When you or a loved one experience a personal injury, it can have a major impact on your life, including your ability to work and live independently. Our personal injury lawyers can assist you with claiming compensation, which can be essential for helping you to rebuild your life.
Bird & Co’s personal injury claims team, led by James Ilic, deal with a wide range of claims, with particular expertise in catastrophic injury claims and employers’ liability claims resulting from serious workplace accidents. We have a strong track record of success in these cases, securing settlements ranging from thousands to millions of pounds.
For a free, no obligation initial consultation, speak to one of our personal injury solicitors today by calling 01476 591711 or use the contact form on the right and we will get back to you promptly.
Have a question about personal injury claims? Take a look at our FAQs or check out our personal injury blog.
On this page
- What is a personal injury claim?
- Types of personal injury claims we handle
- How much compensation can I claim?
- The personal injury claims process
- No win, no fee personal injury claims
- How long do personal injury claims take?
- Evidence needed for your claim
- Time limits for personal injury claims
- Why choose Bird & Co Solicitors?
- What areas does our personal injury claims service cover?
- Frequently asked questions about personal injury claims
What is a personal injury claim?
A personal injury claim is a legal claim for financial compensation for injuries a person has experienced due to someone else’s negligence. The idea is that the party responsible for any harm you have suffered should pay you sufficient compensation to “put things right”.
Types of personal injury claims we handle
Our personal injury lawyers, based in Grantham, Newark and Lincoln, help clients across Lincolnshire, Nottinghamshire and the rest of the UK to claim personal injury compensation in relation to a wide range of accidents and injuries.
Our personal injury claims expertise includes:
Accidents at work
Our team can assist with all types of accident at work compensation claims, including those for industrial injuries and injuries due to health and safety breaches. Making a workplace accident claim can be highly sensitive, but our expert workplace injury solicitors know exactly how to handle these delicate matters so your interests are protected.
Slips, trips and falls
We can help you to claim compensation for injuries related to accidents in public places, such as in the street or at a park, as well as injuries that occur on private premises, including at businesses such as supermarkets, pubs and nightclubs. These types of public liability claims can be complex, so expert support is essential.
Holiday accidents
Our experts can guide you through claiming personal injury compensation for injuries experienced while on holiday. Our holiday accident claims expertise covers things like injuries sustained in hotels, other holiday accommodation or booked excursions.
Catastrophic injuries
Our personal injury solicitors can make sure you get the financial support you need following a life-changing injury. We can assist with all types of catastrophic injury claims, including head and brain injury claims, spinal injury claims, amputation claims and claims for severe burns.
Inquests and fatal accident claims
We can provide sensitive support and guidance when dealing with the aftermath of a fatal accident. Our team can be with you through the inquest process and help you to claim compensation, including through wrongful death claims, dependency claims and claims for bereavement damages for families. Fatal accident claims can be particular emotionally challenging, so we will always offer compassionate, empathetic guidance at this difficult time.
Prison incidents
If you or a loved one have been injured in prison, we can advise on the right to claim compensation and support you through the entire process.
How much compensation can I claim?
How much compensation you can claim for a personal injury will depend on various factors. These include the seriousness of the injury and how responsible the defendant was for the injury occurring.
You can normally claim two types of damages for a personal injury – special damages and general damages.
Special damages cover specific financial losses, such as lost income, the cost of treatment, specialist equipment etc. General damages cover non-financial losses, such as pain and suffering and loss of function e.g. no longer being able to carry out activities you previously enjoyed.
If you are considered to have been partly at fault for your injuries, then this will also affect how much you can claim. For example, if it is decided that you were 50% responsible for your injuries, then you would only be eligible for 50% of the compensation you would have received if someone else was wholly at fault.
We will provide an estimate of what level of settlement we believe you may be able to secure at the outset, but the final settlement will depend on how the case progresses, including whether the defendant is willing to offer an early settlement or if the case goes to court.
The personal injury claims process
There are various steps in the personal injury claims process. Exactly how the process works will depend on the situation, but in general, you can expect it to look something like the following:
Step 1: Initial consultation with a personal injury lawyer
You will have an initial consultation with a personal injury claims lawyer to discuss your injuries and the circumstances surrounding them. They will then give an initial opinion on whether they think you may have grounds for a claim and, if so, an indication of how much compensation you may be entitled to.
