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Personal injury does not just mean physical injuries – psychological injuries can be just as life changing and sometimes can be worse because they cannot just be “seen and assessed”.

However, it is this that can also make including a claim for psychological injury incredibly difficult even if it is something that you consider is affecting your life just as much as your physical injuries. Some of the main hurdles to overcome are listed below however, it is always best to speak with a personal injury specialist direct if you are wishing to include this type of injury in your claim.

Recognised Condition

The condition that you are suffering has to be a recognised illness that a medical professional would diagnose. This includes things such as Post-Traumatic Stress Disorder, depression and anxiety. If the injury is not diagnosed it is incredibly difficult to include it in a case, which is understandable. For example; you wouldn’t try and make a claim for a broken leg if there is no proof in your medical records that you have had to have treatment for this injury!
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There is a lot of competition when it comes to personal injury lawyers – and this can be incredibly confusing when you find yourself in the situation looking for someone to help you when you are considering making a claim. One of the main things to remember is that this solicitor will be with you from the beginning of your claim right through to the end and therefore it should always be someone that you feel comfortable and happy with.

One of the main ways of ensuring that the company you instruct is the best one to run your claim is to contact and instruct a firm direct. What I mean by this is that often your insurance company or a claims management company will try and direct you to one of their solicitors who will start pursuing your claim without you even having spoken to them before!

At first glance this may not appear as strange as I am making it, but would you really trust another person to buy a car for example without you first seeing the car and ensuring that it is the right one for you? Although a very different service, the principle is clear. Always ensure you speak with the personal injury firm direct before proceeding with any claim.
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In a personal injury compensation claim you can claim for your injury (general damages) and you can claim for any losses that you have incurred as a result of the accident/injury (special damages). Special damages cover a wide range of losses from loss of earnings, treatment fees, care and assistance, damaged items etc. In this blog we will look at a claim for loss of earnings.

You can claim for lost earnings if you sustained injury in an accident which was not your fault and if, as a result of your injuries, you have taken time off work and therefore lost earnings. Depending on your contract of employment, you may be off work and still receive pay in full. If this was to happen then you cannot claim lost earnings as there has been no loss. If you are not paid during your absence then you are entitled to claim for lost earnings. There is no guarantee that the other side will meet this claim, although it is much stronger if you can provide proof of the loss. This can be done by producing wage slips, showing the drop in earnings, or perhaps bank statements etc. If your wage is not “set” (i.e. you receive a different amount of money from your employer each month) then we would calculate your loss based on an average; perhaps looking at your pay slips from the previous 3 to 6 months before the accident.
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You’ve tripped over a damn pothole on the highways, and ended up injured as a result. I expect you’re pretty angry, especially if you are now off work and losing earnings, or in pain and / or immobile due to the injuries. I expect you’ve had a few rants about the council and how they need to step up to the mark and sort out this pothole problem! But when it comes to action against the council, what are your rights, and what should you do?

Under the Highways Act, there is a potential claim to answer for. You may have a case against the council or whoever is responsible for the highways. So will your claim win? Well let me explain the law for you – because claims against the council can actually be very hard to win.

The duty by law that the highways authority have is to reasonably inspect and maintain their jurisdiction of highway. This is normally accomplished with an inspection regime – a road may be inspected every three months if it’s a well used busy area, or perhaps every 12 months if it’s a minor country road.
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So you are the cruel victim of what may seem like a terrible slapstick joke – you’ve tripped over and you’ve injured yourself, and whilst your dignity may heal in a matter of hours, your physical injuries may not be so easy to get rid of. Tripping and landing hard on the ground can cause some serious injuries like fractures, ligament tears and ruptures from stretching and twisting, and back injuries from twisting or being thrown to the ground violently.

So if you have tripped over and you want to make a claim, how do you go about it? If you tripped because of someone else’s negligence, you may be able to make a successful personal injury claim. For example, if you tripped due to a pothole or defect in the street, or tripped over an unattended box in a supermarket, or tripped over a loose cable in the office – if you think someone is at fault, we can tell you if we think you can claim.
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Dislocating your shoulder can be serious and painful. If you are reading this having recently suffered from a dislocated shoulder, I assume I’m preaching to the choir; unless you’re Chris Ryan. If the injury was caused through someone else’s negligence, you may be able to make a claim for personal injury compensation.

So what can you do, and how can our expert injury team here at the injury lawyers help you?

Well we are an expert injury law firm so we will fight tooth and nail to get you the highest payout possible. Injuries for dislocated shoulders can be as high as £13,700 according to official guidelines.  These sorts of injuries can be painful, debilitating, and require a lengthy period of rehabilitation.

So let’s look at what our service can do for you:
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We have done a lot of articles on pothole claims over the years, and we have represented countless victims for claims against the council after tripping and falling due to potholes on the highway. These claims are inherently difficult to win. The reason for this is that those responsible for an area of land have a special defence under Section 58 of the Highways Act, which is:

 (1)In an action against a highway authority in respect of damage resulting from their failure to maintain a highway maintainable at the public expense it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the authority had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic.
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If you have had an accident through no fault of your own, getting treatment on the NHS might involve a lengthy wait. That’s why we can offer treatment right from the start of your claim if we take the case on.

As long as our medical partners are happy to fund the treatment on the basis that we think you have reasonable prospects of success for the case, we can arrange for private funding for private care right from the start of your case to help you recover at a much quicker rate. The treatment can start shortly after you instruct us – so you get it when you need it the most.

If the claim is successful we can recover the fees from the other side. Insurers are not just liable to compensate you for your injuries, they are also liable to help you to recover as quickly as possible as well. For this reason, we can charge treatment to them.
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We deal with all types of personal injury claims and we are often asked about likely time scales for settlement. After you have been medically examined the medical expert will prepare a detailed medical report. Some cases may be brought to settlement shortly after obtaining medical evidence whereas other cases could drag out for some time.

In this blog I will attempt to explain why some cases will still take some time to settle. We always try to progress a claim as quickly and effectively as possible. In addition we try to recover you the maximum amount of compensation that you deserve.
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How much are you entitled to claim for if you sustain injury to your knee? Well it all depends on the nature and severity of the injury. When it comes to knees, they can range from a simple twist and strain that leaves you uncomfortable and limping for a few weeks, to ligament ruptures requiring surgical reconstruction and a permanent weakness. It really all does come down to the nature of the injury.

The only way to properly value a knee injury compensation claim is to instruct an expert lawyer and see a suitable expert for a medico-legal appointment. A report from the appointment will then be used by the lawyers to value the injury.

But in the meantime, here is a little guidance based on the official guidelines that are used to value knee injury claims:
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