If you or a loved one suffered harm due to another party’s negligence, you may be entitled to make a personal injury claim. Such claims can arise from road traffic accidents, work accidents, slips, trips and falls, medical negligence and many other circumstances.

Regardless of the type of accident and harm you suffered, there are strict time limits on personal injury claims. You typically have three years from the date of the accident to start your compensation claim, but there are various exceptions to this rule.

If you would like to find out more about the personal injury limitation period, please don’t hesitate to get in touch with a solicitor by calling 0800 678 1410 for a free consultation. You can also use our online claim form to ask for a call back.

What is the time limit to claim for personal injury after an accident?

Under the Limitation Act 1980, you typically have three years to make a claim, starting from the date of the incident that caused you harm. This time limit is also called the limitation period for personal injury claims.

You mustn’t wait too long after an accident to bring a claim. Your solicitor may need at least a few months to investigate your case and compile the evidence required to secure compensation. For this reason, many personal injury solicitors do not accept a claim with less than six months left to the limitation date.

Seeking legal advice and starting your claim as soon as possible can offer several benefits:

• It ensures you remember all crucial details about the events that led to your injury;
• That is also true for any witnesses to your accident who might testify to support your claim;
• Any evidence related to your case is more readily available and reliable;
• An early medical exam that your solicitor will arrange for you can provide a timely and accurate assessment of your injuries;
• It may lead to a quicker resolution and ensure you receive compensation for your damages as early as possible;
• It will guarantee you stay within the time limit to claim for personal injury;
• Knowing you have started legal proceedings can provide peace of mind and allow you to focus on your recovery and your loved ones.

What is the date of knowledge?

Not all personal injuries are the result of acute trauma, such as a road traffic collision or sports accident. Some may develop over time due to prolonged exposure to workplace hazards such as asbestos or repetitive strain and overuse, such as in the case of carpal tunnel syndrome.

In such cases, the time limit for personal injury claims begins from the date of knowledge of the harm you suffered. That is a legal term used to describe the moment when you became aware or should have reasonably become aware of the following:

• That you suffered an injury or illness
• The cause or source of the damage, such as potential negligence or wrongdoing by another party
• The link between the injury and the actions or failure of the responsible party
• The identity of the party at fault

In many cases, the date of knowledge will be the date of the accident. However, this could be years and even decades after the initial event or exposure, as is the case for mesothelioma or industrial deafness.

Can I claim compensation after three years?

Under exceptional circumstances, the court has the authority to extend the three-year time limit under section 33 of the Limitation Act. However, this is rare and generally only applied if the claimant has an extremely good reason for the delay. The court will decide whether it is fair and reasonable to do so by considering several factors, such as:

• The length and reason for your delay
• The extent to which this might have affected the quality of evidence
• The defendant’s conduct after the cause of action arose
• The degree and duration of any disability you suffered due to their actions
• The way you acted once you found out you had grounds to claim compensation
• The steps you took to obtain legal advice about your case

As a general rule, it is always best to assume that an extension to the three-year personal injury limitation period will be unlikely and to start your claim as soon as possible.

Are there exceptions to the limitation period for personal injury claims?

The law imposes a time limit on personal injury claims in favour of both parties. It is meant to encourage a quick resolution of legal claims and make it easier to source the evidence needed to proceed. Knowing that there is a defined period within which you must start a claim provides clarity for both claimants and defendants, preventing the prospect of indefinite exposure to potential legal actions.

While the time limit for personal injury claims is typically three years from the date of knowledge, there are several exceptions to this rule:

Claims on behalf of children

Children do not possess the well-formed judgment necessary to make decisions about a claim. Therefore, a parent or another suitable adult could claim on their behalf at any time before their 18th birthday. The three-year time limit begins once they become a legal adult, from which they can start a claim themselves at any point before turning 21. You can learn more about making a claim on behalf of children by reading our guide to child injury claims.

Mental capacity

An adult who lacks mental capacity under the Mental Health Act 1983 is regarded as a protected party. This could be due to any condition or injury, such as:

• Post-traumatic stress disorder (PTSD)
• A traumatic brain injury or stroke
• An intellectual disability like Down syndrome
• A mental health condition like schizophrenia
• A neurodegenerative disease such as Alzheimer’s

In this case, the time limit is put on hold, and a litigation friend could claim on behalf of the injured person at any time. The three-year limitation period begins if they cease to be a protected party under the Act by regaining their mental capacity.

Criminal injury claims

If you have suffered an injury due to an assault or another violent crime, the Criminal Injuries Compensation Authority (CICA) will handle your case. There is a two-year time limit to claim for personal injury through the CICA, starting from the incident date. Those who were under 18 at the time of the incident have until their 20th birthday to make a claim. If no one reported the crime to the police before the injured person turned 18, the two-year time limit begins once a police report is made.

Claims for fatal accidents

If you lost a loved one due to someone else’s negligence and qualify as their dependant, you can make a fatal accident claim within three years from the date of death. In some cases, the three-year limit may start to run from when a post-mortem has confirmed the cause of death.

Product liability claims

If you have suffered an injury due to a faulty product, such as a chair or vehicle, you are entitled to make a claim for compensation under the Consumer Rights Act 2015. There is a ten-year rule for claiming compensation for a defective product starting from the date the product was launched.

Accidents on board ships

If you suffered an accident or became ill at sea, you will usually have two years to start a claim. The personal injury limitation period may begin from the date of injury or when you leave the ship.

Aeroplane claims

There is a two-year time limit to start a claim if you have suffered an injury or illness on an aircraft. In the case of international flights, the time begins to run from your arrival to your final destination. In the case of domestic flights, you have two years from the flight landing.

Armed Forces Compensation Claims (AFCS)

Military personnel injured on duty can claim compensation through the AFCS within seven years of their accident or illness. Claims related to mental health issues such as PTSD have a seven-year time limit starting from when you first sought medical help for the condition. If you were injured while serving in the armed forces, you can also claim under civil law within three years of the incident.

Accidents abroad

Different time limits apply to accidents abroad, depending on each country’s laws. For example, the time limit for personal injury claims is one year in Spain and Thailand and two years in Ireland and Canada.

Regardless of your circumstances, you should reach out to a solicitor as soon as possible if you want to make a compensation claim. They can let you know what time limit applies to your case and help you gather everything you need to start a personal injury claim. For a free case assessment, call 0800 678 1410 today or use our online claim form to request a call back.

If you have suffered an injury and subsequent losses due to someone else’s negligence, you might want to make a personal injury claim. The solicitors we work with can help secure compensation for the pain, suffering and financial losses caused by your accident.

If you find yourself in this situation, you might be wondering how long does a personal injury claim take? Several factors influence how quickly you can get compensation, including the type of accident, the nature of your injuries and liability disputes. While straightforward cases may settle in just a couple of months, the most complex ones could take several years to conclude.

To find out more about how long it takes for a personal injury claim to settle, call 0800 678 1410 or request a call back for a free consultation with a legal adviser.

What is the personal injury claims process?

The personal injury claims process involves several stages and can vary depending on the specifics of each case. Here is a general overview of the process:

A free initial consultation

Personal injury solicitors offer a free initial consultation during which you will discuss the details of your claim. They will assess its merits and provide advice on the next steps. You can also ask any questions you might have regarding the process.

Appointing your solicitor

If you are eligible for compensation, you will be paired with a solicitor with expertise in your type of case. The lawyers we partner with work on a no win no fee basis, meaning you do not have to pay them anything unless your claim is successful.

Gathering evidence for the claim

After determining liability, your solicitor will help you gather all the evidence you need to secure compensation. You can assist by providing proof such as photographs of the accident scene and your injuries, witness contacts and medical records.

A medical assessment of your injuries

Your solicitor may also arrange a free medical exam with an independent specialist. They will provide a detailed report that will confirm the cause and extent of your injuries, your recovery prospects and future care needs. The other side may also request that their medical expert assesses your injuries.

Negotiations

Once your claim is ready, your solicitor will inform the defendant of your intentions to claim compensation. If the other party admits liability, they will enter into negotiations. The goal is to reach a fair settlement that compensates you for the pain and suffering endured, any psychological trauma, lost wages, and other expenses related to your injuries.

Settlement or court proceedings

If you reach a settlement agreement, your solicitor will review the terms with you and, if acceptable, finalise it. If you cannot settle, they may advise initiating court proceedings. The formal litigation process involves preparing legal documents, presenting evidence, and arguing your case before a judge. They will review your claim and decide if and how much compensation is owed to you.

Resolution

If your case goes to trial, a verdict will be reached based on the evidence and arguments presented. Otherwise, your claim will settle through negotiations. If you are successful, you should receive the compensation awarded to you within 2 to 4 weeks.

Each of these steps will influence how long it will take for your personal injury claim to settle. The sooner you appoint your solicitor and start gathering evidence for your case, the sooner your claim will resolve, and you can get the compensation you deserve.

What affects how long does an accident claim take?

Several different factors will influence how long it will take for a personal injury claim to settle, including:

The nature of your injuries

More severe injuries take longer to assess properly and provide the necessary medical treatment.

The circumstances of your accident

How you suffered your injuries also plays a big role in how long a claim will take. A road traffic accident where the other driver admits liability, or there have been witnesses will typically settle quicker than a case of medical negligence.

