Types of personal injury claim

If a loved one has died following any kind of accident where they were not wholly at fault, then certain relatives of the person who died may be able to bring a claim for damages.

  • The first stage is to establish that somebody else was wholly or largely at fault for causing the accident.
  • Once fault is established, limited dependents of the deceased are able to make a claim for bereavement damages, currently set at £12,980.
  • Those entitled to claim include a husband or wife of the deceased and the parents of a child under the age of 18.
  • Any parent of a person over 18, children of a deceased parent and other relatives of the deceased are not entitled to bereavement damages but may pursue a claim for loss of dependency.
  • Any person dependent upon the deceased may be entitled to damages for the loss of that dependency, plus any losses arising from the death including the funeral costs.
  • Those entitled to claim is extended to include an ex-husband or wife, current and ex-civil partners, anyone living with the deceased as a husband or wife for at least two years prior to the death, a parent of the deceased, a person who was treated by the deceased as their parent, a child of the deceased, or even a brother, sister, uncle, aunt, niece, nephew or cousin of the deceased who is able to show any loss of dependency.
  • Loss of dependency is the damage caused to the dependants and may include the funeral costs, loss of financial support, care costs and the costs of raising children.

Some of the more common types of claim include:

  • Serious road traffic accidents causing the death of a driver, passenger, cyclist, or pedestrian
  • Accidents at work, often involving the use of heavy machinery, defective equipment, following a fall from height, or falling objects
  • Accidents on construction sites or following exposure to harmful substances
  • Accidents in public places, such as falls or where there has been a catastrophic failure of equipment or buildings
  • Accidents involving public transport
  • Assaults and other criminal acts leading to the death of the injured person

Road traffic accidents remain the most common cause of personal injuries, ranging from relatively minor whiplash injuries with symptoms lasting a couple of months to catastrophic and life changing injuries or even the death of the person involved in the accident.

  • M R Law will help you to establish if somebody else was wholly or largely at fault for causing the accident.
  • The fault could lie with the driver of another vehicle involved in the accident or for injured passengers, the driver of the vehicle in which they were travelling.
  • Each case may be dependent upon the facts but an accident may have occurred for any number of reasons ranging from someone driving too fast, failing to pay attention, ignoring traffic signals, not breaking fast enough, failing to leave sufficient stopping distance, or even a vehicle being defective or due to potholes in the road.
  • It is still possible to pursue a claim even where you are unable to establish the identity of the driver responsible for the accident or whether they had any suitable insurance.

Some of the more common types of claim include:

  • Whiplash injuries to drivers and passengers caused by rear end shunts
  • Severe injuries and death following high-speed collisions
  • Injuries to cyclists and motorcyclists following collisions with vehicles
  • Claims for pedestrians knocked down whilst using pedestrian crossings
  • Claims for passengers travelling on public transport
  • Injuries caused by the use of defective vehicles
  • Injuries to cyclists, motorcyclists or other motorists caused by potholes or defective roads
  • Claims against uninsured and untraced drivers under the relevant schemes operated by the Motor Insurers Bureau (MIB)

Despite continued improvements in health and safety procedures, workplace accidents are still commonplace. The consequences can be devastating for the injured person as the injuries are often severe, particularly if the accident involved the use of heavy machinery or dangerous equipment. An accident may lead to a prolonged absence from work with ongoing injuries and a potential loss of income.

  • M R Law will help you to establish if somebody else was wholly or largely at fault for causing the accident.
  • Each case may depend upon the facts, but some examples of establishing fault include where an employer has failed to put into place a safe system of work, provide suitable and sufficient lifting equipment, provide adequate training, supervise other employees or is responsible for the accident in some other way.
  • The injured person may work in any position within a company, be it as a permanent or temporary employee, self-employed or as a contractor for another company, working full or part time hours.
  • When pursuing a claim against any employer, they are likely to pass it to their insurer at an early stage, therefore keeping to a minimum the employer’s involvement in the claim.

Some of the more common types of claim include:

  • Injuries arising from the use of defective or dangerous machinery
  • Accidents involving vehicles such as forklift trucks, articulated vehicles, cranes, etc.
  • Falls from height or articles falling causing serious injuries
  • Slips or trips on debris or dangerous floor surfaces
  • Injuries arising from lifting or manual handling, accidents in the construction industry
  • Exposure to harmful substances
  • Employees exposed to violent attacks by patients, customers or inmates

If you have slipped or tripped over, any injuries suffered can be severe. Often it is possible to avoid such accidents if pavements and other flooring are maintained in a safe and reasonable condition. The consequences of any accident may be severe, with ongoing injuries leading to continued financial losses.

