Claim injury compensation

Personal injuries can have a significant effect on your day-to-day life. Aside from the pain and trauma caused by the incident, it could also lead to a loss of income, private medical costs and other unexpected expenses. Making a personal injury compensation claim can go a long way in easing that burden, helping you get back up on your feet as soon as possible.

Smith Partnership's expert personal injury team offers extensive experience dealing with personal injury cases of all kinds, having helped secure millions of pounds' worth of compensation to date. Listed in the Legal 500 and as members of the Association of Personal Injury Lawyers, we can advise you on the best course of action to suit your circumstances. Get in touch with us today.

Common types of personal injury

There are many examples of personal injuries that may entitle you to compensation depending on the circumstances. Examples of this include injuries relating to:

  • Industrial diseases including hearing loss or respiratory problems resulting from your work environment
  • Asbestos-related disease
  • Road traffic accidents, for example those involving a vehicle, cyclist or pedestrian
  • Medical negligence (also known as clinical negligence), including misdiagnosis, delayed diagnosis, surgery and GP negligence
  • Serious injuries including brain trauma, head injury advice, spinal injuries and fatal accident claims
  • Accidents at work, including slips and manual handling injuries
  • Accidents in public places, including claims against a local council

While not exhaustive, the list above shows the variety of cases in which you may be able to make a claim for compensation. If you've been affected by a personal injury due to someone else's negligence, get in touch with our expert personal injury lawyers to see what we can do for you.

What is a personal injury claim?

Personal injury claims are aimed at securing compensation for those affected by an illness or injury that has been caused or worsened as a result of someone else's negligence. Compensation claims are usually broken down into two parts – general damages and special damages. 

General damages rely on expert medical reports, the facts of the case and judicial guidelines to determine how much pain, suffering and loss of amenity you may have sustained as a result of the incident. These damages also consider recovery time and the nature of the injury as well as expert opinions on the matter.

Special damages concern the losses or expenses you have incurred as a result of the incident. This could include loss of earnings in the case that you are left unable to work, travel expenses, damage to possessions and the cost of medical treatment. In serious injury cases, special damages can also extend to future loss of earnings, loss of pension, necessary adjustments to your home and ongoing medical care.

If successful, a court will order compensation to be awarded to you from whichever party is responsible.

What are the criteria?

Your case must meet the following criteria in order for you to be able to bring a claim for compensation. To be successful, the incident must have:

  • Occurred within the last three years
  • Taken place as a result of someone else's negligence or fault
  • Resulted in the injuries you have sustained

Exceptions to these rules may be made on rare occasions. For example, a claim may be subject to longer time limits if it involves children or head injuries that result in damage to a person's mental capacity.

The exact circumstances vary from case to case, and there is a need to fully understand the scope and factual evidence surrounding the incident. Consulting a legal expert can go a long way in determining the course of action that's right for you.

What happens next?

Drawing on extensive experience in dealing with personal injury cases, our solicitors understand that making a claim may seem like a daunting prospect. For that reason, we work to provide you with peace of mind throughout every stage of the process.

Once we receive your instruction, we begin by assessing your needs and objectives. From there, we make an informed decision as to whether your case can be successfully pursued. We then gather the relevant evidence, notify the party responsible and discuss your case with them. 

If the accused party admits liability, we negotiate a settlement that fairly compensates you for your injury. In the case that the other party denies responsibility, we will initially pursue a just settlement through negotiation. There may be a need to involve the court in cases where the two sides cannot come to an agreement.

The success and duration of your case will depend on various factors, but our experts will work to fight your corner and keep you informed every step of the way.

How much compensation will I receive?

The amount of compensation you will receive is largely dependent on the extent of your injuries and the circumstances leading up to them. As such, there is no single estimate that is applicable to every case. 

Depending on the case, mild injuries may be awarded several thousands of pounds while severe cases may be settled at a six-figure sum. Our specialist solicitors will be able to provide you with a realistic estimate of what you might expect to receive.

