McPartland Solicitors outline what you need to know when making a personal injury claim.

How to Make a Personal Injury Claim

Nobody expects to get injured and if they do, it can be a real shock to the system. If you have sustained an injury as a result of someone else’s mistake or negligence, you may be entitled to claim compensation. This process will allow you to seek compensation from the other party who was responsible for your injury.

When making a personal injury claim, there are two criteria which must be met:

1) The injury sustained was not your fault

2) Your injury was caused due to someone else’s negligence or rash behaviour

It is important to note that every personal injury claim is different and so, it is important to seek expert legal advice when you choose to pursue a claim. Here, we outline what you need to know when making a personal injury claim. 

What is a Personal Injury Claim?

A personal injury claim is a legal process which gives a person the opportunity to claim compensation if they get injured in an accident that wasn’t their fault.  Personal injury refers to physical or psychological injury or illness caused by another. If the claim is successful, it will result in financial compensation for the injured party.

What Injuries Can I Claim For?

There are a number of different ways a person may suffer a personal injury and for which you able you pursue a claim, these include:

  • Road Traffic Accidents – (whether you’re a driver, pedestrian or passenger)
  • Work Place Injuries (including work-related illnesses)
  • Faulty Goods or Services
  • Medical Negligence (including hospital and medical treatment errors)
  • Holiday Accidents
  • Injuries Resulting from Criminal Offences such as Assault

How Much Compensation Will I Receive?

The amount of compensation you will receive from your personal injury claim will depend on your injury or illness, its effect on your life and the severity. As each claim is different, it is difficult to predict the amount of compensation a person will receive. However, there are two types of compensation within a personal injury claim:

  • General damages to compensate for the pain and suffering of your injuries and the impact they have had on your life
  • Special damages to reimburse you for any financial losses incurred as a direct result of the accident

At H McPartland and Sons, our experienced personal injury solicitors will assess every aspect of your claim to ensure you are fully compensated. In addition to general damages, your solicitor will take special damages into consideration. These may include any lost earnings, medical care costs and daily extra expenses incurred as a result of the accident.

How Do I Know I Qualify to Make a Claim?

Anyone can make a personal injury claim if they have been injured as a result of someone else’s negligence. People tend to dismiss their injuries and don’t realise how serious they are. However, you have had to take time off work to recover or are still seeing a doctor, it is likely that you can make a claim. The best way to find out if your claim is eligible is to contact us and talk to one of our solicitors who have extensive experience in personal injury claims. We will listen to your situation and give you advice based on your individual claim, providing you with the support and help you need. 

Is There a Time Limit?

Yes, you have three years from the date of the injury, when you originally noticed it or were first diagnosed. There are a couple of exceptions to the three-year limit including psychological trauma whereby the claimant suffered a brain injury that seriously impaired their function. Additionally, a parent or guardian can claim on behalf of a child until they are 18.

At H McPartland & Sons, our team of personal injury experts are experienced in assessing potential claims and can assist you with any questions you may have. If you or someone you care about has experienced a personal injury and you think you may have a claim, contact us today and talk to a member of the team to find out how we can help you.