Step 2: Gathering evidence
Your lawyer will gather all necessary evidence to support your claim. What is needed will depend on the situation, but will typically include things like medical reports, accident logs, witness testimony, and any digital evidence, such as CCTV footage.
Step 3: Letter of Claim
To start your claim, your lawyer will draft a ‘letter of claim’. This sets out the details of your claim, including the nature of your injuries, who you hold responsible, why you hold them responsible and the amount of compensation you are seeking. Your lawyer will then send this to the person you hold responsible (the ‘defendant’).
Step 4: Defendant’s response
Once the defendant or Defendant insurer receives the letter of claim, they will either admit or deny liability. In each instance we will guide you through the next steps.
Step 5: Independent medical assessment
This involves an appropriate clinical expert examining you to assess the extent of your injuries and the impact on your life. They will then provide a report that will be used as a key part of the process of determining how much compensation you may be owed.
Step 6: Quantum of damages
Your lawyer will determine exactly how much compensation you are owed through a process called ‘assessing quantum of damages’ or simply ‘assessing quantum’. This will look at the independent medical report on your injuries, any financial and non-financial losses you have experienced or expect to experience, as well as factors such as if you were partly at fault for your injuries.
Step 7: Defendant’s response
Once the defendant receives your quantum documents and our offer to settle. They will then decide whether to accept the claim and pay the requested compensation, offer a different amount of compensation or reject the claim entirely.
Step 8: Settle or negotiate
If the defendant offers a lower amount of compensation or rejects the claim, then your lawyer will advise you on your next steps. You can either accept the defendant’s response or attempt to negotiate a better outcome. If you choose to negotiate, your lawyer will normally handle this process for you.
Step 9: Defendant’s final offer
If there have been negotiations, the defendant will either stick to their original offer or they may make an improved offer. Your lawyer will then advise you on whether they think you should accept the offer or if you may be able to secure a better outcome through further action.
Step 10. Court proceedings
If a settlement cannot be agreed, then you may need to rely on a court to decide how much compensation you should receive. This can be risky as there is no guarantee a court will decide you are owed more than the defendant is offering. Additionally, if the court decides the defendant owes you an amount equal to or less than you were already offered, you could be held liable for the defendant’s legal fees.
No win, no fee personal injury claims
We believe your financial situation should not be a barrier to your ability to claim compensation you are entitled to, so we assist many of our clients on a no win, no fee basis. Also known as a ‘conditional fee arrangement’, this means that you only pay us based on how much compensation we secure for you.
If we do win a settlement for you, our fee will be based on a pre-agreed percentage of the settlement and if we are unable to secure compensation, you won’t owe us a penny. That means you don’t have to pay anything up front to start a claim.
Alternatively, you may be able to fund the cost of your claim through a pre-existing insurance policy you have – for example, many home insurance policies include legal expenses insurance as an optional extra. It is therefore worth checking this with your insurer when considering making a claim.
Please contact us to find out more about the cost of making a personal injury compensation claim.
How long do personal injury claims take?
This entirely depends on the circumstances. Some simple, lower value claims can be resolved in a matter of months, while it is not unknown for more complex, high value claims to take more than two years to settle.
Commonly, personal injury claims will take in the region of 12-18 months to reach a resolution, with those claims that can be settled out of court generally being faster to deal with.
Evidence needed for your claim
The evidence needed for personal injury claims will depend on the circumstances but typically includes:
- Medical records
- Accident logs
- Witness testimony
- Digital evidence (e.g. photos and CCTV)
- Independent medical reports
- Documents showing any specific financial impact (e.g. additional costs and lost income)
Time limits for personal injury claims
For most types of personal injuries, you will need to start a claim within 3 years. Depending on the circumstances, this could be 3 years from when the injury occurred or 3 years from when you became aware of the injury if this happens at a later point.Certain countries also have different limitation periods so please be aware of this when considering making a claim.
However, there are exceptions to this 3-year time limit. If the injury occurs to someone under the age of 18, they will normally have until their 21st birthday to start a claim.
The courts can also extend the time limit to bring a claim under certain circumstances, although this is rare, so it is important to take action as soon as possible when considering starting a personal injury claim.
Why choose Bird & Co Solicitors?
We understand that making a claim for personal injury compensation can be confusing and intimidating. At Bird & Co, our goal is to make the process as simple and stress-free as possible.
