Do I have a Personal Injury Claim?

Can I make a personal injury claim?

If you can answer ‘yes’ to the following questions, you might have a claim:

• Have you been in an accident in the last 3 years?
• Was the accident caused by someone else?
• Did you suffer injuries or lose earnings as a result?
• Have your injuries lasted for more than a few weeks?

You can contact us and a member of our personal injury team will contact you to discuss your situation further. You can work out how much you might be able to claim with our compensation calculator.

Claiming on Behalf of Someone Else

If you’re over 18 and mentally capable, you need to make the claim yourself. However, you can have a trusted friend or relative discuss your case with a solicitor and provide instructions.

If you lack mental capacity, like after a severe brain injury, a litigation friend can represent you. This also applies to children under 18, typically appointed through a relative or close friend.

For instance, a mother can act as a litigation friend for her child in a personal injury case.

Time Limits

You have three years from the accident or injury date, or from the date you became aware of significant injury and its cause.

For children, the limit is three years from turning 18, even with a litigation friend.

Exceptions include:

• Children: The limit starts at 18, likely expiring at 21.
• Mental Health: There are different rules for individuals who lack capacity as defined by Mental Health Act 1983. It is always better, if in doubt, to seek specialist advice.
• Death: Starts from the death or linking death to the accident. If the claimant dies mid-claim, their family can claim, and the limit restarts from the death date.
• Criminal Attacks or Assault: A claim must be lodged with the Criminal Injuries Compensation Agency (CICA) within two years.
• Injuries Abroad: Time limits vary; for instance, on ferries or aircraft, it’s generally two years after checking in.

Our Fees

Personal Injury claims are funded on a no-win, no-fee basis. For more information on how you fund your personal injury claim with Thompson Smith and Puxon, please see our Funding Options.