  • M R Law will help you to establish if somebody else was wholly or largely at fault for causing the accident.
  • This may be reasonably straightforward if the accident happened at work or on privately owned land, but sometimes more difficult if it occurred on a public footpath.
  • To establish a claim, it is necessary to show that whoever is responsible for maintaining the area in which the accident occurred had failed to meet their obligations for keeping the area safe.
  • A claim may lie against a Public Authority responsible for maintaining the pavement if a pedestrian trips over a raised paving slab or on uneven ground.
  • Alternatively, a claim may lie against an individual or company if you have slipped or tripped inside a building or within their grounds, such as slipping on spillages on the floor in a supermarket.
  • Where an employee slips or trips whilst at work, an employer becomes responsible for dealing with the claim.

Some of the more common types of claim include:

  • Severe injuries to pedestrians, particularly the elderly, caused by slipping and tripping on broken and uneven pavements
  • Injuries to pedestrians after tripping over raised utility grids
  • Slipping over frayed carpets or on wet or dirty flooring in shops, hospitals, schools, playgrounds, sports centres, etc.
  • Employees slipping or tripping at work due to obstructed walkways or on uneven ground
  • Claims by tenants after tripping in the common parts of homes, arising from a lack of maintenance by the Management Company

Any product available for purchase must be of satisfactory quality and safe to use. Sometimes products may fail even when being used in the way recommended by the manufacturer. This can lead to severe injuries to the person using the defective product.

  • M R Law will help you to establish that the product was defective, that the defect caused the injury and the injuries did not arise by misuse of the product.
  • The Consumer Protection Act 1987 imposes strict liability on the producers of all products, so that when someone suffers an injury or dies following the use of a defective product, it is possible to seek compensation without having to show the producer was negligent.
  • It is possible to claim against any number of companies or individuals associated with a particular product, i.e. producer, importers, suppliers, etc.
  • The injuries may have arisen after using any kind of product from food, cosmetics and medication to furniture, toys and even the supply of blood is covered.

Some of the more common types of claim include:

  • Claims involving defective appliances, machinery or equipment
  • Injuries arising from playing with defective toys
  • Potentially defective breast implants
  • Cases involving damage to the hair and scalp suffered in hairdressing salons
  • Injuries and medical conditions arising from unsafe medical products
  • Injuries caused by defective and exploding bottles or cylinders

Holidays should be an opportunity to escape from the stresses of daily life but unfortunately, accidents and problems can occur. Sometimes, this can result in severe injuries and possible immediate financial expense to pay for treatment and to return home.

  • M R Law will help you to establish if somebody else was wholly or largely at fault for causing the accident.
  • If the incident occurs whilst on holiday in England or Wales, we will deal with your claim as with any other personal injury claim.
  • If your holiday was abroad, it is still possible to bring the claim in England or Wales if tour operators were responsible for organising the holiday. If you purchased any kind of package deal, you should be able to pursue the tour operator for financial compensation.
  • It is their duty to provide well-maintained hotels, to ensure that the accommodation is safe and hygienic, that tours and excursions are safely organised and that you do not suffer food poisoning because of a dirty and poorly maintained restaurants at the hotel.
  • If you have not purchased a package holiday and it is not possible to bring a claim in England and Wales, the situation is more complicated.
  • If you are pursuing a hotel owner or tour operator in another country, shorter time limits for starting your claim and different procedures may apply, so you should seek immediate advice.

Some of the more common types of claim include:

  • Slipping on defective or badly maintained flooring or stairs in hotels
  • Injuries from participation in organised sporting activities
  • Claims arising from food poisoning and poor standards of hygiene
  • Road traffic and other accidents on organised excursions

Serious assaults or injuries caused by terrorist attacks are thankfully extremely rare, but if they arise, the consequences can be devastating for the injured person and their loved ones. There may be a need to pay for ongoing treatment and care or it may be impossible for the injured person to return to work.

It is possible to seek financial compensation, although it is unlikely to lie against any individual or company.

  • It is possible to make a claim for financial compensation to The Criminal Injuries Compensation Authority (CICA).
  • Even if you have suffered an injury arising from an assault or from a criminal act of any kind, it does not mean a claim automatically arises. The fault must lay with somebody else and the CICA will take into account the victim’s conduct.
  • An award of compensation is not necessarily dependent upon the identification or conviction of a perpetrator for a criminal offence.
  • The injuries may have arisen directly from physical or sexual abuse, rape or other types of assault or indirectly, such as after being struck by an assailant fleeing the scene of a crime.
  • There is a tariff for awards of damages of anything up to £500,000 for the most serious cases, to include any claim for losses of earnings, care costs, treatment charges or other expenses.
  • The maximum time limit for an application to the CICA is 2 years from the date of the incident or from when the person bringing the claim first became aware of the injury.

