If you have suffered an injury or illness that is caused or made worse by somebody else, you will be able to make a personal injury claim against them to obtain compensation and damages. That somebody could be a person, a business or an organisation.

How much compensation am I entitled to for a personal injury claim?

Each personal injury claim is different and the amount of recoverable compensation will depend upon the severity of your injuries, whether you are partly responsible for the accident, how much you have lost in earnings and whether you have made a recovery or whether you require further treatment.
 
Please click our personal injury compensation calculator to obtain further information about personal injury damages.
 
If your claim is successful you will receive one total sum that is arrived at by combining two heads of damage, namely general damages and special damages. General damages is an award of money that is given to you purely in relation to the injury you have suffered and takes into account pain and suffering, loss of amenity, severity of injury and whether any ongoing treatment and care is required.
 
Special damages are all those losses and expenses you have incurred as a direct result of the accident including loss of earnings, loss of pension, medical treatment, ongoing care and rehabilitation, travel expenses and modifications to your home.

Time limits for bringing a personal injury claim

You usually have three years in which to make a personal injury claim. This is usually three years from the date of your accident or three years from the diagnosis of a workplace illness. On occasions, the three year period will also run from the date on which you learned that your injury or illness was caused by somebody else. 
 
There are some exceptions to the above period, and therefore it is best to get in touch with us as soon as possible. This will give our personal injury solicitors every opportunity of obtaining the relevant evidence that they need to successfully make your claim. We will be able to advise you of the exact legal deadline and will still be able to help you if the deadline is approaching.

What can I claim for?

You can claim damages to reflect the injury that you have sustained.  This is known as general damages and takes into account pain, suffering, loss of amenity, how seriously injured you are and whether you have made a full recovery or not.
 
Any compensation claim would also include any financial losses you have suffered including loss of earnings, loss of pension, costs of medical treatment and travel expenses and costs of any rehabilitation and care, if needed.

Can I be dismissed for making an accident at work claim?

Most employers will understand that workplace accidents take place, and they should have insurance in place to cover claims.  However, if your working life becomes extremely difficult because you have made a claim, you may wish to obtain advice from one of our expert employment law solicitors.
 
Your employers cannot legally dismiss you simply because you are pursuing an accident at work claim.
 
An employer will have a legal duty to take care of your wellbeing whilst you are at work by providing safe equipment, a safe system and place of work, and adequate training. 

Can I claim if my employer blames me for the accident?

You will still be able to claim, depending on the allegations that they make against you.  Sometimes employers argue that you were partly to blame for the accident, but the onus will be on them to prove this allegation. 

Can I be dismissed for making an accident at work claim?

Most employers will understand that workplace accidents take place, and they should have insurance in place to cover claims.  However, if your working life becomes extremely difficult because you have made a claim, you may wish to obtain advice from one of our expert employment law solicitors.
 
Your employers cannot legally dismiss you simply because you are pursuing an accident at work claim.
 
An employer will have a legal duty to take care of your wellbeing whilst you are at work by providing safe equipment, a safe system and place of work, and adequate training. 

How much can I claim for asbestosis and mesothelioma?

Our expert personal injury solicitors can advise you on what your claim is worth.  The amount you can claim depends upon which asbestos related illness you have been diagnosed with.  Individual circumstances such as age, life expectancy and the severity of your illness will also have a bearing on the level of damages you may receive. 

What criminal injuries can I claim for?

If you have been a victim of a violent crime you may be able to recover compensation for some of the following:

• assault including ABH and GBH
• threats of violence that have caused psychological injuries
• a loved one being murdered
• domestic abuse

How much compensation will I receive?

Compensation for CICA (Criminal Injuries Compensation Authority) claims is set at fixed levels and depends on the severity of the injury and the type of injury.  You can claim for up to three injuries through the CICA.

1. You will receive 100% of the compensation for the most serious of the injuries.
2. 30% of the compensation award is for the second most serious injury.
3. 15% of the compensation award is given to the third most serious injury.

The minimum amount of compensation the scheme awards is £1,000.00 and the maximum amount is £500,000.00 which relates to the most severe injuries.

Compensation can also be provided for loss of earnings and expenses.

What is a serious injury?

Serious injuries are those which will have a long-term effect and are life-changing.  Compensation for these injuries must take into account:

• rehabilitation needs
• long-term care and support
• loss of earnings and pensions if you are no longer able to work or cannot perform the same job
• moving to a new home or making adaptations to your existing home

How long will the claim take?

Serious injury claims usually take a few years to bring to a conclusion.  However, it is possible for us to obtain interim compensation payments before the conclusion of your claim, to help pay for any treatment you require.  These payments are available if the responsible party admits fault for your injury.  The final settlement will depend upon a number of factors including whether you have made a full recovery or not.  Our specialist lawyers will make sure that your compensation is calculated to take into account all relevant factors.

What can I claim for?

The value of your claim depends on a number of factors but generally there are two categories:

1. Compensation for your Personal Injury
2. Compensation for your financial losses

We will help you understand the likely level of compensation you could receive providing:

• A full assessment of the extent of your injuries:
• The type of injury sustained
• Your symptoms and their duration
• Advice on what can be claimed for

How much will it cost me?

There are many ways of funding your personal injury case and we will advise you of the best option. We offer a genuine “NO WIN NO FEE” agreement and if you choose this arrangement you should have nothing to pay if your claim is unsuccessful.

We will also consider obtaining an insurance policy to be in place to pay your opponents costs should you be required to pay anything. If there is ever a situation whereby you may be required to pay something you will be advised of this possibility well in advance so that you can avoid it arising should you wish to do so.

Why choose Edwards Duthie Shamash

We handle your claim on a No Win No Fee basis which means that if your claim is unsuccessful you will not be responsible for any of our legal costs.  We will help you obtain compensation to take care of your future care, any adaptations and equipment you need, and rehabilitation and treatment to help you to recover from your injuries.