The complexity of the case

If the case involves complex legal issues or multiple parties, gathering evidence, conducting investigations, and negotiating a settlement may take longer.

Whether you know the defendant’s identity

This typically applies to hit-and-run accidents or criminal injuries where the liable party is unidentified. In such situations, your solicitor may direct your claim to the Motor Insurers’ Bureau or the CICA (Criminal Injuries Compensation Authority), both of which have their own designated timelines for conducting investigations.

The expected recovery times

Most claims do not settle until you have fully recovered or know the full extent of any permanent damage caused to you. This ensures the compensation you receive is fair and takes into account any long-term implications of your injuries.

Gathering evidence

The availability of evidence, such as medical records, witness statements and accident reports, can also impact the speed of a claim.

Liability disputes

If the other party is denying their responsibility for your injuries, your solicitor will need to gather additional evidence to support your claim. This process can take several weeks or even months, which may prolong the time it takes for your case to settle.

The estimated value of your claim

The amount of damages you are claiming for your injuries will also influence how long a personal injury claim takes. A claim valued at £5,000 will likely settle much quicker than one valued at over £1,000,000.

Settlement negotiations

If negotiations break down or multiple offers and counteroffers are exchanged, it can prolong the process. Again, this is more likely with higher-value claims.

Whether your case goes to court

If your case needs to be resolved through court proceedings, the process can take significantly longer.

Your solicitor will work hard to build a strong case and secure the compensation you deserve as quickly as possible. To get started with a claim straight away, call 0800 678 1410 or request a call back today to speak to a legal adviser.

Does the type of accident affect how long a personal injury claim takes?

Yes, the type of accident can impact how long a personal injury claim will take to settle. Some accidents may require more thorough investigations, additional expert opinions, and more complex legal processes. Others may involve multiple parties, which can also contribute to a longer claims process. For example:

Road traffic accidents, workplace accidents and public liability claims

If your claim is valued at less than £25,000 and involves a road traffic accident, an accident at work, or an accident in a public place, it will go through the pre-action protocol. That means it will initially be processed using the Ministry of Justice Claims Portal.

Under the pre-action protocol, the defendant’s insurance company has 35 days, known as the total consideration period, to review the evidence and make a settlement offer. These time limits are subject to certain conditions and may be extended.

If your claim settles through the Claims Portal and you choose to accept the initial offer, it typically takes around 4 to 9 months to finalise the process.

Medical negligence claims

Medical negligence claims are typically more complex and could take much longer to settle. Claims under £25,000 facilitated by NHS Resolution usually resolve within two years, while those worth more than £1,000,000 can take over five years to conclude.

Industrial disease claims

Industrial disease claims typically involve extensive medical evidence, expert opinions, and investigations into the work environment and exposure history. If liability is accepted, claims related to industrial diseases can be settled relatively quickly, typically between 12 to 18 months. Some cases may, however, take significantly longer. That is especially true if your employer is no longer trading or it is hard to identify which employer from your work history was responsible for your illness.

Does the type of injury impact how long it takes for a personal injury claim to settle?

The type of injury or illness developed due to someone else’s negligence can be critical for how long a personal injury claim will take. More complex and severe injuries usually need more time to assess, treat and recover before evaluating your damages.

For instance, injuries that result in long-term or permanent disabilities often involve extensive medical investigations and expert assessments to determine the full extent of the impact on your life. Your solicitor will arrange for you to have a free medical examination of your injuries. It could take a few weeks to several months to obtain a medical report which will serve as a critical piece of evidence in your claim. This process can significantly lengthen the time it takes to settle.

Furthermore, certain types of injuries, such as those caused by medical negligence or industrial diseases, may involve complex legal and medical issues. These cases require thorough investigation and gathering of evidence, including expert opinions and specialised knowledge in the specific area of law. As a result, these cases may take longer to resolve.

If you have suffered multiple injuries, your claim may also take longer. That may be the case if the secondary injury is scarring or you have experienced psychological damage due to your accident. On the other hand, a claim for a minor injury can settle within a few months. In any case, it is essential not to rush into a settlement before the extent of your injuries and future needs are fully understood.

Does a personal injury claim take longer if liability is denied?

Yes, any liability disputes will likely increase how long it takes for a personal injury claim to settle. If the defendant denies liability, they do not accept they were responsible for your accident. If this happens, your solicitor must gather additional evidence and build a stronger case to prove liability.

This situation may involve conducting further investigations, collecting witness statements and consulting with experts. The process of gathering evidence and negotiating with the other party’s legal representatives can be time-consuming and result in court proceedings if you cannot settle. In some cases, the denial of liability can significantly extend the duration of a personal injury claim.

What can I do to speed up the claims process?

There are several things you can do to improve how long an accident claim will take, including:

• Do not delay speaking to a personal injury lawyer and starting your claim. The sooner you contact a solicitor, the easier it will be to build a strong case and settle early.
• Complete the initial forms your solicitor will send to you without delay. These may include the Conditional Fee Agreement (CFA) and an instruction form.
• Be thorough and accurate when talking to your solicitor. Give a detailed account of what happened, provide requested documents promptly, and respond quickly to any questions or requests for information.
• Work closely with your solicitor and give them any information or documents they need to progress your claim. Respond promptly to their messages and attend any appointments or assessments as scheduled.
• Seek medical treatment as soon as possible for your injuries and follow the recommended treatment plan. That will show the extent of your injuries and provide essential documentation for your claim.
• Gather as much evidence as possible and keep all records, receipts, and documents related to your accident, injuries, and expenses. This will help make the claims process smoother and ensure that all necessary information is readily available.

If you are in a hurry, you may also choose to accept an early-stage offer from the defendant’s insurer. Many insurance companies offer an initial settlement that may be just enough to tempt you to settle to help themselves save money in the long run. It is not usually advised to take an early-stage offer, as your claim could be worth much more once you have all the facts. Once you have agreed to a settlement, you cannot ask for more compensation later.

Do I have to wait until my claim settles for my compensation?

No, you do not necessarily have to wait until your claim is settled to receive compensation for your damages. In some cases, if the defendant admits liability or this is clear, your solicitor may negotiate for interim payments during the claims process.

An interim payment refers to a partial award of the expected compensation that is made in advance. These can help you cover immediate financial needs caused by your injuries, such as medical expenses and loss of earnings.

However, the availability of interim payments may vary depending on the circumstances of your case and the cooperation of the other party. Your solicitor can advise whether they may apply to your situation. Usually, the court can order an interim payment if:

• The party you are claiming against admits their fault for your injuries
• There is a strong likelihood of success at trial
• You have a valid reason to request an interim payment, such as an urgent medical bill or financial hardship
• You are asking for a reasonable amount that is less than the total compensation you are seeking

To sum up, there is no one answer to the question of how long does a personal injury claim take? That will strictly depend on the circumstances of your case and the cooperation between the parties involved and could take anywhere between a few months to several years.

If you want to start a claim today or find out more about how long an accident claim takes to settle, call 0800 678 1410 today to speak to a legal adviser. You can also enter your details into our online claim form for a free case assessment.

If someone else’s actions or negligence have caused you to suffer an injury or illness, you might be able to make a personal injury claim. If you make a successful case, you can recover damages for your pain, suffering and related financial losses.

However, many people are reluctant to start legal proceedings, worrying they might have to go to court. As a general rule, this is not something you should be concerned about, as only around two to three per cent of all personal injury claims proceed to a trial.

The article below aims to clarify how many personal injury cases go to court and what happens when they do.

To find out how likely it is that you will have to argue your claim before a judge, call 0800 678 1410 for a free consultation with a legal adviser. If you prefer, you can enter your details into our online claim form to receive a call back without any obligation to proceed.

How do I make a personal injury claim?

If you want to start a claim, the first thing you should do is speak to a personal injury lawyer. They will offer you a free initial consultation to assess your case and determine who might be liable for your injuries. If your claim has merit, they will advise you on the next steps and guide you through the claims process.

Once you appoint your solicitor, they will start building your case. That involves gathering as much evidence as possible to prove liability and how your injuries have affected you. You can help by providing photographs of the accident scene, medical records and other proof of your financial expenses, such as lost income.

When your case is ready, your solicitor will contact the defendant and inform them of your intentions to claim compensation. If the other party takes responsibility for your losses, you may begin to negotiate a settlement. Otherwise, your solicitor may initiate court proceedings and argue your case before a judge. Please continue reading the sections below to learn why this may happen and how it could affect your claim.

What percentage of personal injury cases go to court?

How many personal injury cases go to court in the UK will depend on various factors. These include the nature of the case, the strength of the evidence, and the willingness of the parties to negotiate a settlement.

However, only a relatively small percentage of personal injury claims proceed to a full trial in court. Most cases are resolved through settlement negotiations between the parties involved, avoiding the need for a court trial.

According to figures from the Ministry of Justice, only around 3% of claims reach trial in the UK. Between April to June 2021, there were 395,000 County Court claims, of which 21,000 were personal injury claims. Out of the overall figure of 395,000 cases, only 13,000 went to trial.