Some of the more common types of claim include:

  • Applications for compensation for victims of physical assaults, rape or other violent criminal acts
  • Compensation claims for victims of psychological and sexual abuse
  • Severe injuries arising from a car deliberately driven into a victim by an unidentified driver.

Employers have an absolute responsibility to protect their employees from exposure to harmful conditions leading to work related illnesses and diseases. Where this protection is insufficient, the consequences can be severe with employees suffering devastating symptoms from exposure to substances such as asbestos or developing illnesses due to inadequate safety procedures.

On some occasions, the illnesses may not develop until years after the exposure, sometimes leading to difficulties in identifying those responsible.

  • M R Law will help you to establish if somebody else was wholly or largely at fault for causing the accident.
  • The important points are to establish a link between your work environment and the medical condition and that your current or former employer failed to protect you.
  • Your position within the company is not a factor. You may be a permanent or temporary employee, self-employed or a contractor for another company, working full or part time hours.
  • The time limit for bringing most injury cases, including industrial disease claims is usually three years from the date it is first realised or suspected that an illness has arisen from your employment or three years from the onset of any symptoms.
  • However, often industrial disease claims arise from exposure to substances many years ago, often in former employment where symptoms may then have laid dormant for many years and only in later life have symptoms then arisen.

Some of the more common types of claim include:

  • Claims arising from exposure to asbestos
  • Industrial diseases arising from the inhalation of toxic fumes
  • Occupational asthma
  • Vibration white finger
  • Industrial deafness claims

Every year thousands of people suffer injuries after being involved in accidents in public places. These accidents may range from tripping or slipping on a poorly maintained floor to a failure to repair and maintain equipment, causing injury to the user.

  • M R Law will help you to establish if somebody else was wholly or largely at fault for causing the accident.
  • To bring a claim, it is required to show that those responsible for maintaining the area in which the accident occurred had failed to meet their obligations for keeping it safe.
  • This could be due to a failure to inspect the area at regular intervals, failure to maintain or repair equipment used on land under their control, lack of cleaning or maintenance, lack of supervision, unsafe practices taking place or for some other reason.
  • A claim may lie against the occupiers of buildings and landowners if the accident occurred in property or land under their control. All owners and occupiers of buildings and other areas open to the public have a duty to ensure they are in a safe condition for public use.
  • A claim may lie against the Local Authority if the accident occurred in a location for which they are responsible for the upkeep, for example pavements, play areas, schools, etc.

Some of the more common types of claim include:

  • Playground and play area accidents caused by faulty equipment or lack of supervision
  • Tiles and brickwork falling from buildings or collapsing walls
  • Trips caused by defective pavements
  • Trips and slips in premises such as schools, shops, leisure centres and the like
  • Accidents at private residences or council owned properties
  • Accidents at holiday and leisure parks

Due to the physical nature of many sporting activities, injuries are commonplace. There is an understanding by participants, particularly in contact sports that there are risks involved in taking part in an activity. However, incidents can occur where participants sustain injuries due to conduct falling outside of the usually accepted risks or spectators suffer injuries due to inadequate crowd controls.

The consequences can be devastating for the injured person, with a requirement to undergo ongoing treatment and possible prolonged absences from work leading to losses of earnings.

  • M R Law will help you to establish if somebody else was wholly or largely at fault for causing the accident.
  • Injuries arising from the normal playing of the game or even from carelessness or errors of judgement may not lead to a claim, although each case is dependent upon the facts.
  • A claim may be more likely if proving recklessness or malicious conduct on the part of participants, for example a dangerous tackle in football or rugby.
  • Any level of participant, from park playing amateur to professional may be entitled to claim.
  • If attending a sporting event, you should be able to watch without any fear or risk of sustaining an injury due to inadequate safety measures or insufficient crowd control leading to potentially dangerous overcrowding.
  • Often, it will be those arranging or supervising the sporting activity held responsible if they have failed in their duty of care, with their insurers dealing with any compensation payment.

