INJURY ADVICE
A helpful guide to claiming compensation for accidents
Serious Injury Claims – How Can We Help You?
Specialist legal support for clients with head, brain, spinal and fatal injuries arising out of accidents at work, on the road, in public places, abuse and assault.
When an accident is so serious that your injuries prevent you returning to a normal life, our role is not only to help recover maximum compensation, but also to help you to rebuild as much of your life as possible. This will almost certainly include helping you to gain access to private treatment - and is also likely to include an assessment of your living arrangements to see what adjustments may be needed both in the short and longer term.
We very much believe that a collaborative approach results in more e ective outcomes for those who have su ered serious injuries and as part of our service to you, you can expect to receive input from medical experts, case managers, rehabilitation and therapy providers.
Serious injuries can a ect nances, through loss of earnings, out of pocket expenses, treatment and rehabilitation costs, relationships with partners, family and friends, behaviour and outlook on life, in addition to the physical impact of the injury. You can be assured that you and your family members will be supported throughout the process by a very dedicated and experienced lawyer who understands what you are going through.
We have o ces across the East Midlands, Lincolnshire and Yorkshire. Please visit our website to nd the o ce closest to you. Home and hospital visits are also available.
Alison Hurton is the overall Head of Personal Injury at Sills & Betteridge and specialises in complex claims with life-changing injuries.
She is a Practitioner Member of the Association of Personal Injury Lawyers (APIL) and is Recommended by the Legal 500 (The World’s Leading Legal Directory).
For an initial discussion please call Alison on 0115 941 1469, email AHurton@sillslegal.co.uk or visit www.sillslegal.co.uk
4 George Street, Hockley, Nottingham, NG1 3BE
Alison Hurton
The Healthcare media range of literature is distributed to 158 Health Districts throughout the UK.
The Publications in the Healthcare media range are distributed free of charge to the general public through outlets comprising of Doctors Surgeries, Citizens Advice Bureaus, Nursing Homes, Registrars and Bereavement Services, Crematoriums, Children’s Centres, Maternity Units, Care Centres/Programmes, Hospices, Charities and NHS Clinics & Hospitals.
(Different titles are distributed to different outlets according to their readership profile - Not all titles are distributed by all outlets mentioned herewith).
The publications aim to provide invaluable advice to readers and are financed through the inclusion of relevant beneficial local advertising.
The range of publications
Bereavement Injury Advice
Making a Will and Funeral Planning
Older Persons Community Care Mobility Advice
Private Healthcare
Regaining Your Independence Relationship Breakdown
Sight & Hearing
Work Related Injuries & Disease / Employment Issues
Pregnancy & Parenthood
Regional GP Appointment Cards
GP Antenatal Appointment Cards
Other products in the Impact range include
Please ask for a copy of the publications of your choice from your local range of outlets. If for any reason they do not hold stock of them please ask them to contact us or indeed feel free to contact us directly on the following links and request a copy of our publications via post or as a digital copy of any of the titles.
0115 944 7306
0115 944 0436
circulation@healthcaremedia.co.uk
www.impactonlife.com
INTRODUCTION
This guide aims to give you an introduction to basic first aid in the event of an injury, as well as information about your legal rights concerning Personal Injury. A list of further contacts are provided towards the back of the guide.
BASIC FIRST AID
It can never hurt to learn some basic and emergency first aid - there are lots of books on the subject but the best advice is to book a course through the Red Cross, St. John Ambulance or your local NHS Ambulance Service. In the following sections we have listed the most important steps in emergency first aid.
Primary Survey
Before you approach anyone who has been injured, you should conduct what is known as the Primary Survey. Remembering the acronym, DR ABC
Danger/Response/Airway/Breathing/ Circulation, you should check the scene for danger to yourself and the casualty (e.g., if someone has suffered an electric shock, make sure that the electricity has been turned off or attempt to move the person to a place that will be safe for you both using a wooden broom handle, for example). Then see if the casualty responds by shouting, ‘Can you hear me? Open your eyes’ and gently shaking their shoulders (under no circumstances should you shake a baby or young child).
If the casualty responds and there is no further danger, you should leave them in the position found and summon help, if needed. Treat any conditions found e.g., cuts or burns and monitor their vital signs (level of response, pulse and breathing). Continue monitoring casualty until help arrives.