Based on reports from NHS Resolution, the insurance company that handles all claims against the NHS, they settled 15,674 clinical and non-clinical cases in 2020/21. Of these, 11,704 were resolved without formal court proceedings, 3,914 with proceedings but without trial, and only 56 (0.3%) went to court.

What affects how many personal injury claims go to court?

As seen in the section above, most personal injury claims settle without going to court and many resolve before even issuing legal proceedings. The main reasons that determine how many personal injury claims go to court include:

• There are liability disputes, and the defendant does not admit responsibility for your accident. In this case, it will be up to a Judge to assign liability based on the available evidence.
• Liability is not disputed, but you cannot agree to your settlement. It will then be for a Judge to decide how much compensation you should receive for your losses.
• If the defendant or their insurer is unresponsive or slow to respond, your solicitor can issue court proceedings. In doing so, the other side will be legally required to respond and appoint a solicitor to represent them.
• If there are no liability disputes, but you cannot afford to cover medical treatments or your living expenses, you could apply to the court for interim payments.
• The strength of evidence supporting the claim can also impact whether the parties decide to proceed to court. If the evidence is compelling and undoubtedly supports your case, it may motivate the defendant to settle rather than risk an unfavourable outcome in court.
• Complex cases involving multiple parties, intricate legal issues, or significant damages are more likely to go to court. These cases often require a thorough examination of evidence, expert opinions, and legal arguments, which can be better addressed in a court setting.

You should keep in mind that even though you initiate court proceedings, there is still a good chance that your case will settle before the trial date.

What happens if my case goes to court?

While most personal injury claims settle out of court, it may be necessary to issue formal court proceedings in certain situations. These include cases that involve liability disputes, damages disagreements, or complex legal issues. If court proceedings are necessary, your case will be presented before a judge who will make a final decision on the outcome of your claim.

During the court process, both parties will present their evidence, witness statements, and legal arguments. Your solicitor will advocate on your behalf, and the defendant’s legal representatives will do the same for their side. The judge will carefully consider all the evidence before making a decision. Once they have reached a verdict, the judge will determine whether you are entitled to compensation and, if so, the amount you will receive.

If you go to court, your case will typically be allocated to one of the following tracks based on its complexity and financial value:

Small claims track

The small claims track is a simplified, cost-effective process for handling low-value personal injury claims. In this case, your compensation is likely under £1,500 (or under £5,000 if the claim is related to a road traffic accident). Cases in this track will typically be resolved at an informal hearing.

Fast-track claims

The fast track is designed to handle medium-value personal injury claims valued between £1,500 and £25,000 (£5,000 and £25,000 for road traffic accidents). They are subject to a simplified legal procedure and are usually heard within 30 weeks of application. The hearing usually lasts under five hours without requiring any expert evidence.

Multi-track claims

If a claim is worth more than £25,000 or is particularly complex (even if it is worth less), it will typically belong to the multi-track. These cases involve significant legal and factual issues and require more extensive preparation and court proceedings to resolve.

To find out more about how many personal injury claims go to court and what happens when they do, call 0800 678 1410 today for a free consultation with a legal adviser.

Do I need to be present in court?

Given how many personal injury cases go to court, it is unlikely that your claim will reach trial. Court hearings are rare, but if you cannot settle out of court, you may need to argue your case before a judge. You may need to present evidence to support your version of the events and be available for questioning by the other party (cross-examination).

However, you are not always required to do so. If your claim is valued at less than £25,000 and is allocated to the fast-track, either your solicitor or an appointed barrister can represent you. If your claim has been assigned to the multi-track and is worth more than £25,000, you might need to attend the hearing and respond to questions about the incident and how your injuries have impacted your life.

If your case ends up in court, your solicitor will be there to provide constant support throughout the process. They will prepare you for any questions you might face and guide you through what you need to do. Contrary to how movies and TV shows may depict court proceedings, your experience in court will be much more composed and controlled.

Will there be a jury?

No. In the UK, personal injury claims are assessed in a civil courtroom and are typically decided by a judge with no jury. That is known as a bench trial. Juries are generally only used in criminal cases and are not commonly involved in civil claims.

Although they can be stressful, personal injury court hearings are usually described as less tense than anticipated. Some claimants even find satisfaction in having their claim determined by a judge. The judge will assess the evidence, listen to witness statements, and apply the relevant laws to decide on liability. They will also determine the compensation award you should receive if your case is successful.

Will my claim take longer if it goes to court?

Yes, if your personal injury claim goes to court, it will likely take longer to resolve compared to settling the claim out of court. Court proceedings can be more time-consuming and involve various legal processes. The gathering of evidence and scheduling of hearings may extend the timeline of your case from months to potentially years.

It is essential to note that each personal injury case is unique, and how long it takes to resolve a claim can vary based on the specific circumstances and the parties involved. In some cases, going to court may be necessary to achieve a fair outcome. In others, settling out of court may be quicker and more advantageous.

Why do most personal injury claims not go to court?

There are several benefits to settling a claim out of court, including:

It saves time and money

Settling out of court is usually quicker and less expensive than going to trial. Court proceedings can be lengthy and involve significant costs, including legal fees, expert witness fees, court fees, and other related expenses. Settling out of court can help avoid these additional time and financial burdens.

It offers certainty and control

By settling, both parties have more control over the outcome. They can negotiate the settlement terms, and the agreed-upon amount is the exact sum you will receive. In contrast, taking your case to trial and leaving the decision in the hands of a judge can be uncertain and unpredictable.

It is less stressful

Going to court can be a stressful and emotionally taxing experience for all parties involved. Settling out of court allows for a more amicable resolution, reducing the emotional strain and allowing the parties to move forward more quickly.

You can resolve your claim faster

Choosing to proceed with a trial can significantly prolong the duration of your case from months to potentially years. If you seek a quicker resolution and wish to receive compensation promptly, settling your claim may be the best choice.

You can enjoy more privacy and confidentiality

When a personal injury case goes to trial, the court proceedings become part of the public record. If you prefer to keep the details confidential, you should settle without going to court. This way, you can maintain the privacy of your personal information and the specifics of your case.

How can a No Win No Fee personal injury lawyer help me?

Now that we have discussed how many personal injury claims go to court, you may wonder how a solicitor can help you during the claims process. There are plenty of benefits to using an experienced lawyer to claim compensation, including:

• They will be able to represent you if your case goes to court
• Handle all communication on your behalf
• Review any settlement offers from the defendant with you
• Help you collate evidence to build a strong case
• Arrange a free independent medical review for you
• Conduct negotiations on your behalf to secure the maximum settlement possible

The solicitors we partner with will offer you a 100% no win no fee agreement if your case has merit. This arrangement means you do not have to pay them anything upfront for legal representation. You only pay your solicitor a success fee of up to 25% of your compensation if your case is successful.

Your lawyer will also secure After the Event (ATE) insurance on your behalf. The ATE is a type of legal expenses insurance that will cover all your costs if the claim is unsuccessful, including the defendant’s expenses.

If you want to start a personal injury claim, call 0800 678 1410 today to speak to a trained legal adviser. Or you can request a call back by entering your details into our online claim form.

If you have suffered an injury or illness due to someone else’s actions, you might be wondering how to make a personal injury claim. The following guide aims to answer the most common questions about making a claim and securing the compensation you rightfully deserve.

Personal injury solicitors have extensive experience handling all types of cases, including road traffic accidents, medical negligence, accidents at work and in public places. If your claim is valid, they will offer you a no win no fee agreement, so you can benefit from legal representation without paying anything upfront or taking any financial risk.

To find out if you are eligible for compensation and how to make an injury claim, call 0800 678 1410 or request a call back to speak to a solicitor. They will assess your case for free and answer any questions you may have.

Do I have a valid personal injury claim?

If you suffered losses due to an accident that was not your fault, you might ask yourself whether you could make a personal injury claim. A legal adviser can confirm this during a free consultation over the phone. They will verify whether:

• Another person or company owed you a duty of care
• They breached their duty by acting negligently
• Their negligence or wrongdoing has caused you to suffer an injury or illness

If your solicitor believes you have a valid compensation claim, they will help assess liability and work out who you will make your claim against. Those responsible for your accident could be:

• Your employer, if you had an accident at work or industrial illness claim
• A road user, if you were involved in a road traffic accident
• The owner of a restaurant or café may be liable for food poisoning claims
• A business owner, if you had a supermarket accident or were injured in a shop, pub or other retail environment
• A hotel, cruise line or tour operator, if you were injured in an accident abroad
• The local council, if you had a pothole or pavement accident
• Product manufacturers are usually held responsible in product liability claims
• The Ministry of Defence is accountable for military injury compensation

Your solicitor will refer to the relevant legislation to prove liability and will assist you in making a personal injury claim. They will work hard to secure the best compensation on your behalf and provide help and support at every step of the claims process.

What happens when you make an injury claim?

