When you’ve suffered a personal injury and decide to pursue a legal claim, you place your trust in a solicitor to represent your best interests. However, there may be instances where your personal injury claim is struck out, leaving you feeling frustrated and unsure of your options. In this comprehensive guide, we will explore the steps you can take to claim against your solicitor if your personal injury claim is struck out.

We will discuss the potential compensation you can claim, the validity of your claim, statistics for personal injury claims in the UK, how to recover following an accident, average compensation payout amounts, case study examples, understanding liability in injury claims, seeking immediate medical attention after an accident, time limits for making an injury claim, the role of expert witnesses in injury claims, and understanding contributory negligence.

How Much Compensation Can I Claim?

One of the first questions that may come to mind when considering a personal injury claim is how much compensation you can claim. The amount of compensation you can receive depends on various factors, including the severity of your injuries, the impact on your daily life, and the financial losses you have incurred as a result of the injury. It is important to note that each case is unique, and the compensation amount will vary accordingly. To get a better understanding of the potential compensation you can claim, it is advisable to consult with a qualified personal injury solicitor who can assess the specifics of your case.

Personal Injury Claim is Struck Out: Do I Have a Valid Claim?

Before proceeding with a claim against your solicitor, it is crucial to determine whether you have a valid claim. Validity is determined by several factors, including:

  1. Duty of Care: Your solicitor must have owed you a duty of care, meaning they had a legal obligation to act in your best interests.
  2. Breach of Duty: You must establish that your solicitor breached their duty of care by acting negligently or making errors that affected the outcome of your personal injury claim.
  3. Causation: You need to demonstrate that the solicitor’s negligence directly caused harm or resulted in your personal injury claim being struck out.
  4. Damages: You must have suffered actual damages, such as physical injuries, financial losses, or emotional distress, as a result of the solicitor’s negligence.

To determine the validity of your claim, it is advisable to consult with a professional negligence solicitor who specializes in personal injury claims. Personal Injury Claim is Struck Out:

Statistics For Personal Injury Claims In The UK

In the year 2022/23, 68 members of the public were killed in work-related accidents in the UK 1. Over the long term, the rate of fatal injury to workers showed a downward trend, although in the recent years prior to the coronavirus pandemic, the rate had been broadly flat. The current rate is similar to pre-pandemic levels 1.

In terms of non-fatal injuries, according to self-reports from the Labour Force Survey in 2022/23, 561,000 workers sustained a non-fatal injury 5. Furthermore, 60,645 employee non-fatal injuries were reported by employers in the same period (RIDDOR) 5. Prior to the coronavirus pandemic, both the rate of self-reported non-fatal injury to workers and the rate of non-fatal injury to employees reported by employers showed a downward trend. The current rates are similar to the 2018/19 pre-coronavirus levels 5.

These statistics are crucial for understanding the state of workplace safety in the UK. They highlight the importance of implementing robust safety measures and enforcing stringent regulations to prevent workplace accidents and injuries.

Fatal Injuries

Over the long-term, the number of fatal injuries to employees has substantially reduced. For instance, in 2022/23, there were 68 fatal injuries among workers 1. The main types of fatal accidents included falls from a height (40 incidents), being struck by a moving object (29 incidents), and being struck by a moving vehicle (20 incidents) 1.

Non-fatal Injuries

On the other hand, non-fatal injuries have seen a significant decrease over the years. According to the Labour Force Survey in 2022/23, 561,000 workers sustained a non-fatal injury 4. Furthermore, 60,645 employee non-fatal injuries were reported by employers in the same period 4.

Work-Related Illness

As for work-related illness, the rate of total self-reported work-related ill health (including both new and long-standing cases) has declined from the level seen in the 1990s. However, the rate of self-reported work-related stress, depression, or anxiety had shown signs of increasing in the recent years prior to the coronavirus pandemic 2.

In 2022/23, the rate of total self-reported work-related illness was higher than the 2018/19 pre-coronavirus level, driven by a higher rate of self-reported work-related stress, depression, or anxiety. For self-reported work-related musculoskeletal disorders, the rate in 2022/23 was similar to the 2018/19 pre-coronavirus level 2.

Comparison with Previous Years

To compare these statistics with previous years, we can refer to the Health and Safety Executive’s report on workplace injury for 2020/2021. In this period, a total of 441,000 working people sustained an injury at work, and 142 workers were killed at work 5.

