Personal Injury

• 01.Introduction

• If you are injured because someone was negligent (they did something they shouldn't, or didn't do something they should), you may be able to get compensation. This leaflet explains your legal rights, and how you should go about getting compensation if you've...

• 02. What is a personal injury?

• Any injury you suffer may seem personal, but in legal terms, a personal injury is where a person, company or some other organisation is to blame (at least partly) for your injuries. They may have been 'negligent', which means the person or organisation did...

• 03. What action can I take?

• There are several courses of action you can take, depending on what you feel you want. You may want someone to explain or apologise and make sure that no one else is hurt in the same way. See 'If you want to make a complaint' (below) for more on...

• 04. What are claims assessors and claims management companies?

• Since public funding (legal aid) for most personal injury cases was stopped, there are new options for getting help to claim compensation for a personal injury. Claims assessors and claims management companies specialise in negotiating compensation for you...

• 05. How do I take legal action?

• If you want to take legal action to get compensation, you should get advice from a solicitor who specialises in personal injury cases. You can find specialist solicitors through: the Community Legal Service; the Association of Personal Injury...

• 06. What if I was injured in a road accident?

• If your accident was because of another driver's negligent driving, you could claim compensation through the courts. Even if the other driver is not insured, this could be worth doing whether or not you think they have enough money to pay you compensation....

• 07. What if I was injured by a faulty product or service?

• If a product (for example, a car or a power tool) was unsafe and injured you, you're protected by the Consumer Protection Act 1987. This law also covers you if you were made ill by contaminated food bought in a shop. You do not have to prove that the...

• 08. What if I can't afford a solicitor?

• Taking legal action can be expensive. You can no longer get public funding (what used to be called legal aid) for most personal injury cases (except for ones which are to do with medical accidents, deliberate harm, such as child abuse, or an assault by the...

• 09. What can I claim compensation for?

• There are two types of compensation you can claim. General damages General damages are for the pain and suffering you have had to cope with after an injury. The court decides how much this will be. Special damages Special damages are for money you've...

• 10. What if I am claiming for someone who has died?

• If the person who has been injured dies within the normal three-year limit for making a claim, you can take action for them. You must take action no more than three years after: the person died; or you knew what caused the injury (if this is later)....

• 11. What if I am claiming for a child?

• If a child has been injured, the time limit for making a claim normally does not start until their 18th birthday. (However, you don t have to wait until then to start a claim.) Someone under 18 cannot take legal action in their own right, but must have a...

• 12. What if I am one of a group of people injured in the same way?

• If other people have been injured in the same way as you (for example, in a plane crash or by taking an unsafe medicine), it may be better for you to join with them in taking legal action. You will need to get expert legal advice about doing...

• 13. What if I am a victim of a crime?

• If you have been injured by a criminal act (for example, you were attacked), you may be able to get compensation: by claiming from the Criminal Injuries Compensation Authority; or if the court orders the person who committed the crime to pay you. ...

• 14. Further Help

• Incident Contact Centre phone: 0845 300 9923 The website of the Incident Contact Centre The Law Society Phone: 020 7242 1222 The website of The Law Society The...