We have a strong focus on communication. Our personal injury lawyers will make sure we get a clear understanding of your situation and then explain your options in plain English. We will then keep you regularly updated about the progress of your case and always be available to answer your questions, allowing you to have complete confidence in the way we are handling your claim.
With decades of experience successfully handling even the most complicated and contentious personal injury claims, we are highly motivated and work tirelessly to achieve maximum compensation for each client. Our strong track record of success includes securing compensation ranging from thousands to millions of pounds.
Our personal injury lawyers offer a compassionate but highly practical service with the aim of ensuring everyone who is entitled to claim personal injury compensation is able to do so. In most cases we are able to resolve claims without the need for you to attend a court hearing, through early conciliation and pre-trial settlements. However, where court proceedings are required, we have the expertise to ensure you have the very best representation to achieve a fair outcome.
We are able to meet clients at all of our offices in Grantham, Newark and Lincoln, and can arrange home visits where required.
Many of our clients choose to work with us over the phone, via email and through video conferencing for their convenience.
Bird & Co has achieved the Law Society’s Lexcel accreditation for our excellent legal and professional standards and we are regulated by the Solicitors Regulation Authority (SRA).
For a free, no obligation initial consultation, speak to one of our personal injury solicitors today by calling 01476 591711 or use the contact form on the right and we will get back to you promptly.
Frequently asked questions about personal injury claims
How much compensation will I receive for my personal injury?
Compensation for personal injuries is determined based on the level of injury sustained, any other harm the claimant has experienced due to their injuries and any share of the responsibility they have for their injuries. Compensation can cover both financial and non-financial losses, including losses experienced so far and expected future losses.
What is a no win no fee agreement?
A no win no fee agreement (more properly called a ‘conditional fee agreement’) means that you will only pay your lawyer’s fees if they succeed in securing compensation for you. The benefits of this include that you do not need to worry about finding the money to pay for your legal representation and there is no financial risk to you if your claim fails.
How long do I have to make a personal injury claim?
As standard, you have three years to claim personal injury compensation. This is counted from the ‘date of knowledge’ which is the date when you knew you had been injured and someone else was at fault.
Different time limits can apply depending on the situation, for example, There is no time limit to claim on behalf of someone who does not have the mental capacity to make their own claim. Certain countries also have different limitation periods so please be aware of this when considering making a claim.
Who can claim compensation for a personal injury?
In order to claim personal injury compensation, you will normally need to prove two things:
- That someone else’s negligence or deliberate action caused or contributed to your injury.
- That the injury has caused long-term damage with a measurable impact on your life.
Our personal injury lawyers will be happy to review the details of any potential claim with you and provide a realistic assessment of whether we think you are likely to be able to claim compensation. We can then discuss all of the evidence you are likely to need, including witness accounts and independent medical examination, to help you build a strong case.
Do you need to go to court for a personal injury claim?
The majority of claims can be resolved outside of a court, either through informal negotiations with the defendant or more formal pre-trial negotiations. Agreeing a settlement in this way is normally faster, less expensive and less stressful for you.
However, if the defendant denies liability or a suitable settlement cannot be agreed, court action may be needed to resolve the matter. In such cases, we will ensure you have the skilled advocacy you need to achieve a fair settlement for your claim.
Can I claim if the accident was partly my fault?
Yes, you can still claim for injuries caused by an accident if you were partly at fault. However, any amount you receive will be reduced in line with the level of responsibility you are considered to have for your accident. So, if it is determined that you were 50% at fault, the amount you receive would be reduced by 50%.
What if I can't afford to pay a solicitor?
In most cases, you will not need to worry about paying for a personal injury solicitor. This is because most claims are handled on a no win, no fee basis with no upfront costs.
How do I prove my personal injury claim?
Types of evidence that may be needed to prove your personal injury claim include medical records, accident reports, photos, CCTV footage, witness statements, an independent medical report and financial documentation to show any costs you have incurred.
Can I claim for psychological injuries as well as physical injuries?
Yes, you can claim for mental health impacts of someone else’s negligence, such as PTSD, anxiety and depression. An expert medical assessment will usually be required to determine the extent of any psychological injuries and the impact they are having on your life.
Contact our personal injury lawyers
Speak to one of our personal injury lawyers in Grantham, Newark or Lincoln today by calling 01476 591711 or use the contact form at the top of the page to ask a question.
For full details of our team please look at the "Our People" section of the website.