These statistics show a clear downward trend in fatal injuries and non-fatal injuries over the years. However, the rise in work-related stress, depression, and anxiety indicates that there is still room for improvement in managing mental health in the workplace.

How To Recover Following an Accident

After experiencing a personal injury, it is crucial to prioritize your recovery. Here are some steps you can take to facilitate your recovery process:

  1. Seek Medical Attention: It is essential to seek immediate medical attention following an accident, even if your injuries seem minor. Some injuries may not be immediately apparent, and a medical professional can assess your condition and provide appropriate treatment.
  2. Follow Medical Advice: Adhere to the treatment plan prescribed by your healthcare provider. This may include medication, physical therapy, or other forms of treatment.
  3. Rest and Rehabilitation: Allow yourself time to rest and recover. Engage in rehabilitation exercises as recommended by your healthcare provider to aid in your recovery process.
  4. Seek Emotional Support: Dealing with a personal injury can be emotionally challenging. Reach out to friends, family, or support groups to help you cope with any emotional distress you may be experiencing.
  5. Keep Records: Maintain thorough records of your medical treatments, expenses, and any other relevant documentation related to your personal injury claim.

By prioritizing your recovery, you can ensure that you are in the best possible position to pursue your claim against your solicitor if necessary.

Average Compensation Payout Amounts

The average compensation payout amounts for personal injury claims can vary significantly depending on the nature and severity of the injuries. However, it is important to note that these figures are only estimates and should not be considered definitive. Here are some average compensation payout amounts for common types of personal injury claims:

  • Road Traffic Accidents:

Minor injuries: £1,000 – £5,000

Moderate injuries: £5,000

  • Workplace Accidents:
    • Minor injuries: £1,000 – £3,000
    • Moderate injuries: £3,000 – £10,000
    • Severe injuries: £10,000 – £100,000+
  • Public Liability Incidents:
    • Minor injuries: £1,000 – £3,000
    • Moderate injuries: £3,000 – £10,000
    • Severe injuries: £10,000 – £100,000+

It is important to remember that these figures are approximate and can vary depending on the specific circumstances of your case. Consulting with a personal injury solicitor will provide you with a more accurate assessment of the potential compensation you may be entitled to.

Personal Injury Claim is Struck Out: Case Study Examples

To further illustrate the potential outcomes of personal injury claims, let’s consider a few case study examples:

  1. Case Study 1: Road Traffic Accident
    • Sarah was involved in a car accident caused by another driver’s negligence. She suffered whiplash and required physiotherapy for several months. She received a compensation payout of £4,000 to cover her medical expenses and loss of earnings during her recovery period.
  2. Case Study 2: Workplace Accident
    • John was injured while operating machinery at his workplace due to a lack of proper safety measures. He suffered a broken arm and was unable to work for several months. He received a compensation payout of £15,000 to cover his medical expenses, loss of earnings, and future rehabilitation costs.
  3. Case Study 3: Public Liability Incident
    • Emma slipped and fell in a supermarket due to a wet floor with no warning signs. She sustained a fractured hip and required surgery. She received a compensation payout of £20,000 to cover her medical expenses, loss of earnings, and ongoing rehabilitation.

These case studies demonstrate the range of compensation payouts that can be awarded in personal injury claims. Each case is unique, and the specific circumstances will influence the final settlement amount.

Understanding Liability in Injury Claims

Liability refers to the legal responsibility of a party for the injuries and damages caused in a personal injury claim. To establish liability, the following elements must be proven:

  1. Duty of Care: The defendant must have owed a duty of care to the claimant. For example, employers have a duty of care towards their employees to provide a safe working environment.
  2. Breach of Duty: It must be demonstrated that the defendant breached their duty of care by acting negligently or failing to take reasonable precautions.
  3. Causation: There must be a direct link between the defendant’s breach of duty and the claimant’s injuries. The breach of duty must be the cause of the injuries sustained.
  4. Damages: The claimant must have suffered actual damages, such as physical injuries, financial losses, or emotional distress, as a result of the defendant’s negligence.

Proving liability is a complex process that requires gathering evidence, witness statements, and expert opinions. A personal injury solicitor can guide you through this process and help establish liability in your claim.

