Personal Injury Services

When making a personal injury claim, your solicitor will:

Review your Claim:

Your personal injury solicitor will thoroughly review your case, by listening to your story, examining the evidence, and assessing the viability of your claim. We offer free initial consultations either at our offices or through home visits, making it convenient for you to discuss your case with one of our specialist team before it is taken any further. If we believe that your claim is unlikely to succeed, we'll inform you upfront.

Investigate:

Your solicitor will undertake investigations to gather relevant information and evidence related to your injury. This may include gathering medical records, witness statements, and other documentation to support your claim.

Assess the Potential Compensation:

Your solicitor will evaluate the potential compensation you may be entitled to. This includes considering factors such as medical expenses, lost wages, pain and suffering, and future care needs.

Negotiate with Opposing Parties: 

Your solicitor will negotiate with insurance companies or opposing parties on your behalf to ensure you achieve a fair settlement that reflects the true extent of your injuries and losses.

Provide Ongoing Support:

From the free initial consultation to the resolution of your claim, your solicitor will provide ongoing support and guidance. You'll have a dedicated team of legal professionals by your side, ready to answer your questions and address your concerns.

We can assist you with a wide range of potential claims, including but not limited to:

Accidents at Work:

If you've been injured in an accident while on the job, whether due to negligence or unsafe working conditions, you may be entitled to compensation.

Fatal Accident Claims:

Losing a loved one due to someone else's negligence is devastating. We can help you pursue a claim to seek justice and financial support for your loss.

Slips, Trips and Falls:

Whether in a public place or private property, if you've suffered injuries due to a slip, trip, or fall caused by someone else's negligence, you may have a valid claim.

Road Accidents:

From car crashes to pedestrian accidents, if you've been injured in a road accident caused by another party's negligence, we can help you pursue compensation for your injuries and losses.

Claims Involving Animals:

Injuries caused by animal attacks or incidents, such as dog bites or horse riding accidents, may warrant a personal injury claim against the owner or responsible party.

Holiday Accidents:

If you've been injured while on holiday, whether due to hotel negligence, transportation accidents, or recreational activities, we can assist you in pursuing a claim for compensation.

Food Poisoning:

Suffering from food poisoning due to contaminated food or beverages can have serious health consequences. You may be entitled to compensation for medical expenses and other losses.

Accidents in Shops:

Injuries sustained in shops or shopping centres due to hazards such as wet floors, falling objects, or inadequate security measures may warrant a personal injury claim.

Falls in the Street:

Tripping on uneven pavements, potholes, or other hazards in public spaces can lead to serious injuries. We can help you seek compensation for your pain and suffering.

Sports Accidents:

Participating in sports or recreational activities carries inherent risks, but if you've been injured due to negligence or recklessness, you may have grounds for a personal injury claim.

Skiing Accidents:

Injuries sustained while skiing, snowboarding, or participating in other winter sports as a result of equipment failure, unsafe conditions, or negligent behaviour by others.

Accidents on Public Transport:

Whether on a bus, train, or other forms of public transportation, if you've been injured due to a collision, derailment, or other incidents, we can help you pursue compensation for your injuries.

We understand that making a compensation claim can feel daunting, especially when going up against employers or large corporations. With years of experience in handling personal injury cases, we have the expertise to represent you effectively. We'll be by your side throughout, advocating for your rights and seeking the compensation you deserve.

The different types of compensation you could be entitled to include:

General Damages:

This is compensation for pain, suffering and loss of amenity. Loss of amenity refers to the impact that the injury has had on a person’s life, such as being unable to engage in normal activities which could include being prevented from enjoying sporting activities or hobbies, gardening, dog walking or even as something as basic as picking up a child or grandchild.

No two injuries are the same and there is no fixed ‘tariff’ for specific injuries. However, the Judicial College Guidelines set out the broad parameters for most types of injuries and set upper and lower brackets for each type of award. The Courts will also consider what awards have been made in the past for similar types of injuries in an attempt to achieve some consistency.

In order to carry out this assessment, it is often the case that a Medical Expert’s Report will be required to carry out a diagnosis – to identify precisely what happened during the accident – and also a prognosis – what the long term consequences of the injury may be.

Financial Loss – Special Damages:

Financial loss directly attributable to the accident is usually recoverable. An obvious example would be loss of earnings when an injured person has had to take time off work and has lost income as a result. Other common claims include:

1. Damaged clothing
2. Travelling expenses for medical treatment
3. Prescriptions
4. Payments for things the injured person would have normally done themselves – gardening, dog walking, DIY etc

Future Loss of Earning:

In more serious injuries with long term effects, a claim can include the loss of future earnings if the injured person is unable to return to work or can only return on a limited basis. In those circumstances, the Court’s approach is to award a lump sum rather than monthly or weekly payments. This can involve a fairly complex calculation based on the annual loss multiplied by the number of years the loss is expected to last for. Other matters have to be factored into the calculation to reflect the fact that the compensation is to be received in a lump sum rather than in instalments. There are a set of actuarial tables published so as to ensure an element of consistency when calculating future losses.

Future Financial Loss – Periodical Payments:

In more complex cases often involving brain or catastrophic injury, the Court does have the power to make periodical payments as opposed to a lump sum and in those circumstances a compensator can be ordered to make annual payments.

