Personal Injury Claims: (including clinical negligence) :Q&A

1: What is a personal injury claim?

A personal injury claim is where a person who has suffered a personal injury due to the negligence and / or wrongful act of a third party is entitled seek compensation. The compensation includes a claim for general damages and special damages for the injury suffered. Special damages include loss of earnings if the injury has caused the person to be unable to work and other financial loss and general damages is compensation for pain and suffering (including physical and psychological injury) where appropriate and loss of amenity.

2: What types of incidents can lead to a personal injury claim?

Personal injury claims can arise from a variety of incidents, including road traffic accidents, slip and trip accidents, workplace accidents, product defects, and assaults. Essentially, any situation where a third party's negligence or intentional actions cause injury to another person may result in a personal injury claim.

For medical cases the claim is called a clinical negligence claim for example for a misdiagnosis, negligent medical treatment by a GP or hospital (or negligently performed operation) which causes physical and /or psychological injury.

3: How long do I have to file a personal injury claim?

The time limit for filing a personal injury claim, according to the Limitation Act 1980, is three years from the date of the alleged negligence or injury or three years from the date of knowledge of such injury arising from the alleged negligence.

4: What should I do immediately after an injury?

After an injury or alleged clinical negligence, you should:

1. Seek medical attention immediately, even if the injury seems minor. In a clinical negligence claim, seek a second opinion.
2. Document the incident by taking photos, collecting contact information from witnesses, and keep records of any related expenses for example receipts etc.
3. Report the incident to the relevant parties, such as your employer for workplace injuries or the property owner for slip and trip accidents or the relevant local authority and or raise a complaint with your GP or Hospital
4. Consult with your solicitor to seek legal advice on how to proceed with a claim.

If you have any questions or need assistance with making a personal injury claim, please don't hesitate to contact our Client Relations team at 01603 693510 or via email at enquiries@clapham-collinge.co.uk. Our dedicated team is committed to providing support and guidance throughout the process.