Seeking Immediate Medical Attention After an Accident

After an accident, seeking immediate medical attention is crucial for several reasons:

  1. Diagnosis and Treatment: Prompt medical attention allows for an accurate diagnosis of your injuries and ensures that you receive appropriate treatment. Some injuries may not be immediately apparent, and a medical professional can identify and address them.
  2. Documentation: Medical records serve as essential evidence in personal injury claims. They establish a link between the accident and your injuries, providing a basis for your claim.
  3. Recovery and Rehabilitation: Early medical intervention can facilitate a faster and more effective recovery. Following your healthcare provider’s treatment plan can help minimize the long-term impact of your injuries.

It is important to keep records of all medical treatments, including doctor’s appointments, prescriptions, and any recommended therapies. These records will support your claim and demonstrate the extent of your injuries.

Time Limits for Making an Injury Claim

In the UK, there are strict time limits for making a personal injury claim. The general time limit is three years from the date of the accident or from the date you became aware of your injuries. However, there are exceptions to this rule, such as cases involving children or individuals lacking mental capacity.

It is crucial to initiate your claim as soon as possible to ensure compliance with the time limits. Delaying your claim may result in the loss of your right to seek compensation. Consulting with a personal injury solicitor promptly will help you understand the specific time limits applicable to your case.

Personal Injury Claim is Struck Out: The Role of Expert Witnesses in Injury Claims

Expert witnesses play a crucial role in personal injury claims by providing specialized knowledge and opinions related to the case. They can include medical professionals, accident reconstruction experts, vocational experts, and more. Their expertise helps establish the extent of your injuries, the impact on your life, and the potential future consequences.

Expert witnesses provide objective and unbiased opinions that support your claim. Their testimony can strengthen your case and increasethe likelihood of a successful outcome. Their opinions are based on their professional experience and can carry significant weight in court.

When working with a personal injury solicitor, they will identify the need for expert witnesses and engage them accordingly. The solicitor will coordinate with the experts to gather the necessary evidence and ensure their testimony aligns with the overall strategy of your claim.

Personal Injury Claim is Struck Out: Understanding Contributory Negligence

Contributory negligence is a legal concept that may affect the amount of compensation you can claim if you are found partially responsible for your injuries. If it is determined that you contributed to the accident or your injuries in some way, your compensation may be reduced.

For example, if you were involved in a car accident and it is found that you were not wearing a seatbelt, your compensation may be reduced due to your contributory negligence. The specific reduction will depend on the circumstances and the percentage of fault assigned to you.

It is important to note that even if you are found partially responsible, you may still be entitled to some compensation. The amount will be adjusted based on the degree of contributory negligence.

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Personal Injury Claim is Struck Out: FAQ

  1. Can I claim against my solicitor if my Personal Injury Claim is Struck Out?
     Yes, you can claim against your solicitor if your personal injury claim is struck out. You would need to establish that your solicitor acted negligently or made errors that directly resulted in the dismissal of your claim.
  2. What compensation can I claim for a personal injury?
     The compensation you can claim for a personal injury depends on the severity of your injuries, the impact on your life, and the financial losses you have incurred. It is advisable to consult with a personal injury solicitor to assess the specifics of your case.
  3. What are the time limits for making a personal injury claim?
     In the UK, the general time limit for making a personal injury claim is three years from the date of the accident or from the date you became aware of your injuries. However, there are exceptions to this rule, so it is best to consult with a solicitor to understand the specific time limits applicable to your case. Personal Injury Claim is Struck Out.
  4. What is contributory negligence?
     Contributory negligence is a legal concept that may reduce the amount of compensation you can claim if you are found partially responsible for your injuries. The compensation may be adjusted based on the degree of fault assigned to you.
  5. How can I establish liability in a personal injury claim?
     To establish liability in a personal injury claim, you must prove that the defendant owed you a duty of care, breached that duty, and that the breach directly caused your injuries. Gathering evidence, witness statements, and expert opinions is crucial in establishing liability.

If your personal injury claim is struck out, it is important to explore your options for claiming against your solicitor. By consulting with a professional negligence solicitor, you can assess the validity of your claim and seek compensation for any losses incurred. Remember to prioritize your recovery following an accident, seek immediate medical attention, and gather all necessary documentation to support your claim. Understanding the time limits and the role of expert witnesses can also contribute to the success of your claim. By taking the appropriate steps and seeking legal advice, you can navigate the process of claiming against your solicitor and work towards obtaining the compensation you deserve. Personal Injury Claim is Struck Out.