your injuries – it is much easier to assess and settle a claim for a minor or moderate injury that will fully heal within several weeks compared to a severe one that may have long-term or permanent effects. In cases involving severe brain or spinal cord injuries, it may take years to assess the full extent of pain, suffering and financial damages it will cause.
• The time needed to gather evidence – if you manage to gather all the evidence you need to support your claim and show that another person is liable for your injuries, your solicitor can start legal proceedings straight away. But in some cases, your solicitor may need several months to help collate the proof you need to build a strong case with a good chance of success.
• Whether you know the defendant's identity – if you were the victim of a hit-and-run accident or a violent crime and you do not know the culprit's identity, you will have to claim through the CICA or the MIB, which will usually take longer to settle.
• Whether the defendant admits liability – if the defendant admits they are responsible for your accident and the damages it has caused you, you can begin to negotiate a settlement, and your claim might settle quickly. Otherwise, your solicitor will have to issue court proceedings, and you may have to wait up to a year to receive a trial date and argue your claim before a judge.
• Whether you have to go to trial – if you can agree on a settlement with the other side, this is the last step of the claims process, and you should receive your compensation reasonably quickly. However, if you cannot negotiate a sum that is acceptable to both parties, your claim can take significantly longer, and you may have to argue your case in court.

These and other factors may influence how long your claim will take to settle. You can help speed up the process by doing several things, such as documenting everything in detail from day one, seeking immediate medical care and contacting a solicitor to begin the claims process as soon as possible.

Under UK law, you are entitled to make a personal injury claim on behalf of someone else if the court appoints you as their litigation friend. Before nominating you, the court will ensure you meet the following criteria:

• You can conduct legal proceedings in a fair and competent manner
• There is no conflict of interest between you and the victim
• You undertake to pay any fees requested by the court during the claims process

The Court of Protection Rules 2017 states that you can make a personal injury claim on behalf of somebody else if they:

Are a child under 18 – minors cannot make legal decisions about a claim or use solicitors to pursue compensation. Before turning 18, they will need an adult to represent them, which is usually one of the parents, a guardian or another close friend or family member.

The litigation friend can conduct legal proceedings on the victim's behalf, but they cannot access any of the funds. Instead, the money will be kept in a court bank account or a personal injury trust and released to the victim once they turn 18. The court may allow early release of some of the funds to cover medical or educational costs that you cannot otherwise afford to cover.

Lacking the mental capacity to handle their case - according to the Mental Capacity Act 2005, an adult is considered a protected party and needs a litigation friend if they suffer from:

• Post-traumatic stress disorder (PTSD)
• An intellectual disability like Down syndrome
• A neurodegenerative disorder such as Alzheimer's disease
• A mental health condition like schizophrenia
• A severe brain, spine injury or stroke

Have a language barrier – you could also conduct legal proceedings on behalf of a friend or loved one whose first language is not English and who may have trouble communicating with their solicitor.

Becoming a litigation friend is a long-term commitment that brings several responsibilities, such as:

• Approve and sign legal documents
• Meet with solicitors and take legal advice
• Attend court hearings
• Pay the fees requested by the court
• Consider any compensation offers made by the other side
• Make decisions regarding the claim

The role of a litigation friend ends when a child turns 18, if a protected party regains their mental capacity or when the claim settles. If you want to make a personal injury claim on behalf of someone else, you can call 0800 032 3660 for a free consultation with a legal adviser.

Every personal injury claim is unique, and the compensation awarded in a successful case depends on several factors, such as:

• The type and extent of your injuries
• Their long-term or permanent consequences
• How they affected your life and family
• Whether you hold any part of the blame for your accident
• The financial losses and expenses you incurred

Before starting to negotiate your compensation award, your solicitor will consider all the ways in which your injuries affected your day-to-day life. In every claim, you can recover two types of damages:

General damages are awarded for the actual injury or illness and its consequences, taking into account the following:

• Physical pain and suffering
• Emotional and psychological distress
• Physical and mental disability
• Reduced quality of life
• Lowered life expectancy
• Loss of amenities
• Loss of consortium and companionship

Special damages cover all the financial expenses related to the accident, which could include the following:

• Medical costs such as prescriptions, diagnostic tests and hospitalisation
• Mobility aids and other medical devices
• Cost of counselling and physiotherapy
• Adaptations to your home or vehicle
• Lost wages and loss of earning capacity
• Travel expenses to and from medical appointments
• Costs of care and assistance

The compensation for special damages takes into account all your past expenses and the future needs you are expected to have because of your injury. General damages are awarded according to the guidelines published by the Judicial College. Examples of compensation awards for general damages recommended by the Judicial College include the following:

• £5,525 to £53,000 for an ankle injury
• £2,810 to £51,070 for a wrist injury
• Up to £151,070 for a back injury
• £240 to £104,370 for neck injuries
• £3,150 to £80,250 for post-traumatic stress disorder
• Up to £379,100 for head and brain injuries
• £3,150 to £104,370 for a hip or pelvis injury
• £23,680 to £268,720 for severe eye injuries
• £2,020 to £240,590 for a leg injury

To start your personal injury claim or learn more about your compensation prospects, call 0800 032 3660 or enter your details into our online claim form for a free consultation with a legal adviser.