Personal Injury Compensation: what can I claim for?

Have you been involved in an accident or developed a work related illness that was someone else’s fault? You may be entitled to personal injury compensation.

Edwards Duthie Shamash have expertise in handling all types of personal injury and industrial illness cases and are passionate about recovering the maximum amount of compensation for innocent people.

What are the types of personal injury damages?

In all personal injury cases, if you are successful, you will receive one total sum of money made up of two separate types of damage. The types of damages are as follows:

General damages

This is a sum of money that you receive to reflect the pain and suffering that you have experienced and the impact the injury or illness has had and will continue to have in the future. The sum of money that you may receive will depend on various factors including the seriousness of the injury and whether a recovery has been made. General damages are generally calculated upon the level of pain and suffering you experience.

In relation to general damages, independent medical evidence will be obtained to support this part of your claim. Personal injury damages can also include the psychological impact that may have developed because of an accident or industrial illness. Edwards Duthie Shamash will arrange for such independent medical evidence to be obtained on your behalf.

Special damages

The second type of damage or monetary award in personal injury compensation claims is known as special damages. These losses cover any out-of-pocket expenses that you may have incurred as a direct result of the accident or will continue to incur in the future. These will include loss of earnings and all financial losses such as potential loss of pension, all medication expenses such as prescriptions, painkillers and medical treatment, and travelling expenses to hospital/GP/physiotherapy.

Within a claim for special damages, it is also possible to recover an element known as care and attendance. This relates to any care and attendance you may have required because of your ongoing symptoms. For example, you may need assistance from family members to perform basic household and domestic chores and activities. Potential adaptations that may need to be made to your home can also be included in a special damages claim.

The amount of special damages you recover may depend on your ability to return to work or whether you require any rehabilitation, care or medical treatment in the future.

In some cases, you may be entitled to claim a sum of money to reflect the fact that your injuries have left you at a disadvantage on the open labour market. Therefore, you may be able to recover compensation to reflect the fact that if at some stage in the future you lost your present job, you may be at a disadvantage because of your injuries in obtaining alternative employment. This is known as a Smith v Manchester award.

What is my time limit for making a personal injury claim?

The general time limit for proceeding with a personal injury claim is usually three years from the date the accident or injury occurred, or three years from the date of diagnosis in industrial disease claims.

The three-year limitation date states that court proceedings must commence within this period, otherwise your claim may be deemed to be out of time. For claimants under the age of 18, the three year limitation date will not commence until they have reached the age of 18. As there are strict time deadlines in place, we recommend that you contact us about any personal injury claim as urgently as possible.

How is my claim funded?

We handle all personal injury cases on a conditional fee (no win, no fee) agreement basis. We provide straightforward, clear advice about how your claim will be handled. We aim to recover the maximum amount of compensation on your behalf as swiftly as possible, and have expertise in handling all types of personal injury cases including:

For free legal advice in respect of personal injury claims, please contact us on 020 8514 5035 or email Bradley Wright, our Personal Injury expert at bw@edslaw.co.uk.

Bradley Wright

Personal Injury Blog