If you want to claim compensation following an injury or illness that was not your fault, the first thing you should do is contact a personal injury solicitor. There are several stages that solicitors typically follow when making a personal injury claim:

• Work out who is liable. Identify who is responsible for your injuries or illness, such as a driver, employer, restaurant, hotel, or product manufacturer.
• Gather evidence. You can help by providing all the details you remember about the accident, including the date, location, and witness contact information. Photos and video footage can be very helpful, and medical records will be accessed with your permission.
• Assess your injuries. Your solicitor will arrange a free expert medical assessment of your injuries and their impact on your life. Understanding the long-term effects and how long recovery might take is crucial for making a claim and ensuring you receive the maximum compensation possible.
• Arrange medical care and review recovery. Your lawyer will make sure you receive the necessary medical care and rehabilitation to support your recovery, even if it requires private treatment. They will monitor your recovery progress and arrange additional medical assessments and expert opinions if necessary. If your injuries are minor, this step may not be required.
• Work out your compensation. The damages you should receive will be based on your injuries, medical expenses, lost income, travel costs, adaptive equipment, home adaptations, care costs, and other losses and expenses.
• Resolution. Negotiate a settlement with the responsible party or their insurers. If an agreement is reached, you will receive your compensation. If not, the claim may proceed to court.
• Receive compensation. After accepting an offer or a court decision, you will typically receive your compensation as a lump sum payment. In some cases, it may be managed through a personal injury trust or court bank account if needed.

These are the basic steps of making a personal injury claim. You do not have to pay anything upfront for legal representation, and you will not lose a single penny if your case fails. This is because all the solicitors we work with provide a 100% no win no fee service.

What evidence do I need for making a personal injury claim?

When making a personal injury claim, gathering strong and relevant evidence is crucial to support your case and increase the likelihood of a successful outcome. The type of evidence required will depend on the circumstances of your injury, but here are some common types of evidence that can be valuable for making a claim:

• Incident details. Keep a record of the date, time, and location of the accident or incident that caused your injury. Include any contributing factors or hazardous conditions that may have led to it.
• Photographs or videos. Take pictures or videos of the accident scene, the hazardous condition, or any visible injuries you sustained. Visual evidence can be compelling and help establish liability.
• Witness statements. If there were any witnesses to the accident, collect their contact information. Their accounts about what they saw can provide essential support for your claim.
• Medical records. Obtain copies of all medical reports, doctor’s notes, and treatment records related to your injuries. This documentation will demonstrate the extent and nature of your injuries and the treatments you received.
• Accident reports. If the incident occurred in a public place or at work, report it to the relevant party or your employer. Obtain a copy of any accident report as proof of the date, time and location you suffered your injuries.
• Financial documentation. Keep records of any financial losses you incurred due to the injury. These may include medical bills, prescription receipts, travel expenses for medical appointments, and proof of lost wages.
• Expert opinions. In complex cases, expert opinions from specialists or medical professionals may be necessary. These can help determine the long-term impact of your injuries or the cause of the accident.
• Insurance information. If the injury is related to a road traffic accident or occurred on someone else’s property, obtain the insurance details of the responsible party.
• Communication records. Keep records of any communications with the responsible party, such as emails, letters, or texts.
• Police reports. If the injury involved a criminal act, such as an assault or a hit and run, obtain a copy of the police report filed for the incident.

Common types of personal injury claims

The solicitors we partner with have extensive experience handling various cases. They can let you know how to make a personal injury claim following any type of incident, including:

• Road traffic accidents. A road traffic accident claim arises when you have been involved in a car, motorcycle, bicycle, or pedestrian accident caused by the negligence of another road user. Every 16 minutes in the UK, someone is killed or severely injured on the road. Common causes of accidents include speeding, driving under the influence, fatigue and violating traffic laws.
• Accidents at work. If you sustained an injury due to unsafe working conditions, lack of proper training, machinery accidents or faulty equipment, your employer may be liable for compensation.
• Accidents in public places. Under the Occupiers’ Liability Act 1957, you could also make an injury claim if you had an accident in a public place, such as a park, shop or restaurant. Slips, trips and falls are some of the most common accidents in public, despite being preventable.
• Fatal accidents. If you lost a loved one in an accident, you may be eligible for compensation from the responsible party. You could make a financial and loss of service dependency claim, as well as recover funeral expenses.
• Medical negligence. The negligence or incompetence of healthcare professionals such as doctors or nurses can cause injuries to patients. You may be eligible for compensation if you suffered from dental or surgical negligence, cosmetic surgery, misdiagnosis and other types of substandard care.
• Criminal injuries. If you have been the victim of an assault or another violent crime, you might be entitled to claim through the Criminal Injuries Compensation Authority (CICA). It is a government-funded scheme that compensates innocent individuals who have suffered a physical or psychological injury due to a criminal act.
• Sports injuries. Many sports have an inherent risk for injury, but that does not mean all accidents are unavoidable. If you were injured due to the negligence of another party, such as a coach, sports facility, or equipment manufacturer, you might be able to claim.

If you have suffered losses due to any of these or another accident, a personal injury solicitor can help you with making a personal injury claim. For a free consultation, call 0800 678 1410 today or request a call back.

How much time do I have to make a claim?

The time limit for making a personal injury claim is set by the Limitation Act 1980. Based on this, you typically have three years to start legal proceedings from the date of the incident or accident that caused your injury. In certain situations, such as whiplash and industrial diseases, the three-year countdown begins on the date the injury was discovered. This is called the date of knowledge.

There are several exceptions and variations to this rule, such as:

• If the injured person is under 18 years old, the three-year limitation period begins from the date of their 18th birthday. That means they have until their 21st birthday to make a claim.
• If the injured person lacks mental capacity at the time of the incident or afterwards, there is no limitation period unless they regain capacity.
• If the injury resulted from a criminal act, the time limit for claiming through the CICA is two years from the date of the incident.

Other time limits may apply depending on your specific case, so you should always contact a personal injury solicitor as soon as possible to learn more about making a claim.

How to make a personal injury claim for someone else

If a loved one has suffered an injury due to someone else’s negligence and cannot claim themselves, you could represent them in a legal case. That is usually the case if the injured person is a child under 18 or an adult who is a protected party.

The Mental Capacity Act 2005 protects individuals who lack the ability to make decisions for themselves. Under the Act, an adult is considered a protected party if they suffer from:

• Post-traumatic stress disorder (PTSD)
• A stroke or traumatic brain injury
• A mental health disorder like schizophrenia
• An intellectual disability such as Down syndrome
• A neurodegenerative condition like Alzheimer’s disease

Both children and protected parties need a litigation friend to make an injury claim on their behalf. It can be any suitable adult, including a parent, legal guardian, another family member or friend. To become a litigation friend, you must submit an application to the court, accompanied by proof that you:

• Can conduct legal proceedings in a fair and competent manner
• Have no conflict of interest with the injured person

Once the court appoints you as a litigation friend, you will have several responsibilities, including:

• Collect all relevant evidence related to the personal injury incident
• Instruct solicitors and seek legal advice
• Attend court hearings, if necessary
• Make decisions regarding the case
• Consider any settlement offers from the other side
• Sign legal documents and keep updated on the proceedings

Making a claim on a No Win No Fee basis

If you have a valid claim for a personal injury, the solicitors we work with will be able to offer you legal representation on a no win no fee basis. This type of arrangement is also known as a Conditional Fee Agreement (CFA) and means that you do not have to pay any upfront fees to your solicitor.

Instead, they will assume the risk of litigation, and you will only pay them a success fee upon receiving the compensation owed to you. By law, the success fee cannot be more than 25% of your damages for pain, suffering and past financial losses. If they fail to win your case, you do not have to pay a single penny to your solicitor.

The After the Event (ATE) insurance is essential for the no win no fee agreement. It is a legal expenses insurance that your solicitor will take out on your behalf. If you take out an ATE policy, you do not have to pay anything if your case fails, including:

• The defendant’s solicitor and expenses
• Court and counsel fees
• Medical and police reports
• Expert witness fees
• Travel expenses related to the claim
• The cost of the ATE premium

For more information on how to make an injury claim on a no win no fee basis, you can get in touch with an experienced personal injury lawyer by calling free on 0800 678 1410. Alternatively, you can fill in our online claim form to receive a call back.

Dogs and people have formed a bond, closeness and companionship for hundreds of years. With an estimated 13 million dogs in the UK, it is no wonder that the number of dog attacks has increased considerably in recent years. Police records show a 34% increase in dog attacks over the last five years alone.

But why do dogs attack? Are there particular signs we should look out for? And what should we do if a dog attacks us or if another dog attacks our dog? These are some of the questions we will answer in this article.

Why might dogs attack?

Dogs, like many animals, have a natural instinct to hunt prey. When something triggers these instincts, attacks might occur. Many factors can trigger a dog’s behaviour, and it might show levels of aggression because it feels under physical threat or trying to protect its young, territory or food.

Occasionally, a dog may attack its owner or family, seemingly without being provoked. But a dog’s mind works differently from a human’s. What we may perceive as innocent behaviour, a dog might see as a threat. This is particularly true when a stranger approaches a dog’s home or if a dog feels it needs to protect the people it loves.

There could also be a medical explanation for why a dog might attack a person. Dogs, like humans, feel emotions intensely and react on a more instinctual level. For example, if a dog has an injury or mental disturbance, it could react aggressively out of character.

What signs should you look out for that a dog may attack?

