If you’re involved in an accident and suffer a bodily injury, you could be compensated for your suffering if the accident was somebody else’s fault. In this guide, we’ll explain how bodily injury claims work, the types of accidents that may result in a claim and we’ll also consider how much compensation is paid for bodily injuries.
If you’re thinking of claiming bodily injury compensation, our team is ready to help. They will review how you were injured during an initial consultation. You’ll be under no obligation but you will receive free legal advice about your options. If your claim appears to be suitable, we’ll refer you to one of our personal injury solicitors. Importantly, if they accept your claim, you’ll only pay their legal fees if you receive compensation because they’ll act on a No Win No Fee basis.
Please continue reading to learn more about the types of bodily injury claims that could be made. If you’d rather speak to a specialist right away, please phone us on 0800 6524 881 today.
Table of contents
- What Are Bodily Injury Claims?
- Am I Eligible To Make A Bodily Injury Claim?
- Common Types Of Accident Claims Involving Bodily Injuries
- Examples Of Negligence Leading To Bodily Injury Claims
- How Much Compensation Will I Get For A Bodily Injury Claim?
- Bodily Injury Claims Compensation Calculator
- Evidence To Support A Bodily Injury Claim
- Time Limits For Bodily Injury Claims
- Starting The Bodily Injury Claims Process
Bodily injury claims are a form of personal injury claim. They are usually made against an individual’s or company’s insurance policy if you’ve suffered bodily injury in an accident that was not your fault. Some of the injuries that typically lead to a claim include:
Even if your injury is not listed here, we could help you to make a bodily injury claim if you’ve suffered in an accident that somebody else caused.
Our personal injury solicitors can only start a bodily injury claim where there is a fair chance of compensation being paid. Therefore, to begin with, they’ll check whether:
- The party you blame (the defendant) owed you a duty of care; and
- Through an act of negligence, the defendant caused an accident; and
- You sustained a bodily injury during the accident.
Legislation is used to establish a duty of care in many bodily injury claims. For example, the Road Traffic Act 1988 might apply in a car accident claim or the Health and Safety at Work Act 1974 might be used in a workplace accident claim. You don’t need to read through all of the relevant laws before claiming as this is something your solicitor will do for you. Instead, you can help by securing evidence to prove how your accident happened. This is something we’ll look at later in this guide.
Our solicitors can help with several different types of accident claims involving bodily injuries including:
Essentially, you could be compensated for any type of accident caused by another party’s negligence.
To provide some idea of when you could be compensated for a bodily injury following an accident, we’ve listed some examples below:
- Where you’re injured as a passenger in a car crash caused by another driver who was reading a message on their mobile phone.
- If you tripped on a pothole on a public highway because the council were negligent and failed to maintain the path properly.
- Where your child sustained injuries because they fell from damaged playground equipment.
- If you injured your back at work because your employer failed to train you in lifting techniques.
- If you fell in a supermarket and suffered a concussion because stock items were left unattended on the floor.
- Where you trapped your hand after a broken chair collapsed in a restaurant.
If you’re not sure whether you have the grounds to make a bodily injury claim, please call our team today and we’ll review your case for free.
When filing a compensation claim for a bodily injury, you’ll usually base your request on any pain and suffering (general damages) as well as any associated costs (special damages).
Each bodily injury claim is unique but, generally, you could be compensated for:
- Any physical pain at the time of the accident and during your recovery.
- Distress, depression, anxiety and other forms of mental injuries.
- Loss of amenity i.e. how your hobbies or social activities have been affected by your injuries.
- Lost earnings. Also, future loss of earnings may be claimed if your injuries will affect your income in the long term.
- The cost of a professional carer. Alternatively, a value could be calculated for the time a family member spent caring for you.
- Travel costs linked to your bodily injury.
- Physiotherapy and private medical treatment costs.
- The cost of replacing damaged property.
- Home modifications to improve your quality of life if you’ve been left disabled.
It’s important to consider every aspect of your suffering as you can only claim once for the specific injury. Therefore, our solicitors always work hard to try and secure the highest level of compensation possible for their clients.
During any bodily injury claim, the extent of your injuries will need to be determined as this is one of the key criteria used to calculate any settlement amount. Therefore, your solicitor will book an appointment for an independent medical assessment. During the meeting, a medical expert will talk to you about how your injuries have affected you, examine the current state of your injuries and review any medical notes available to them.
Following the meeting, a report will be created to document your injuries and prognosis. This report will be forwarded to all parties involved in your claim.
As discussed previously, the amount of compensation awarded for bodily injuries is based on their severity. That means that, at this point, we can’t say exactly how much any settlement could be worth. However, our compensation calculator gives some guideline compensation ranges to give you some idea of the value of your injuries:
If your claim is taken on, your solicitor will explain the potential value of your claim once they’ve reviewed your claim in full.
Most insurers will refuse to immediately pay compensation when a claim is filed with them by default. Therefore, a strong case must be presented to prove how your bodily injury happened, who caused it and how much you’ve suffered. In bodily injury claims, the types of evidence that can help include:
- Photographs of the accident scene. The most helpful photos are those taken just after the accident happened.
- Details of anybody else who was present when you were injured in case your solicitor requires witness statements.
- Copies of dashcam or CCTV footage if your accident was recorded on camera.
- Medical records and X-rays from the hospital where your injuries were treated.
- Evidence of any costs you’ve incurred because of your injuries including receipts, bank statements or invoices.
- A copy of an accident report form to help prove when and where your accident occurred.
Please let us know if you’ve collected any evidence already and we’ll look through it as part of your free initial consultation.
A bodily injury claim has a 3-year time limit. This will either start from the date of the accident or the date of knowledge (if you didn’t find out about your injuries until a later date).
Importantly, bodily injury claims involving children do not have a time limit. A guardian or parent could therefore make a claim as a litigation friend on the child’s behalf so long as they start before the child’s 18th birthday.
Because bodily injury claims are assessed thoroughly before they are taken on, it is very rare for them to end up in court. Our solicitors will always try to deal with the defendant’s insurers to reach an amicable settlement out of court. In our experience, a very small percentage of claims need to go to court where an agreement cannot be reached over liability or the settlement amount.
If you have decided that you’d like to begin a bodily injury claim, please go ahead and call our team on 0800 6524 881 to start the process. Whatever you decide to do, you’ll receive free expert advice and your options will be explained during your call.
If your claim proceeds, your solicitor will represent you on a No Win No Fee basis meaning you’ll only pay their fees if you are compensated. All in all, that should make your claim a lot less stressful.
Please use our live chat service to ask any other questions you may have on making a bodily injury claim.