How we can help

We understand that getting back to a normal life is likely to be your main priority following a personal injury. For that reason, our legal team works tirelessly to win you the compensation needed to do just that.

As one of the East Midlands' leading law firms, we focus our legal services entirely around the needs of our clients. Our straight-talking, no-nonsense approach can help you successfully bring a claim against those responsible for your injury, supporting your recovery in the process.

Depending on the case, we may be able to pursue your case on a No Win No Fee basis, minimising any financial risk to you. For further information about No Win No Fee agreements and the other funding options available to you, please refer to our Personal Injury Funding Information Sheet and Legal Expenses Insurance Information Sheet.

Why choose Smith Partnership?

Enlisting the right legal expertise is crucial to the success of your personal injury claim. Offering a partner-led service dedicated entirely to those who have suffered a personal injury, our service is characterised by its exceptional practicality and accessibility. 

Our experts are on hand to advise you throughout our offices in Derby, Leicester, Burton upon Trent, Swadlincote and Stoke-on-Trent, as well as remotely via telephone or email. We can even visit you at home or in hospital if circumstances call for it.

Our team's expertise is backed by the likes of the Legal 500, which recognises legal excellence on a global scale. Describing our Personal Injury team, it states that:

Smith Partnership fields a ‘well-respected’ personal injury team that ‘provides excellent client care’ under the leadership of practice head David Clark, who has particular strength in asbestos claims. It also has a specialist clinical negligence department with Martin Bradbury at the helm. Road accident and criminal assault injury specialist Simon Rowley ‘has a very strong ability of putting clients at ease’. Associate partner Anna McLeod and ‘very experienced’ solicitor Patrick Booth, who ‘is meticulous in his approach to cases’, are also noted. Recent stand-out instructions include advising the widow and beneficiaries of the estate of a former client who died of mesothelioma and whom the team had advised on a compensation claim.

- Legal 500

Contact our team today

To find out how our expert team of solicitors can help you, contact us today on 0330 123 1229, send us an email via info@smithpartnership.co.uk or complete our contact form.

FAQs

Yes, we will always offer you a free initial interview and free initial advice, even if we then conclude that for whatever reason we are unable to take up your case on a ‘no win no fee’ basis. It will therefore never cost you anything to seek initial advice from us and you have nothing to lose in doing so.

Yes you can, if it appears that your parent may have been injured as a result of an avoidable incident or accident whilst being cared for. If your parent is still mentally competent they would need to make their own decision as to whether they wish to pursue a claim for compensation. If your parent’s mental condition means that they cannot make decisions for themselves, then you can certainly pursue a claim on their behalf.

This is a government funded scheme designed to compensate the innocent victims of any violent crime for their injuries. If you have been the victim of an assault or of any incident which has caused you physical or psychological harm as a result of a crime you must report it to the police as soon as possible and then cooperate with any police investigation. You should then seek legal advice as soon as possible as there is a strict two-year time limit to submit an application to the relevant government department, which is known as the Criminal Injury Compensation Authority.

Yes, depending on whether any problems that you have experienced or injury that you have suffered can be proven to be a result of negligence on the part of a therapist. This is an increasingly common issue and you should always seek professional legal advice to assess whether you have the basis for a claim in these circumstances.

Yes, potentially you can, depending on the cause of any injury and whether it may have been caused or contributed to by negligence on the part of your hairdresser. Seek legal advice at an early stage and make a note of what happened, in particular take note of any products that were used on your hair which may have caused you a problem.

Yes, potentially you can claim compensation in these circumstances, depending on the cause of your illness. It is easier to claim if you have been ill while on an all-inclusive package holiday. Again, you should seek legal advice at an early stage to determine whether you do have a viable claim in these circumstances.

The first thing to do is to make sure that you have taken a note of the other driver’s full details, including their name and address, their registration number and their insurance details if possible. You should then notify your own insurers that you have been involved in an accident and you should contact your solicitor to seek legal advice at an early stage. As your insurer will advise, on no account should you admit liability for the accident at the scene, even if you think that it may have been your fault - you could be mistaken