All dogs vary depending on their breed, training and how they have been nurtured, but most will give signs that they are about to attack. This may include more obvious signs such as snarling, barking, growling and showing their teeth, to its overall body language, including lunging forward and staying low to the ground. Other signs that a dog is feeling threatened or aggressive might include the following:

• Its hair standing on end (this is a dog’s way of trying to appear bigger so it is seen as more of a threat)
• Showing the whites of its eyes
• Backing away but keeping its eyes on you
• Yawning more regularly
• Moving closer to the ground (trying to hide from the potential threat)
• Keeping its head level with its body.
• Being motionless and rigid.

The dog’s owners will be best placed to recognise changes in their pet’s demeanour and behaviour. When this happens, a responsible owner should recognise that this could be a red flag. It could be that the dog is unwell and unable to communicate that, or that a change in the household feels like a threat.

The owner should take some time to assess recent changes and discuss concerns with their vet, hoping that the progression of uncharacteristic behaviours can be better managed.

In the vast majority of dog attacks, the dog will change its behaviour or appearance. This will allow you to recognise that it is uncomfortable and has an increased risk of it attacking – this would usually be apparent, even if you didn’t know the dog.

How do you avoid a dog attack?

It can be argued that the primary way of avoiding dog attacks is the dog owner’s responsibility to properly train the dog and keep it secure.

Dogs have strong senses and can identify fear, so it is extremely important to remain calm if you feel a dog may attack. Likewise, avoiding eye contact with the dog can help to defuse the situation. Dogs interpret eye contact as a sign of aggression, so you should try to remain aware of where the dog is without making direct eye contact.

To minimise the risk of a dog attacking, it is wise to present yourself as non-threatening, so shouting or rapid movements could escalate a dog’s negative reaction. The other benefit of remaining calm in the face of a potential attack is that the dog won’t expect this reaction, slowing their approach and decision-making as they try to understand why you don’t seem scared or panicked.

Once the initial height of anxiety seems to have calmed, try to assertively command your space and appear as big as possible. Again, don’t do this in a threatening way, but make decisive, bold movements and make use of any items nearby to help protect yourself or make you seem larger than you are.

In doing this, you are effectively communicating to the dog that you are in control of your area, but you have no interest in their space. The hope is that the dog will recognise that you are not a threat and will lose interest in pursuing an aggressive approach with you.

If a dog looks as though it is becoming aggressive, remember:

• Do not make loud noises
• Do not make sudden movements
• Do not smile or show your teeth (the dog will see this as you baring your teeth in an aggressive response)
• Do not make direct eye contact
• Stay calm, and don’t run away (try to back away slowly and calmly)

What should I do if another dog attacks my dog?

Dogs attacking other dogs is a relatively regular occurrence. Whilst most don’t end up being serious and are often controlled by owners, this can be a very frightening experience. If your dog is being attacked by another dog, remember the following:

• Try to remain calm. If you panic, either dog will likely notice, which could further aggravate their behaviour.
• Do not try to physically stop the fight – the likelihood is that you will be injured, and the dogs could react more severely to try to get past you and to each other.
• Instead, try to distract the dogs from a safe distance by making loud noises, clapping your hands or banging something. This will hopefully distract the attacking dog and make them lose interest, scare them or buy you enough time to move your dog to safety.
• Try to put a barrier between you and the attacking dog.
• Call your dog by name or their usual calling method. You or the other owner may have success in simply calling at the dog and commanding their attention or asserting your authority.

Although you are likely to be frightened, stressed and in shock following an attack or attempted attack on your dog, there are some further practical things to remember:

• Take the contact details of the other dog’s owner. You may need these for insurance claims, compensation claims, or to report the incident to the police.
• If available, take the contact details of anyone else who witnessed the attack.
• Take photos of the scene and any injuries that you or your dog have sustained.
• Have your vet check your dog over. Even if there are no visible signs of an injury, it is still wise to ask a vet to provide a check-up for reassurance.

Likewise, if your dog attacks another dog, stay calm and try your best to control your dog by calming it and distracting it. Be sure to provide your details to the other dog’s owner and try to treat them kindly. It is likely that you’ll both be unnerved by the experience, but your calm and reassuring manner will help you both recover and respond without escalation.

Owning a dog is a joy and comes with immeasurable pleasure. Your dog is likely to be so much more than a pet, so it’s entirely natural to be protective of it. The important thing to remember is that your dog will try to defend itself, and by physically involving yourself in any attack, you run the risk of either animal becoming more aggressive or defensive.

It is also useful to remember that dogs are not naturally inclined to attack another dog or person unless they feel threatened. Try to remember this mentality when responding to a dog attack – remove the perception of a threat, and the dog will no longer want to attack. By responding in a calm and controlled manner, you will ultimately diffuse the situation much more quickly.

You could be entitled to compensation following a dog attack

Knowing what to do if attacked by a dog can be difficult. But it’s important to remember that if you or a loved one have been the victim of a dog attack, you could be entitled to make a claim for personal injury compensation. As well as receiving compensation for your pain and suffering, you could also recover any financial losses caused by the attack, such as lost income, if you had to take time off work.

To discuss your case with a friendly legal adviser, call free on 0800 678 1410 or use our online claim form to receive a call back. If you have a valid dog bite compensation claim, we will connect you with an experienced personal injury lawyer who can provide you with a no win no fee service.

No win no fee means there are no upfront costs to start your claim, and you only pay a fee if your claim is successful. If, for any reason, your solicitor is unable to win your case, you won’t pay them a penny.

Accidents at work are unfortunately common, and they are not confined to what you may consider more dangerous working environments. Whether you work in an office, a restaurant, a factory or a building site, there is always the potential risk of an accident occurring, which could result in an injury.

If you find yourself in this situation, knowing what to do and what your employer’s responsibilities are can be confusing. In particular, when and how to report an accident at work.

In this guide, we will explore some of the main reasons why it is important to report accidents at work. We will also explain how to report a workplace accident if you suffer an injury at work.

Reporting Accidents at Work can Improve Workplace Safety

Reporting an accident, whether it be a serious one or a near miss, can be one of the best ways to ensure that the safety of your workplace is improved. In some cases, a hazard in the workplace will not be spotted through Risk Assessments and Health and Safety checks until it presents itself in the form of an accident or a near miss.

Employers with a good attitude to workplace safety will encourage their staff to raise concerns about accidents and hazards, even if they have not yet occurred, in order to prevent injuries. From your employer’s point of view, avoiding an accident altogether is much cheaper – both in time and money – than reacting to the losses and injuries that can be caused after an event.

Workplace Accident Statistics

The Health and Safety Executive (HSE) publishes yearly statistics to help businesses and employees understand why it is so important to report accidents at work to aid improvements in workplace safety. The most recent stats relating to workplace accidents in the UK in 2022 showed that:

• 123 workers died because of an accident in the workplace.
• 565,000 employees suffered injuries that weren’t fatal.
• The industry with the most reported accidents was the agriculture, forestry and fishing industry.
• Slips, trips and falls were the most common accidents that resulted in non-fatal injuries.

Reporting Accidents can be Less Costly for an Employer

The old adage of ‘prevention is better than cure’ is very appropriate when it comes to workplace safety. Most responsible business owners throughout the UK will recognise that preventing an accident will be far less expensive than addressing it once it’s happened.

The cost of responding to an accident is high on a number of levels:

• The business may have to pay for legal costs due to compensation claims made against them.
• Any compensation owed will have a financial impact on the business and will raise insurance premiums in the future.
• The cost of customer reaction can be limitless. If a business’ customers don’t trust them or judge them to have been irresponsible, the impact on orders and future business can be severe.
• Media coverage can cause irreparable reputational damage.
• The cost of fixing machinery, cleaning up the scene of an accident and replacing injured/lost workforce can financially ruin some businesses.

Because of this, sensible companies will encourage their team (and the public) to report accidents at work and will actively conduct risk assessments in the workplace regularly.

The employer should conduct risk assessments covering the working environment and specific tasks. The law requires businesses to provide a safe workplace for their staff, so companies have a legal duty to assess the potential risks in the workplace.

It would be impossible to assess and record all workplace risks. However, employers must demonstrate that they have considered all ‘reasonable’ risks and taken action to minimise the chances of a person being injured at work.

Reporting Accidents in the Workplace will Support Legal Cases

If an accident occurs in the workplace and a person is injured, it may lead to a personal injury claim being brought against the company. If this happens, it will be essential for both the business and the injured employee to provide thorough evidence to support their case.

Promptly reporting an accident at work can have a significant bearing on whether a claim can be made at all. In most cases, a person will have three years from the date of the accident or three years from the date that they can reasonably be expected to have known they were injured to initiate a claim. Either side, therefore, may draw on the reports of accidents in the workplace to prove the timeframe since the event occurred.

The information reported in the accident book can help build a picture of how the accident happened. As well as establishing what happened, it can also detail the injuries sustained, if any witnesses were present, and what action was taken.

Reporting Workplace Accidents Protects Employee Rights

If an employee suffers injuries from an accident in the workplace, they may be entitled to make a claim for compensation against their employer. As well as their legal and moral duty, an employer who reports accidents can help ensure that their employee’s rights are protected and helps to support their claim – which in turn could help with the employee’s recovery.

Is there a legal requirement to report accidents in the workplace?

As per the Health and Safety at Work etc. Act 1974, employers have a legal responsibility to provide a safe working environment and to take all reasonably practical actions to ensure that employees and customers are safe.

