Your Guide to Making a Compensation Claim

Making a compensation claim if you have been the victim of an accident can often be a daunting task. If you were not responsible for your accident or illness, Irwin Mitchell could help you claim financial compensation from the person or organisation responsible. Before making a compensation claim, you may have a number of questions. Our expert legal team is standing by to discuss your case further, and you may also find the following information useful:

Have I got ground for a compensation claim?

For you to be awarded compensation in a civil case (a non-criminal case) you must prove that the individual or company responsible for your injury or illness is at fault. Your compensation claim will usually be successful if you can prove they have been negligent in their duties towards you. For example, your employer could have breached health and safety laws, leading to an accident at work. In this instance, they have failed in their duty of care towards you, and would potentially be ‘liable’.

In all cases, the outcome of your compensation claim will rest on proving that your injury or accident was at least ‘probably’ caused by your employer or other third party.

Medical reports will be used to assess the ‘damage’ (either physical or psychological) caused to you as a result of the accident. That is why it is important to seek medical advice as soon as you have been involved in an accident, or as soon as the ‘damage’ manifests. Irwin Mitchell’s team of expert lawyers will work with you to ensure a good indication of the likely outcome of your compensation claim. We may also base this outcome on medical evidence.

How long do I have to make my compensation claim?

Your compensation claim must usually be made within 3 years of the accident or injury occurring. Any longer than this and you may not be able to bring your claim for compensation to court.

In some instances, for example industrial diseases, you should aim to make your claim within 3 years of first becoming aware that you are suffering from a disease or injury. It may even be worthwhile discussing you claim with Irwin Mitchell if this 3 year time period has elapsed. Sometimes a court may decide that proceedings can occur if you have good grounds for not pursuing your compensation claim initially.

How much compensation can I expect?

In general, the more severe your accident or injury, the greater the damages awarded to you, but as you would expect, every compensation claim is different. If medical evidence suggests that your condition may progress and become worse, you may receive more compensation.

Irwin Mitchell Solicitors has extensive experience in compensation claims of all types. We draw upon this wealth of knowledge and our previous cases to give you the best indication of the compensation package you can expect. 

Bear in mind that ‘other’ expenses, such as travel to a hospital, projected nursing care or alterations to your home as a result of your injury may all be classed as additional compensation or ‘special damages’. These will also be awarded to you if your claim is successful.

How long do compensation claims usually take?

Your compensation claim will vary in time as a result of several factors. These are:

• How long it takes to establish liability. If there is undisputable evidence that a third party was to blame for your accident, your compensation claim will usually be quicker. If your opponent disputes this liability, you case may take longer to resolve.
• The severity of the injury or accident.

For these reasons, we generally cannot give a definitive answer to the question of ‘how long’. However, drawing on our vast experience, less serious cases in which a third party is liable usually take between 12-18 months to conclude. For cases of a more serious nature, especially when liability is disputed by the third party, time frames of a few years or more can be common.

If you would like to contact our team of personal injury lawyers, simply complete our personal injury claim form and we will contact you to discuss your compensation claim further.