Personal injury refers to any injury caused to an individual's person, as distinct from their property. This injury can be physical or psychological.

A personal injury claim is a legal attempt to seek recompense from the person whose negligence caused your injury. It seeks to establish that the person being sued was at fault – that they were responsible for your injury and the suffering it has caused.

If the claim makes it to court, a judge will listen to the evidence and decide who was at fault. If it's found that you were wronged and that your injury was the responsibility of the defendant, the judge will then calculate an amount of compensation to be given to you.

What are some examples of personal injury claims?

A personal injury claim can range in severity from cuts and bruises, to broken bones, to life-changing, life-threatening injuries.

Common scenarios are:

1. Road traffic accidents. (Whiplash, for instance.)

2. Accidents at work. This could be anything from a hernia to an injury caused by falling or broken equipment.

3. Accidents on public property or business premises. This could be a trip or fall caused by broken tarmac, potholes or uneven paving.

4. Exposure to harmful substances. A notorious example of this is asbestos, a mineral that was used widely in construction work before 2000. It was found in many public buildings and still causes thousands of deaths each year in the UK.

5. Clinical negligence. This is when an individual suffers as a result of medical carelessness. Examples include misdiagnosis, mishandling of childbirth and surgical errors.

The above examples all centre on physical injuries sustained as a result of another person or organisation's negligence. However, many personal injury cases seek damages for both physical and non-physical harm. The mental distress caused by one of the above can also be taken into consideration.

This is distinct from claims for non-physical injury caused by defamation. In this instance, damages are sought as recompense for emotional distress and lost income caused by hurtful words.

The common thread in all of the above is that the injury sustained wasn't your fault. This has to be established fully and clearly before you receive any compensation, and the process of establishing this is a major part of a personal injury solicitor's work.

How do personal injury claims work?

If the accident happened in the last three years and you believe it wasn't your fault, you can consider making a personal injury claim.

The claimant must be over 18, although a friend or family member over 18 can claim on your behalf.

The first step is to get in touch with a specialist personal injury solicitor. Places to look are the Law Society and the Association of Personal Injury Lawyers (APIL), both of which can help you find an accredited, specialist solicitor.

What time limits are there?

Usually, court proceedings must be issued within three years of the date of accident or injury. In some exceptional circumstances, a court will set aside this time limit.

Either way, it's in your interests to make a claim as soon as is feasibly possible to give yourself the best chance of success.

It's worth pointing out here that most personal injury claims don't make it to court, with some estimates putting it at around one per cent.

How can you pay for legal action?

Some insurance policy providers can help with legal expenses – this includes house contents policies, car insurance, and travel insurance. If you're a member of a motoring association like the AA or RAC, you might be able to get legal advice from them in the event of a traffic-related injury.

Another way of paying for legal action is through what's known as a "conditional fee agreement", popularly known as "no win, no fee". This means you won't have to pay your solicitor if you lose the case – but you may still have to cover the defendant's expenses. Usually, this cost is reimbursed by an insurance provider. If you win, then your solicitor's fees and expenses are paid by the defendant.

Finally, some trade unions may agree to instruct a solicitor on your behalf free of charge. This could be a route for you if your claim relates to unsafe working practices or another issue with your employer such as discrimination in the workplace.

How is compensation calculated?

A key question when seeking legal redress for a personal injury is how much compensation you'll be awarded in a successful case.

The answer is that it depends. The judge decides according to judicial precedent – meaning how much has been awarded in similar cases – and judicial guidelines.

A personal injury solicitor will value your claim according to these same precedents and guidelines. This gives you an idea of what you can expect in the event of a successful claim.

At Milners, our personal injury solicitors are experienced in all manner of personal injury and accident claims, and we have a proven track record in winning compensation on a no win, no fee basis. Get in touch today to book a free consultation.