Personal Injury Solicitors

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 solicitors offer 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.

What is a personal injury claim?

A personal injury claim  is 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.

What are General Damages in Personal Injury?

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.

What are Special Damages in Personal Injury?

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.  These losses can be both past and future, and are intended to address all financial needs that are likely to arise for the rest of your life.

If successful, a court will order compensation to be awarded to you from whichever party is responsible. Or an out of Court settlement will be reached with the Defendant’s legal team which will involve the claim being resolved amicably without the need for the Court’s involvement.


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 errors 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.


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 include if the claim involves children or if the Claimant lacks mental capacity to deal with their own affairs.


In order to prove a personal injury claim, it is important to collate as much evidence as possible to support your claim.

The types of documentation you will need to provide to your personal injury solicitor may include:

  • Photographs of the accident location
  • Photographs of your injuries
  • Any written reports from where the accident took place or if the police attended
  • Documentation you have from any witnesses

Not only will such evidence help to add weight to your claim, but they can also come in handy if any issues arise later down the line, such as the Defendant denying liability.


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.


The length of time it takes to complete a personal injury claim entirely depends on the complexity, severity, and unique nature of each case.

As a rough estimate, claims may take anywhere from 6 – 12 months to complete, providing the defendant admits liability. If liability is disputed or the injuries are complex the time it takes to conclude the claim may be considerably longer, and claimants should keep this in mind throughout the process.


The amount of compensation you will receive is largely dependent on the extent of your injuries and resulting financial losses. 

Awards of compensation can vary from thousands of pounds to six-figure sums. Our specialist solicitors will be able to provide you with a realistic estimate of what level of compensation you might expect to receive.


You do not have to pay tax on any compensation received through a personal injury claim.

However, if you have received state benefits as a result of the injuries from your accident, and you then go on to recover compensation for the same injuries, then the Department for Work and Pensions are entitled to  recover those benefits from part of your compensation.   We will advise you  on whether there will be any element of repayments from your compensation.


In order to win a personal injury claim and receive compensation, you need to be able to prove that the accident was caused as a result of the Defendant’s negligence, and that you have suffered avoidable injury and losses as a result.

You therefore cannot claim compensation if the accident was entirely your fault.  

However, it can be difficult to determine who was at fault, and  our expert solicitors will give you straightforward advice on liability for your accident at the outset.


It is unlikely that your personal injury claim will have to go to Court  and only a very small percentage of cases, will get as far as an actual trial.

If your claim does go to court, you will be expected to attend the hearing in person but we will ensure that you will be represented by an experienced Barrister on a no win no fee basis. 


To determine whether you have a  worthwhile claim, you  need to speak to an  experienced lawyer  who specialises in personal injury cases.  As long we believe that you have a better than 50% chance of success then we will commit to representing you on a “no win no fee” basis.

We understand that getting back to a normal life is likely to be your main priority following  an injury. Our solicitors will work tirelessly to recover the compensation that you need 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  focuses on bringing a claim against  whoever is responsible for your injury and supporting your recovery in the process.

 If we take your case on a No Win No Fee basis this will minimise 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.


The right legal expertise is crucial to the success of your injury claim. Offering a partner-led service dedicated entirely to those clients who have suffered an 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,  and via telephone or email. We can even visit you at home or in hospital if the circumstances call for it.

Our  personal injury specialist team’s expertise is  endorsed by the Legal 500, which recognises legal excellence. Describing our personal injury team, it states that:

Smith Partnership‘s David Clark is the ‘one of best in Derby for claimant personal injury work’, and is routinely sought after for workplace accidents and industrial disease claims. 

Extremely easy to work with and communication with expert and client is excellent. Extremely thorough. Highly recommend them to all.

Unique is a strong word, but the Smith Partnership ranks high among the firms of solicitors. Their instructions are always clear and to the point. Unlike some other firms that I have had dealings with, they are easily accessible by telephone and they acknowledge correspondence by return.

The Legal 500, 2023

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 or complete our contact form.


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

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.

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.

You should try to ensure that any accident or injury has been recorded by your employer in an accident book. You should then contact your solicitor as soon as possible to seek legal advice and you should write out a straightforward account of what happened while the events are still fresh in your mind. You may have a claim for this  so long as under the law your accident has been caused or even partially caused by the negligence of your employer or by your employer’s breach of health & safety legislation. We can assess this at an early stage.

No, your compensation is tax free, although you can only recover loss of earnings net of income tax and national insurance.

This varies considerably depending on several factors, including how cooperative the defendant and their insurers are, and whether they are prepared to admit liability for your claim at an early stage, but also depending on your recovery period and length of time that it takes to obtain the full medical evidence to support your case. On average, and depending on these factors, most cases take anything between six months and three years to conclude, although complex cases can take longer than this if they proceed all the way to a court hearing.

A success fee is the element of legal costs that we are entitled to charge if we win the case, to compensation us for having taken a risk that we would not be paid if we had been unsuccessful. It is the success fee that you are asked to contribute out of your compensation as we are no longer able to recover that element of legal fees from the defendant, even if we win the case, because of legal changes made by the government in 2013. The Success fee is capped at 25% but may be less depending on the risks associated with your claim and/or the amount of work we do to finalise it.