Personal Injury Claims Solicitors

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.

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).

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.

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. 

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.

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.

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.

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.

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.

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”.

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.