Some of the more common types of claim include:

  • Injuries suffered due to reckless, malicious and violent conduct by competitors
  • Inadequate instruction, training, supervision or lack of control by referees
  • Defects in the playing surface or unsafe facilities or sporting equipment
  • Injuries during school sports and activities
  • Spectator injuries due to unsafe seating, shelter or inadequate lighting
  • Insufficient or non-existent crowd control causing crushing injuries due to overcrowding

Unfortunately, attacks by dogs are relatively common, particularly on children or individuals visiting people at home as part of their employment. A dog attack can cause horrendous injuries, such as permanent scarring, disfigurement or even fatalities.

  • M R Law will help you to establish if somebody else, usually the dog owner, was wholly or largely at fault for causing the accident.
  • It is often easier to pursue if you can show a dog has a history of violent or aggressive behaviour, yet the owner failed to minimise the risk of an attack by using a muzzle or a lead.
  • For this reason, it is important to report all dog attacks to the police or local dog warden, to raise awareness of a potentially dangerous animal.
  • Some dogs are automatically considered dangerous. Under the Dangerous Dogs Act 1991, owners of breeds such as Pit Bull Terriers, Japanese Tosas, Argentinean and Brazilian Mastiffs are required to keep their dog on a lead and muzzled whenever in public.
  • The dog must also be tattooed, chipped, insured and registered on the index of Exempted Breeds. If such a dog attacks, a claim is possible even if it displayed no previous sign of aggression.
  • To make a claim the dog owner’s name and address are required, and importantly, whether the owner has insurance against any claim as this may dictate whether there is a means to pay any award of compensation.

Some of the more common types of claim include:

  • Attacks on people delivering to homes or business addresses, such as postal workers
  • Attacks on those working at the home of a dog owner, such as Carers and maintenance personnel
  • Injuries suffered by children left in control of dogs
  • Dog bites on pedestrian and runners in parks
  • Claims for Criminal Injuries compensation following the criminal use of a dog as a means of attack

If you or a loved one has suffered a catastrophic injury, such as an injury to the spine, brain, amputation or severe burns arising from an accident, the consequences are likely to be severe. There may be a requirement for months of rehabilitation, retraining and even 24-hour care, all at considerable financial cost, during a period when there is likely to be a prolonged absence from work.

  • M R Law will help you to establish if somebody else was wholly or largely at fault for causing the accident.
  • In a catastrophic injury claim, an insurance company may be more liable to deny liability due to the financial consequences involved.
  • The injury may have arisen due to the negligence of an employer, as a driver, passenger or pedestrian involved in a road accident, injuries following an accident on land owned by a Local Authority or private company or even following a physical assault.
  • In larger injury cases, investigations into the cause and extent of the injuries may take some time to resolve due to the seriousness of the ongoing symptoms.
  • The investigation will look into the requirements of anyone catastrophically injured in an accident, from past and future losses of earnings, care costs, specialist rehabilitation and housing needs to the expense of a case manager, all with the intention of ensuring the injured person returns to a reasonable quality of life.

Some of the more common types of claim include:

  • Spinal injuries and paralysis
  • Brain and head injuries
  • Severe burns and scalding injuries
  • Amputations and limb loss
  • Loss of sight
  • Catastrophic injuries resulting from falling from heights or crushing injuries

Where a baby or child (a person under 18) suffers an injury in any kind of accident, it is possible to pursue a claim for financial compensation, although different rules apply in such cases.

  • M R Law will help you to establish if somebody else was wholly or largely at fault for causing the accident.
  • If a child wishes to pursue a claim, it is a requirement to appoint a parent or guardian to represent them as a Litigation Friend.
  • Any appointed Litigation Friend must not be somebody responsible for causing the accident. Thus, a father responsible for a road traffic accident in which their child was injured cannot then act for the child as their Litigation Friend and somebody else will need to be appointed.
  • Upon the conclusion of a successful claim, it is a requirement to have any award of damages approved by a Judge at court to ensure the settlement is in the child’s best interests.
  • Any damages then awarded to the child are held in court upon their behalf, accumulating interest until the child reaches 18.
  • The court may be prepared to release some of the funds at any time before the child reaches 18, but only if there are compelling reasons to do so.
  • If a child suffers an injury and a Litigation Friend does not pursue a claim upon their behalf, the injured person then has up to 3 years from the date of their 18th birthday in which to bring a claim.

Some of the more common types of claim include:

  • Children injured in road traffic accidents as a pedestrian, cyclist or a passenger in a vehicle
  • Sporting accidents
  • Accidents at nursery, school or college
  • Tripping and slipping accidents
  • Accidents in public places such as supermarkets, leisure centres, restaurants, etc.
  • Injuries arising after playing with defective toys or using other products
  • Accidents in part-time or temporary employment