Provisional Damages:

This is another exception to the ‘lump sum’ award. Again, all provisional damages will normally only be awarded in cases involving very serious injuries, usually brain or spinal injuries where there is a possibility that the Claimant will go on to develop an illness or disability which they currently do not suffer from. An example of this would be the risk of developing epilepsy at some time in the future following a brain injury. This, in effect, allows a Claimant to get around the issue of a ‘full and final settlement’ which would otherwise mean that a Claimant cannot return to a Defendant to ask for further compensation if their condition deteriorates beyond that originally contemplated at the time of the settlement.

Costs of Care and Assistance – Gratuitous Care:

It is often the case that an injured person requires help around the home immediately after their accident, particularly if there has been a hospital admission. This assistance is usually provided by family or friends and involves help with getting around the house, washing, dressing and driving to the shops and carrying bags. The family member or friend will not usually charge for their time but nevertheless the Courts will allow a claim in respect of time spent for family and friends, referred to as gratuitous care and is broadly equivalent to nursing care rates less VAT, National Insurance and Tax. For this reason it is often a good idea to keep a diary of the time spent by the carer, recording what was done, for how long and how often.

Nursing Care:

In more serious cases, a professional Nurse may be required to give assistance. In very serious cases, twenty-four hour care may be required for the rest of the Claimant’s life, in which case this element of compensation can be very significant.

Compensation and Benefits: In circumstances where an injured person has taken time off work and has received state benefit as a result (such as incapacity benefit, ESA or sickness benefit), compensation for loss of earnings may be reduced as a result. A Claimant will be provided with a Compensation Recovery Unit (CRU) Certificate showing what benefits have to be repaid to the Department of Working Pensions. It is for the Defendant to make the deduction not the Claimant.

Preserving Your Entitlement to Benefits:

If a Claimant receives compensation in excess of £6,000, this may affect their entitlement to receive certain types of benefit. To avoid this problem, it is possible to have compensation paid into a Personal Injury Trust, which means that compensation is disregarded when assessing eligibility for benefits.

Compensation and Taxation:

Any award for compensation under £500,000 is automatically exempt from taxation. 

Any amount above £500,000 may, in certain circumstances, be treated as a capital gain for capital gains tax purposes. Currently, the HM Revenue and Customs apply an extra statutory concession (ESCD33) which would extend the exemption, but only after an application to HMRC. In recent years there has been discussion about extending the exemption limit to £1,000,000, but currently it is not known when or if this change will become law.

How do I know if I have a claim?

Determining whether you have a valid personal injury claim involves multiple factors, including:

1. You must have suffered an injury, whether physical, emotional, or both. The severity of the injury can also play a role in the validity of your claim.
2. You need to establish that someone else's negligence or intentional actions caused your injury. This could be a person, a company, or government entity.
3. The party you hold responsible must have owed you a duty of care. For example, drivers owe a duty of care to others on the road to drive safely.
4. You must demonstrate that the responsible party breached their duty of care, failing to act as a reasonable person would under similar circumstances.
5. There must be a direct link between the breach of duty and your injury. You must show that the defendant's actions (or lack thereof) directly caused your injury.
6. You need to have suffered measurable damages as a result of the injury. This could include medical expenses, lost wages, pain and suffering etc.
7. Gathering evidence to support your claim is crucial. This could include medical records, photos of the accident scene, witness statements, and any other relevant documentation.
8. There is a time limit for filing a personal injury claim, known as the statute of limitations. In the UK this requires that court proceedings must be issued within three years of your injury taking place, so it's essential to act within this timeframe.

If you believe you meet these criteria, get in touch with our team today. We offer free initial consultations where we can assess the specifics of your case and provide guidance on whether you have a valid claim and how to proceed.

Is there a time limit for making a claim?

There is a time limit for filing a personal injury claim, known as the statute of limitations. In the UK this requires that court proceedings must be issued within three years of your injury taking place, so it's essential to act within this timeframe if you believe you have a valid claim.

How much does it cost to make a claim?

At Howard & Over, we offer a "no win, no fee" agreement. This means that when you make a personal injury claim through us there will be no upfront costs for you. If on the other hand, you win the case, you will be required to pay our legal costs, but the majority of these costs can usually be recovered from the opposing party. If you lose the case, you won't owe anything.

We highly recommend backing this agreement with insurance, and our team will discuss this option in detail during your initial appointment. Additionally, there are other funding options available. You may already have legal expenses cover through your household or motor insurers, or if you're a member of a Trade Union, they might fund your case.

If none of these options apply to you, you can choose to pay the legal costs yourself as the case progresses. However, most of our clients prefer the security of a Conditional Fee Agreement, as it minimises financial risk by only requiring payment in the event of a successful outcome.

How long will my claim take to be settled? 

The time it takes to settle a personal injury claim in the UK can vary significantly depending on various factors, including the complexity of the case, the severity of the injury, and whether liability is disputed.

In general, straightforward personal injury claims that are settled out of court can take around 6 months to a year to resolve. However, more complex cases that proceed to litigation can take considerably longer, sometimes several years. It's essential to discuss the specific details of your case with your solicitor to get a better understanding of the expected timeline.