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Personal Injury

Personal Injury Claims Solicitors

If you've had an accident that wasn't your fault, you may be able to make a claim for compensation to cover the hardship and losses it causes.

We help accident victims claim compensation for their injuries and get on the road to recovery. Our friendly and specialist Personal Injury team handles hundreds of accident compensation claims each year and has extensive experience to ensure your case flows smoothly and that all your questions are answered.

How we can help you

Free initial consultation, no win-no fee personal injury compensation claims

We offer a free initial consultation which means it will cost you nothing to discover whether you have a compensation claim and, if you do, we will guide you all the way through your claim with a professional and helpful service. We offer a number of flexible funding arrangements, including no-win-no-fee if this is suitable for your particular case.

Four simple steps to starting your claim with our personal injury solicitors

  • Call one of our friendly teams on 01775 764150 or start your claim online now by filling in our simple form and requesting a callback.
  • If you'd like to give us a little more detail about your claim now, let us know using our online SmartForm.
  • A member of our team will assess your situation and use their skill and experience and inform you whether you may have a compensation claim.
  • If you have a possible claim, they can get started there and then and will take you through the process.

Law Society Personal Injury Accredited

This Law Society accreditation reflects the strength of practice in our personal injury claims team. We also have a particular skill in MOD compensation claims, having handled many successful cases for servicemen and women against the Ministry of Defence. These claims need a particular understanding of the way the MOD works and we are one of the few firms in the country which has this expertise.

Whether you have had an accident at work, a road traffic accident or a trip and slip, contact one of our team today to discover whether you can make a claim for compensation – you have nothing to lose.

Personal injury FAQs

How long does a personal injury claim take?

This always depends on the individual circumstances of your case, so unfortunately we cannot give you a set timeframe. However, at your initial consultation we will discuss potential timeframes and how long it could take for you to reach a resolution - this could take several months to a few years, depending on factors such as:

  • The seriousness of your injuries.
  • Whether the responsible party admits liability.
  • Whether expert witnesses are needed and how many.

We focus on constructive resolution, settling the vast majority of our clients’ cases out-of-court. This means we are often able to settle claims much faster than going through the court system. That being said, we never compromise on compensation or encourage clients to settle for less than they deserve just to bring the case to an end sooner. We are prepared to fight your corner and get you everything you are entitled to.

If you do need support to cover the costs of treatment or rehabilitation while the personal injury claim is ongoing, we can provide advice about negotiating ‘interim payments’ with the responsible party, which allows you to claim compensation before the final settlement has been agreed.

What can you claim personal injury compensation for?

Personal injury compensation is meant to put you back in the position you were in before the accident as far as possible and to restore your quality of life. So, you can claim compensation for a wide range of things, from treatment for physical and psychological injuries to financial losses. Things you could claim for include:

  • Pain and suffering (both physical and mental).
  • Loss of amenity (not being able to do things you enjoy anymore).
  • Loss of earnings, including future earnings if you cannot work anymore, do the same job as before or your earning potential is reduced.
  • The costs of medical treatment.
  • The costs of home adaptations, care and specialist equipment.
  • The costs of moving to somewhere adapted to your needs.
  • Expenses, such as the costs of travelling to and from hospital appointments.
  • Bereavement (if the person injured has passed away and you are claiming on their behalf).

Is there a time limit on making a personal injury claim?

Typically, you need to start your personal injury claim within three years of the accident happening. One exception to this is if you do not realise that you are injured until later on. In this case, you have three years from the date you realised or could reasonably have realised that the negligence occurred.

Other exceptions include:

  • If you are claiming on behalf of a child under 18 years old - you have until their 18th birthday to start a claim.
  • If you are claiming on behalf of someone who lacks mental capacity - there is no deadline unless the person regains capacity, at which point the deadline is three years from the date of regaining capacity.
  • If you are claiming on behalf of someone who has died due to the negligence - the deadline is three years from the date of death or the date the cause of death is discovered.

What evidence do you need for your personal injury claim?

We will help you gather the evidence you need to make your personal injury claim, so there is nothing you need to make sure you have before your first meeting with us. Evidence will also vary depending on the circumstances of your case.

However, good evidence to have could include:

  • Your own account of what happened
  • Witness testimony
  • Medical reports and expert evidence
  • Photographs of the scene of the accident
  • Photographs of your injuries
  • Police reports
  • CCTV

Gratuitous care FAQs

What is gratuitous care?

This is when an injured party has to rely upon friends or family members to help them carry out day to day activities following an accident.

How do I prove I am entitled to a gratuitous care claim?

The claimant would have to provide medical evidence to show that, as a result of the injuries, it was reasonable to rely upon care and assistance.

What type of assistance can I receive?

The types of care usually includes assistance with personal hygiene, assistance with mobility, taking the claimant to hospital appointments, doing the shopping and housework.

How is the care claim calculated?

A medical expert would advise how many hours' care is reasonable.This would also be supported by witness evidence from the injured party and the carers.The claimant’s solicitor would then often apply an hourly rate of around £6-£8 per hour.  Alternatively, if the carer can show they have missed work as a result of the care then, with evidence, they can look to recover any loss of earnings.

Why is the hourly rate lower than what payment would be on a private basis?

The figures are for “gratuitous care”.  It would be expected that friends or family members would provide some care and assistance in any case and so the payment is to reflect any assistance which is “beyond the call of duty”.

