• Q?

    I was injured in a road accident – who can I claim compensation from?

  • A.

    If another driver was at fault, you can claim compensation from that driver. Normally your solicitor can negotiate compensation through their insurers. You must tell the police and your insurance company if you are injured in an accident. Otherwise the insurance company may refuse to pay any compensation.
    The same applies if you are injured as a passenger: you can claim compensation from the driver responsible, whether they were driving the car you were in or another vehicle. By law, drivers must at least have third party insurance, which includes cover for passengers.
    If the driver responsible was not insured, or cannot be identified (eg because they drove off), you may be able to claim compensation from the Motor Insurers’ Bureau.

  • Q?

    My child was injured playing sports at school – can I sue the school?

  • A.

    ou need to show that the school has been negligent – for example, by not providing the right training, equipment or supervision.
    You are unlikely to be able to claim for the sort of minor injury that might reasonably be expected to happen playing that particular sport.

  • Q?

    Can I sue for an operation that went wrong?

  • A.

    You may be able to claim compensation if you were the victim of clinical negligence: in other words, if the care you received was below the standard that should be expected, and you suffered physical or psychological injury as a result.
    The same applies to treatment by any healthcare professional: for example, a nurse or a dentist.

  • Q?

    How can I find out if my medical treatment was negligent?

  • A.

    Initially, you should ask the doctor or hospital for an explanation. If you are not happy with the explanation you receive, you can make a formal complaint under the doctor’s or hospital’s complaints procedure. You also have a legal right to get a copy of your medical records.
    Armed with whatever information you have gathered, your solicitor can instruct a medical expert to investigate. The expert will then be able to provide an opinion on whether your treatment was negligent.

  • Q?

    Can I claim compensation if I slip or trip and get injured?

  • A.

    If you are injured by a slip or trip that was the fault of someone who has a duty of care towards you, you should be able to claim compensation.
    For example, you might claim against:
    a:-Your local authority if you trip on a broken pavement which they had been warned about but chosen to ignore.
    b:-The owner of a shop if you tripped over a trailing wire that should not have been left there.
    c:-Your landlord if you are injured as a result of a defect in the premises you rent.
    d:-Your employer if you have an accident because of an unsafe working environment.

  • Q?

    If I sue my employer for an injury at work, how can I protect myself against retaliation such as being sacked?

  • A.

    Your employer is legally obliged to have Employers’ Liability Insurance which will cover claims of this kind. This means that your claim should normally have only a small direct impact on your employer: for example, an increase in their insurance premiums.
    In addition, it is illegal for your employer to discriminate against you in this way, and you may be able to claim compensation for unfair dismissal if you are sacked or your working life is made intolerable. If you think your employer is likely to retaliate against you, keep evidence of any problems and consult your solicitor.

  • Q?

    How long will it take to win compensation for personal injury?

  • A.

    In a relatively straightforward claim, it is sometimes possible to negotiate a settlement within months. More complex claims take longer – it may take several months simply to get an expert medical opinion on whether it is worth pursuing a claim for clinical negligence.
    You should bear in mind that there are time limits for starting a court action. You should take legal advice as soon as possible.

  • Q?

    Can I claim for losses I suffered as a result of the injury, such as lost earnings?

  • A.

    Yes you can. However, you are expected to do what you can to mitigate these losses. For example, if you cannot work because of an injury, you would be expected to seek appropriate medical care so that you can get back to work, rather than treating it as an extended holiday.

  • Q?

    Do you have a legal question on car accidents, injuries at work, medical negligence, or other injuries?

  • A.

    Write us on info@injury-support.co.uk or Call us today to speak with your legal advisor.