RIDDOR is the legislation that UK employers are obliged to observe in order to remain legally compliant in Health and Safety practices. RIDDOR stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. It details which accidents at work must be reported to the Health and Safety Executive (HSE) and within what timeframes.

If a business employs ten or more members of staff, they have a legal duty to maintain an accident book, whereby all accidents are logged, and records are kept. The accident book can be very useful in providing details of an accident, highlighting if an employer should have previously taken steps to prevent an accident and who was at the scene when the accident occurred.

Employers are legally required to report certain accidents to the HSE through written notice within ten days. If an injury lasts more than seven days, then the report must be made within 15 days.

The types of workplace accidents that should be reported to HSE under RIDDOR include the following:

• An accident or injury that resulted in the death of a person
• A fractured bone, except for fractures to the toes, fingers or thumb.
• Loss of sight, both partially or full.
• Amputations to the arms, legs, feet, toes, fingers or hands.
• Certain industrial diseases, including dermatitis, carpal tunnel syndrome, vibration white finger and tendonitis.
• Serious burns in which 10% or more of the body is affected.
• Loss of consciousness caused by a head injury or asphyxiation.
• Crush injuries that result in damage to any internal organs.

In addition to the above reportable injuries, all accidents that result in an employee being off work for seven days or more due to their injuries must also be reported to HSE.

How does a business minimise the risk of workplace accidents?

There are several ways in which a business can prevent staff and customers from being injured or suffering losses due to workplace accidents – too many to cover in this article alone. However, as a brief summary, some of the main actions can include:

• Providing thorough training to employees on how to use machinery, lift heavy items and complete other work-related tasks.
• Providing appropriate personal protective equipment (PPE)
• Responding to Risk Assessments that highlight shortfalls in equipment, practices or machinery.
• Prioritising people over profit (for example, choosing to temporarily shut down business activity in favour of repairing faulty equipment, rather than continuing to work knowing there’s an increased risk to safety).
• Continually and actively learning about best practices and implementing this within the business – sharing this information with all staff.
• Encouraging a workplace culture where safety is prioritised and thanking individuals for reporting concerns, rather than demonstrating that this is an unwanted nuisance.

How do I report an accident in the workplace?

In this article, we have hopefully demonstrated why it is important to report accidents at work – whether you suffered an injury yourself or just witnessed the event; however, it may not be clear how to make the report.

An employer committed to prioritising Health and Safety will ensure that the reporting process is shared with the workforce from induction and that the team is regularly reminded of best practices.

If you have suffered an injury as a result of a workplace accident, or if you have witnessed an accident, you should follow the steps below:

• First, get medical support if needed. The priority is ensuring that medical attention is given to anybody injured in the accident. Employers have a legal obligation to ensure they have adequate First Aid kits and trained staff to address injuries in the workplace.
• Notify a manager or supervisor of the accident as soon as possible. They will be responsible for following the reporting process and initiating the investigation into the accident.
• Record all of the details about the accident. Make a thorough and accurate written record of the accident as soon as possible, while the information remains fresh in your memory. Include information about the date, time, location, other people involved and what happened after the accident.
• Complete an accident report through the company’s accident book (or whatever the employer uses as an equivalent). If you were the person who suffered an injury because of the accident, ask for a copy of the accident report for your own records – you may need this for any future compensation claim.

If you have suffered an accident in the workplace and sustained injuries or losses because of the incident, you may be entitled to make an accident at work compensation claim.

To find out whether you might be successful in a claim, contact our trained legal advisers by calling 0800 678 1410 or request a call back using our online claim form. If you are entitled to compensation, a specialist solicitor will support you throughout the claims process with a no win no fee service.

Thousands of people are injured every year on UK roads, which means that personal injury claims for these types of accidents are very common. Sadly, over a thousand of these road accidents are fatal, despite ongoing efforts to further improve the safety of our roads.

Most road accidents can be prevented and are usually the result of negligence by a driver, local authority, construction company or pedestrian. The following guide explains the most common causes of road accidents, in the hope that this further improves safety for all road users, and helps to direct you in securing the support and compensation that may be owed to you if you have been the victim of an accident.

What are the main causes of road accidents?

Although multiple factors can combine to result in a road accident, there are a number of common root causes, as outlined below, that can lead to accidents that cause injury or loss.

Speeding

It’s unlikely to be a surprise that speeding is attributed to over 10% of road traffic accidents each year (as per stats from the Royal Society for the Prevention of Accidents). What’s more concerning is that nearly a quarter of all fatal road accidents are caused by a driver speeding.

The losses and injuries that are suffered because of speeding are avoidable. Had the driver adhered to the law, the accident could have been avoided, or at least, the results would have been less severe. Speed limits are applied to UK roads to ensure that drivers and pedestrians are safe. The legal restrictions that are applied to speed limits on roads are set by considering some of the following:

• The road type
• The number of users of that road
• Whether there is a school on the road
• The number of accidents or collisions that have occurred on the road previously.

Because speed accounts for involvement in such a high proportion of road accidents, campaigns and government activity is almost constant to remind drivers of their legal duty and the severe consequences for not observing speed limits. Through such campaigns, drivers will also be reminded of the necessity to keep a safe distance from the car in front.

Tailgating (driving too close to the vehicle in front of you) is extremely dangerous and means that should the driver ahead need to brake quickly, you aren’t allowing for a safe braking distance and therefore increase the likelihood of a collision. Sadly, this too often means that the car you collide with is shunted forward into the vehicle or obstruction that they were trying to avoid with their initial braking – with potentially catastrophic consequences.

Distractions

Drivers will be faced with numerous potential distractions while driving, some of which are unavoidable, and others are entirely the blame of the driver. Unavoidable distractions, such as external loud noises, on-street activity, wildlife and even weather, are those that a driver should be able to manage safely, despite not necessarily expecting them. Avoidable distractions include using a mobile phone whilst driving, rummaging in a bag, eating or drinking, and putting on make-up whilst behind the wheel.

The law takes the use of mobile phones and other electronic devices while driving very seriously. Even if you are caught using your phone while stationary at traffic lights, you could be given 6 points on your licence and a fine of up to £200.

All drivers have a legal duty to remain safe whilst driving and not put the safety of other road users in danger. Whilst some distractions may be out of a driver’s control, drivers must remain alert and focused on the road ahead to avoid potential dangers.

Weather

As mentioned above, weather can have a significant impact on the safety of the road and a driver’s ability to control their vehicle. The weather can impact drivers by presenting several challenges, such as changing the visibility of a road, the speed at which a road should be driven and can even make some roads impassable for a time.

Being prepared is key, and avoiding driving in poor weather where possible is advised. Local weather reports should alert drivers of any suspected disruptions or dangers, and local authorities will reiterate the suggestion of carrying additional protective measures where necessary. For example, in warm weather, it is advisable to ensure that you carry additional water – both for the driver, passengers and the vehicle. In icy weather, having extra clothing and blankets in case you break down is essential.

After snowing, roads can become dirtier, with slush carrying dirt quickly to windscreens. Drivers should regularly perform additional checks on screenwash levels to avoid visibility issues on journeys.

Tiredness

The cause of around 20% of road accidents is thought to be related to tiredness – with a driver’s ability to concentrate and react severely inhibited because they are tired.

In a society which is so busy and with drivers having multiple demands on their time, it is easy to understand how a person can become distracted and why a car often feels like the quickest way from point A to B. However, driving when tired can lead to fatal collisions and is incredibly dangerous.

Whether you are driving tired because of a tough day at work, feeling sleepy because of an illness, or drowsiness kicks in because you are working your way through a long journey, it is imperative to take plenty of breaks and to stop if you recognise that you are too tired. It is advisable to drink caffeinated drinks to help support alertness and to stop somewhere safe for a short nap if you are feeling fatigued.

Driving under the influence

Driving under the influence of alcohol or drugs is one of the most irresponsible and dangerous things a driver can do. Tens of thousands of people worldwide are injured or killed each year because the driver of a vehicle is under the influence of drugs or alcohol – which in most countries is illegal and entirely avoidable.

It is legal for a driver to have consumed a small quantity of alcohol when driving. In England, Wales and Northern Ireland, a driver can have up to 80 milligrams of alcohol per 100ml of blood and still be able to drive. In Scotland, the limit is lower, with a maximum of 50 milligrams per 100ml of blood. Further information on drink driving laws can be found here.

However, there are a number of factors that a driver must consider if drinking and driving – not least, whether 80 milligrams is appropriate for them, as some people can feel the effects of alcohol after a smaller amount. In many cases, drivers might be best placed to simply not drink at all if they are driving.

Driving under the influence remains one of the highest reasons for road traffic accidents to occur, and the law takes these offences very seriously. Those found guilty of driving under the influence can be charged with fines and receive points on their licence. Depending on any resulting collision, injuries, or death caused by drunk or drug driving, the offending driver can face a potential prison sentence and ban from driving.

Maintaining knowledge of the Highway Code

With the growing amount of traffic on UK roads, the Highway Code sometimes evolves to ensure that all users remain safe. It is a driver’s responsibility to keep up to date with changes in UK law, particularly with priorities for road use.