Does the compensation for gratuitous care go to the injured party or the carer?

The carer would not ordinarily have a claim against the defendant, so the claimant is entitled to recover compensation on the carer’s behalf with a view to recompensing the carer.

How can Roythornes Solicitors help?

If you have been injured and it was not your fault we can help assess the losses and damages including a claim for gratuitous care.

Start your personal injury claim today

Call one of our friendly team to find out how we can help you on 01775 764150 or start your claim online now. For further information about a personal injury claim, get in touch with our solicitors in AlconburyPeterboroughSpaldingNottingham or Birmingham

Bereavement damages FAQs

What are bereavement damages?

Bereavement damages are awarded in personal injury or clinical negligence cases involving a fatality where negligence has taken place by a third party. The award is available in England and Wales and is provided for under the Fatal Accidents Act 1976.

Who is entitled to bereavement damages?

Bereavement damages can be claimed only by the spouse/civil partner of the deceased or to the parents of a deceased child up to the age of 18.

Are cohabitees entitled to bereavement damages?

In the eyes of the law, cohabitees do not automatically qualify for bereavement damages, however, they may be eligible to bring a dependency claim provided they are able to prove they were financially dependent on the deceased.

How much are bereavement damages?

The current award is limited to the sum of £12,980.

Start your personal injury claim today

Should you need any advice on claiming bereavement damages please contact a member of the Personal Injury team on 01775 764150 or start your claim online now. For further information about a personal injury claim, get in touch with our solicitors in AlconburyPeterboroughSpaldingNottingham or Birmingham

Repetitive strain injury FAQs

What is repetitive strain injury?

Repetitive strain injuries develop over a period of time and are caused by activities which involve frequent and repetitive movements with awkward posture and overuse. Such disorders can cause pain both whilst carrying out those activities, or whilst resting. 

What causes repetitive strain injury?

Most commonly, repetitive strain injury occurs during heavy lifting, sustained full body bending and highly repetitive work such as cutting, clipping or, in some cases, simply continuous computer use without a properly adjusted chair.

Can I claim for repetitive strain injury?

Should an injury occur as a result of an employer not providing a reasonably safe workplace or failing to implement an adequate manual handling practice, a claim for repetitive strain could be made.  The injured employee would be able to request sufficient compensation, as far as is possible, to restore their financial position to that prior to the injury.

As an employer, how can I avoid being sued over a repetitive strain injury?

The most effective way for an employer to keep such disorders to a minimum and to avoid costly compensation claims is to implement a manual handling practice within the workplace.

Furthermore, employers have an overarching duty imposed upon them by the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999.  Such statutory provisions are put in place to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all employees.

Safety at school and your legal rights FAQ

What happens if my child is injured during PE?

In regard to sports at school, it is generally felt that all participants, including children, accept some level of risk, ruling out an injury claim. If, however, it is felt that an injury arose as a result of actions one would not normally consent to, then a claim can be brought.

What if my child contracts coronavirus?

Fortunately children are unlikely to be affected by the pandemic.  Schools will be expected to follow government guidelines to ensure your child’s safety.

Unless self-isolating, children are expected to attend school and parents can be fined for unexplained absence.

If a child contracts the virus and if the school can be shown to have followed the guidelines it is unlikely a claim against the school would succeed. If the evidence suggests the school hasn’t, it would still be necessary to show it was contracted as a result of the school’s failure and not contracted elsewhere such as in the child’s free time or even at home.

If my child is injured at school, is the school held responsible?

It’s not uncommon for children to be injured as a result of boisterous play. The courts take a balanced approach with the view that â€Åâ€Å“rough and tumble” is an inevitable part of growing up and it would discourage independence if children were monitored too closely by teachers. However, the key to a successful compensation claim for an injury that has been sustained at a school often centres on a lack of supervision.

A recent case involved compensation for a teenage boy who lost the tip of his finger during a school lunch break. A group of girls prevented him from entering a classroom and slammed a door shut on his hand. The claim was successfully concluded on the basis that the specific area of the school was without teacher supervision despite the knowledge that children were playing there.

What is the legal responsibility of teachers?

The responsibility of teachers has been well established for over 120 years, with the relevant case law stating the duty of a schoolteacher is that of a â€Åâ€Å“reasonably careful father” or a â€Åâ€Å“parent with many children”.

What happens if my child is injured by other pupils?

If children are purposefully injured by fellow pupils, and no degree of supervision would have prevented the event, it is still possible to pursue a claim through the Criminal Injuries Compensation Authority.

As well as specific laws governing the safety of school premises, schools owe the same general duty of care to visitors as other facilities open to the public, such as restaurants or supermarkets.

If my child's claim is successful, what happens to the compensation?

Once compensation is secured, money is paid into court and released to the child once he or she reaches 18 years of age. Not only will there be compensation for the injuries, but the claim will also include financial losses, usually incurred by the parents.

It is possible to apply to the court for the money to be released early for the benefit of the child. This usually relates to educational improvement but, in the past, we have successfully applied for the court to release funds to pay for other things including driving lessons!

Furthermore, an old injury can still be claimed for if the child is under the age of 21. 

Get in touch with our personal injury solicitors

For further information about our personal injury services, get in touch with our team in AlconburyBirminghamNottinghamPeterborough or Spalding.