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

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.

Yes, 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 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.

Your claim will cost you nothing at all if we are unsuccessful as you will be protected from having to pay any legal costs in those circumstances. If we are successful with your claim you will be asked to make a contribution towards your legal costs out of your compensation but this will be capped at no more than 25% and you will therefore recover at least 75%.