For example, in 2022, the Highway Code changed to reflect the need for other traffic to give way to pedestrians waiting to cross at a junction. A pedestrian has the right of way over a driver turning into a road, and should the driver choose to ignore this rule and hit a crossing pedestrian, they would be legally liable for any damages caused.

There are numerous sources of information if you would like further details on what are the most common causes of road accidents, such as police websites, The Office for National Statistics and road safety campaign groups.

If you have been the victim of a road accident and have suffered any loss or injury, you may be entitled to make a road traffic accident claim against the person responsible. A specialist solicitor will help you to understand whether you are likely to be successful in a claim and how much compensation you could be awarded for your losses.

For a free telephone consultation with an experienced legal adviser, call 0800 678 1410 or use our online claim form to request a call back. If you are entitled to make a claim, we will connect you with a no win no fee solicitor to help you get the compensation you deserve.

Accidents can happen anywhere, anytime – and workplaces are no exception. In fact, accidents at work are among the most common causes of injuries resulting in personal injury claims. But keeping your focus and doing things right could spare you the unfortunate pain and trouble of workplace injuries.

A split-second mistake can change your life forever. You don’t have to be at fault either; many work accidents can occur due to somebody else’s negligence. No matter your workplace role, you can still be in danger of an injury, such as tripping over an obstacle or suffering a repetitive strain injury.

Even though most employers will take great care in providing you with the best safety measures and a safe work environment, the unfortunate and unforeseen can still occur. Some injuries can have long-term physical, emotional, and financial effects on you.

In this guide, we will discuss the importance of understanding how to avoid injuries and what are the most common causes of workplace accidents.

Most common causes of workplace accidents

In many cases, an accident is an unfortunate freak incident that is not any specific person’s fault and could not have been easily prevented. However, sometimes accidents are caused by an employer’s failure to observe their duty of care to provide a safe working environment.

Here we will look at some of the most common accidents that happen in the workplace and could result in an accident at work claim:

Slips, trips and falls

33% of injuries in the workplace are from slips, trips and falls (excluding falls from heights). Housekeeping is one of the most important safety precautions to remove obstacles which could cause a tripping hazard.

Slips at work also happen frequently on wet floors and spillages without warning signs. With a large percentage of injuries resulting from slips, trips and falls, it’s essential to keep the workplace free from any hazards that may lead to these types of accidents.

Handling, lifting, and carrying

You may be required to move, lift or carry heavy objects in certain job roles. Your employer should provide the proper training and tools to minimise the risk of injury. You should be aware of the limits on the weight you are allowed to carry and the correct manner in which objects need to be moved or carried safely. Simply picking up one heavy object incorrectly with daily repetition could lead to permanent back injuries later on.

Training is therefore crucial in the workplace to ensure that you are not damaging your neck, back or shoulders by carrying or moving objects that are too heavy. In many industries and workplaces, such as factories and building sites, machinery is now used more frequently to reduce the strain of heavy lifting.

Struck by a moving object

You could be in danger of being struck by a moving object in almost any line of work. One of the biggest dangers is being hit by an object falling from a height, such as falling from a shelving unit. Materials can also fall from scaffolding or other platforms used to work at height.

Being struck by a moving object also includes forklift truck accidents or being hit with a trolley or pallet truck. These types of accidents can cause significant injuries and can be fatal, particularly if the moving object strikes an employee on the head.

Acts of violence

Acts of violence can be unexpected and unfortunate, but they are a common occurrence in certain industries, particularly in retail and security. Employees interacting directly with the public are at a higher risk of encountering violent situations for various reasons.

Customers could turn violent if they are unhappy with the service provided in retail shops. Security guards and door staff, in particular, may need to handle violent outbursts from members of the public. It is important for employers to provide adequate training and safety measures to help employees handle these situations safely and effectively.

Falls from height

If you work in construction, you must follow the necessary safety measures to protect yourself from falls from heights. Heights are considered as any floor level above ground level. Falling from a height could lead to serious and sometimes even fatal injuries, depending on the distance. Employers must ensure the correct safety precautions are in place to protect employees against falls.

Reporting accidents in the workplace

Your employer should have a reliable system in place for reporting accidents and injuries. The reporting system should help you to report your injury (or a co-worker’s) and potential hazards that might cause an accident.

Reporting potential risks and keeping track of accidents that have already occurred can help managers and employers conduct risk assessments more accurately. The recorded data is essential for planning the necessary changes for a safer work environment with less chance of injury.

It’s also important to record an accident in situations where you may want to pursue compensation for an injury sustained at work through no fault of your own. Failure to report your accident to the relevant person at your workplace could hamper your chance of making a successful claim.

If your employer does not have a reporting system in place, you should at least make them aware of your accident, either verbally or written, and then consult a solicitor for further advice.

Why do workplace injuries occur?

Workplace injuries occur for many different reasons, but the most likely culprit is a lack of the necessary safety precautions. Employers are responsible for ensuring the safety of their employees and should actively inform them of any potential safety or health hazards.

In larger organisations, safety officers should be on-site, and they should advise you on the safety measures needed to protect yourself against injury.

Thankfully, most employers have the necessary safety precautions in place to prevent employees from harm. However, accidents can still happen, even if you follow the correct procedures down to the letter.

According to the Labour Force Survey, 441,000 employees in the UK sustained non-fatal injuries in 2021. Approximately 51,000 of these injuries resulted in employees being absent from work for at least seven days.

How to avoid getting injured at work?

To avoid getting injured at work, following proper safety measures and training for your specific job duties is essential. Your employer should provide you with the necessary safety equipment and personal protective equipment (PPE), such as helmets, gloves, and hearing protection, to minimise the risk of injury.

In addition to following proper safety procedures, reporting potential hazards or safety concerns to your employer is also important. Conducting regular risk assessments can help identify potential dangers and implement measures to minimise these risks.

Remember, preventing workplace injuries is a shared responsibility between employers and employees. By following proper safety measures and reporting any concerns, you can help create a safer work environment for everyone.

What’s the average number of work hours lost due to accidents at work?

Workplace injuries not only cause physical and emotional harm but can also result in lost work hours and financial strain. According to the Health and Safety Executive (HSE), an estimated 28.2 million working days were lost due to non-fatal workplace accidents and illnesses in the UK in 2018 and 2019. This equates to an average of around 15 days lost for each worker who was injured or became sick.

One of the most common causes of lost work hours due to workplace accidents is musculoskeletal disorders caused by handling, lifting, and carrying objects that are too heavy or moved incorrectly. The HSE estimates that musculoskeletal disorders account for 41% of all work-related illnesses, leading to an average of 13.8 days lost per employee in the UK.

In addition to physical injuries, mental health issues such as depression, anxiety, and stress can also contribute to lost work hours. The HSE reported that these issues accounted for around 54% of all work-related illnesses in the UK in 2018 and 2019, leading to an estimated 17.9 million lost workdays.

It’s important to note that these statistics represent only the reported cases of workplace injuries and illnesses. Many workplace accidents go unreported, and the actual number of lost work hours due to workplace accidents and illnesses is likely higher.

Stay safe in the workplace

You should always be doing your utmost to keep yourself safe from injury. Although nobody expects to be injured at work, it is an unfortunate possibility. If you do happen to get injured in the workplace, no matter how minor, you should report it to your employer or safety officer to raise awareness of the hazard.

If you have suffered an accident at work, a personal injury solicitor can offer guidance and support in claiming compensation for your injuries. For a free consultation with a legal adviser, call 0800 678 1410, or fill in our online claim form if you would prefer a callback.

Do cyclists have to stop at a red light? The simple answer is yes. You can easily get fined for running a red light, stop sign, or even zebra crossings as a cyclist. Following the rules and laws of the Highway Code is extremely important and plays a significant role in keeping you as a cyclist and other road users safe (and free from paying potentially unnecessary fines).

We will shed some light on the reasons why you can get fined for running a red traffic light and how you should approach traffic lights in the UK. The UK has many special traffic lines and other signified spots for cyclists to use on the road, especially when it comes to traffic lights.

If you have been injured by a cyclist who ran a red traffic light, you may also be eligible to make a personal injury claim against them. Our guide will also explore your options for personal injury compensation.

Is it illegal for a cyclist to run a red light in the UK?

According to the Highway Code, it is illegal for any road user to run a red light, cyclists included. If you run the red light, you are not only endangering your own life but those around you as well.

According to the National Cycling Charity, cyclists sometimes feel the need to jump red lights for safety reasons. They feel safer moving into the open spaces at the junctions rather than waiting for the lights to turn, surrounded by cars. As valid as this point might be, it is still illegal, and all rules and regulations under the Road Traffic Act and Highway Code should be followed with care.

Can cyclists be fined for going through a red light?

Given that you are required by law to stop at a red light, cyclists can be issued a £50 fixed penalty notice if they are caught jumping the queue and cycling through a red light. However, if the case goes to court and the cyclist is found guilty of a more severe offense, such as dangerous cycling, the fine can be up to £1,000.

As a cyclist, you need to take extra care at traffic lights; you can’t be reckless when you see red. Forget about the legal implications – you are risking life and limb, quite literally. If you are in a hurry (aren’t we all), it is best to choose a quieter route or leave earlier. Back streets and cycle tracks are the perfect alternatives if you want to avoid traffic lights.

It is important to note that penalty points are not applicable to cyclists for jumping red lights in the UK. However, repeat offenders can still face serious consequences.

Still, statistics have shown that cyclists frequently jump red lights in the UK, with evidence of over 4,000 cyclists receiving penalty notices each year.

Do cyclists have to stop at zebra crossings?

Like all other road users, cyclists need to stop at zebra crossings if pedestrians are waiting to cross. Every pedestrian at a crossing has the right of way over vehicles and cyclists. If you are cycling or driving, you have no option but to stop.

One of the most frequent complaints from pedestrians and drivers is that cyclists run through red lights and zebra crossings. Cyclists need to keep a lookout for pedestrians and should always be ready to slow down and stop when approaching a crossing. Failure to comply may result in a hefty fine, and a potential personal injury claim made against you if you cause somebody an injury as a result.

Should cyclists go to the front at traffic lights?

Filtering past the queue of traffic to the front is legal and sometimes even encouraged with Advanced Stop Lines (ASLs). ASLs are those little green box outlines that indicate where cyclists can position themselves ahead of the lane. It is indeed safer for everyone if cyclists get through the junction first.

That said, when approaching a traffic light on a bicycle, you should shift into a gear that allows for a quick pull away. Always assume that you may need to stop, so be prepared. Never cycle recklessly to get through a green light, trying to get past it quickly before it changes.

When the light is already amber, you need to be prepared to stop at the line as you approach it. If you have already crossed the stop line while the light was green, it should still be safe to cross – quickly! Stopping too abruptly might also cause an accident, so always keep your eyes on the cars around you. It is also wise to remember that you should only cross over when the light is already green and not while changing.

If the lights are red (this should go without saying), you need to stop behind the solid white line.

What is an advanced stop line, and how do you use it?

Advanced Stop Lines are there to help keep cyclists safe. The lines were first introduced to the UK in 1986 and have proven to work exceptionally well.

An ASL shows a little box that is used for cyclists to stop in, as we have mentioned above, and an additional line for cars and other vehicles further back. There is also a reservoir area between the two lines for cyclists to make their way past waiting vehicles.

When approaching a red traffic light, you need to be careful and pass any traffic queues before stopping in the ‘bike box’ of the ASL. If you are turning left or right, you should also position yourself accordingly to the side you will be turning into.

Making a personal injury claim against a cyclist

Taking a quick walk to the shops can easily change into a harrowing experience if you’re injured by a reckless cyclist. If a cyclist was negligent and caused you injury or harm, it may be possible to pursue a personal injury claim against them.

Equally, if you’ve been injured in a bicycle accident due to a negligent driver or a pothole, you should be entitled to claim compensation against the party responsible.

Before negotiating with a third-party insurance company on your own, seek out the expert guidance of a personal injury lawyer to tackle the claim for you. This applies to any road traffic accident, including car, pedestrian, or bus accidents.

After an incident, adrenaline is likely pumping, but it is essential to try and stay calm and gather as much information at the scene as possible.

If you have been injured through no fault of your own, your compensation could go a long way to restore your dignity and amenity. The compensation amount will consider your general pain and suffering and any additional expenses, like ongoing medical treatment and loss of income.

Don’t run a red light!

Cycling is easy on the pocket (and the environment), but you should cycle with care and caution. Cyclists, drivers and pedestrians should always keep a lookout for each other, especially at traffic lights, zebra crossings and stop signs.

If you have been injured within the last three years and would like to find out if you can make a bicycle accident claim, call 0800 678 1410 to speak to a trained legal adviser. Alternatively, you can arrange your free consultation by entering your details into our online claim form.

During your free consultation, a legal adviser will ask you a few questions about your accident and injuries and will be able to advise you if you could be entitled to receive compensation.

There are a few grey areas when it comes to cycling. What is legal, and what isn’t? Which road laws apply, and how do they affect cyclists?

One of the most common questions we get asked is, is it illegal to ride a bike on the pavement? With the question the law is pretty clear – yes it is, cyclists should stay off the pavement. These public walkways are reserved for pedestrians alone. The law governing the use of bicycles on pavements has been put in place for the safety of pedestrians and cyclists. A bicycle accident on a pavement can cause significant injuries and even death.

If you have sustained an injury from a cyclist riding on the pavement, you may be eligible to pursue personal injury compensation. A cyclist using the pavement will likely be negligent by default, and a personal injury solicitor can help fight your cause.

In this guide, we will look at the law governing cyclists riding on pavements, how to stay safe and what to do if you or a loved one are injured due to a negligent cyclist.

Is there a law against cycling on the pavement?

There is not just one law, but several that prevent cyclists from using the pavement as their own personal racetrack. Section 72 of the Highway Act 1835 prohibits cycling on footpaths, which includes any path at the side of the road. Rule 64 of the Highway Code also provides clear, unambiguous instruction that ”you must not cycle on the pavement.”

Cycling on the pavement is punishable by law with penalty notices and fines. Although a cyclist can be fined up to £500, the police will usually issue a fixed penalty notice of £50 instead. The penalty notice is charged under schedules 3 and 51 of the Road Traffic Offenders Act 1988.

As you can see, the law is very clear that cycling on the pavement is prohibited. The possibility of injuring a pedestrian is just too high.

The penalty for cycling where you shouldn’t will be at the discretion of the law enforcement officer. If a police officer notices you cycling on the pavement, they could just give you a warning and advise you not to do it again. However, if you put pedestrians’ lives in danger and are a repeat offender, you could be fined or face legal action in court.

As mentioned above, a cyclist who injures a pedestrian while cycling on a pavement would also be liable if a bicycle accident claim is made against them.

Do I have to ride my bike on the road?

In the UK, all cyclists need to ride on the left-hand side of the road and never against oncoming traffic. Using cycle lanes is not compulsory, but it is the safest cycling option for both you and pedestrians. You have to cycle on the road or in designated areas for cyclists. Doing so can prevent an accident where you may otherwise be found guilty of personal injury or reckless driving.

There was no detailed information on where a cyclist should ride on the road in the first edition of the Highway Code. Cyclists would usually stick close to the curbside or on the designated cycle paths. It is now common knowledge that cyclists are allowed to ride in the centre of the road. This applies mainly to quiet roads or streets where traffic moves slower than usual.

This new law stipulates that although cyclists must ride on the roads, they now have more space to operate when cycling. Cyclists do not always want to use the road – competing against traffic and reckless motor users can be daunting. Still, more and more laws are being created to accommodate and encourage responsible cyclists.

At what age is it illegal to cycle on the pavement?

Young children learning to cycle, especially those using stabilisers or training wheels, are generally tolerated on the pavement. It is up to the discretion of the police officer to determine if a child’s cycling is considered a nuisance or a danger to pedestrians. There isn’t a specific age limit in the law for children cycling on the pavement.

However, it is generally understood that very young children, who are still learning to ride and may not be able to navigate roads safely, can cycle on the pavement. As children grow older and gain more cycling skills, they should transition to cycling on the road or designated cycling areas, adhering to the law and ensuring the safety of both pedestrians and themselves.

Why do cyclists ride on the pavement?

It may seem completely normal to cycle on the pavement, especially in quieter neighbourhoods, but cycling is not what it used to be. Bicycles are becoming more advanced – they can go faster than ever, and cyclists are constantly pushing their new gear to the limits. Although there is no stopping cyclists from enjoying their active lifestyle, they must still be responsible road users.

There may be many reasons why cyclists still ride on the pavement, even if it is illegal. Some people do not consider bicycles as roadworthy. This is a common misconception, and you should stick to designated cycle tracks, paths, and roads.

Yes, some cyclists may have a fear of the road, but there are various reasons for accidents between cars and cyclists, including poor road conditions, lack of visibility, and driver error. Running a red light or cycling recklessly can increase the risk of accidents.

Cyclists may also be tempted to use the pavement to take shortcuts. Other times, the road may just be unfit for use. Cyclists are no friends of potholes or road debris, but neither are pedestrians connecting with hightailing cyclists. Stick to the road, and navigate the obstacles with some care.

What happens if a cyclist hits a pedestrian while cycling on the pavement?

While the police might be a tad more lenient with first-time offenders, pavement cyclists can still get into a great deal of trouble if they injure a pedestrian or even if they cause damage to someone’s property. As a pedestrian, you can initiate a personal injury claim against the cyclist in this case.

Should a solicitor successfully prove that the cyclist was reckless and cycled on the pavement (which is, lest not forget, illegal), the culprit can be found guilty and fined. If a cyclist knocks down a pedestrian on the pavement, they should never leave the scene of the accident. Fleeing is incriminating at best and can lead to criminal charges.

The specific penalties, including potential prison sentences, will depend on the severity of the accident and the circumstances surrounding the incident, and will be determined by the court on a case-by-case basis. If a cyclist hits a pedestrian, they need to check if the victim is hurt and exchange contact details.

It’s also crucial to get in contact and consult with a solicitor for advice on how to handle a personal injury claim if you have been injured by somebody cycling on the pavement.

If you have been injured in an accident that wasn’t your fault and want to learn more about making a bicycle accident claim, call 0800 678 1410. Alternatively, you can request a call back using our online claim form. A friendly legal adviser will provide you with a free consultation and answer any questions you may have.