Did you know……. British Red Cross research shows that 1 in 20 people would know what to do in a 1st aid emergency
If the casualty does not respond, you should shout for help. If possible, leave the casualty in the position you found them and open the airway. If this is not possible, turn the casualty onto their back and open the airway.
This is done by placing one hand on the casualty’s forehead and gently tilting the head back, then lifting the chin using two fingers only. This will move the casualty’s tongue away from the back of their mouth.
Look, listen and feel for no more than ten seconds to see if the casualty is breathing normally. Look to see if the chest is rising and falling, and listen for breathing. You can also feel for breath against your cheek.
If the casualty is breathing normally, you should place them in the recovery position and check for other life-threatening conditions such as severe bleeding.
Cardio-Pulmonary Resuscitation (CPR)
Cardiopulmonary resuscitation (CPR) is a first aid technique that can be used if someone is not breathing properly or if their heart has stopped.
Chest compressions and rescue breaths keep blood and oxygen circulating in the body. If someone is not breathing normally and is not moving or responding to you after an accident, call 999 or 112 for an ambulance. Then, if you can, start CPR straight away.
In cases of sudden cardiac arrest, the oxygen level in the blood will remain high for a few minutes so initially chest compressions will be more important than rescue breaths.
Think ABC Airway, Breathing, CPR!
ABC is an acronym to help you remember the important first steps before performing CPR: airway, breathing, and circulation. Open the airway, check the victim’s breathing, and pulse (i.e., circulation).
• To open the victim’s airway, lift the chin carefully. This will move the jaw forward and tilt the head backward, allowing a path for air to travel to the lungs from the mouth and nose.
• Remember, don’t push the forehead back in an effort to open the airway. If the victim has a neck or spinal injury this will only make it worse.
• To check for breathing, watch the victim’s chest. If you can see it rise and fall even slightly, then they are breathing.
• Whether or not you can see the chest rise and fall, listen with your ear to the mouth and nose. You are listening for breathing sounds.
• If you can’t hear the victim breathing, but can feel their breath on your ear, then they are breathing. Use as many senses as possible and your best judgment.
Remember, if your search for breathing and circulation yield nothing, have someone call 999 or call them yourself if you are the only conscious person in the room, and immediately begin compressions and artificial breathing.
• To check circulation, feel for a pulse. Press two fingers gently on the victim’s `neck between the Adam’s apple and the muscle at the side of the neck.
Don’t use your thumb, because your thumb has a pulse of its own.
• To check an infant’s circulation, press two fingers between the armpit and elbow on the inside of the baby’s arm.
CPR for Babies, Birth to One Year Old
• Confirm your baby is not breathing, complete the steps of the primary survey (DRABC)
• If accompanied, send your helper to dial 999 or 112 for an ambulance (112 is recommended if you are calling from a mobile as it gives a clearer signal, although you can also reach this number from landlines and in many other European countries).
• If you are alone, you will have to carry out rescue breaths and chest compressions for one minute before taking the infant with you to call an ambulance.
• Carefully remove any obvious obstruction from the mouth of the infant (it is important not to touch the back of your child’s throat as this could cause swelling and further obstruction of their airway) and give five initial rescue breaths.
• You do this by slightly tipping the infant’s head back. Seal your mouth over their mouth and nose and breathe gently into them, looking along the chest as you breathe. Fill your cheeks with air and use this amount each time. As the chest rises, stop blowing and allow it to fall. Repeat this five times.
• Having done five rescue breaths, you’re now going to do chest compressions.
• Using the tips of two fingers to compress the chest, place your fingers in the centre of the infant’s
chest (imagine a line joining the nipples and place two fingers along the length of the breast bone below this line) and sharply depress the chest one third of its depth at a rate of 100-120 compressions a minute (above the speed of the song ‘Staying Alive’) At the speed, you’re going to give 30 chest compressions.
• Alternate 30 chest compressions with two rescue breaths and keep repeating as necessary until help arrives or the child’s breathing is restored to normal.
CPR for Children Between One Year and Puberty
• Following your primary survey, you have already established that the child is not breathing normally.
• At this point, if you are accompanied, send your helper to dial 999 or 112 for an ambulance.
• If you are alone, you will need to do one minute’s worth of CPR before going to call for help yourself.
• Carefully remove any visible obstruction from the mouth or nose of the child and give five initial rescue breaths.
• Ensure you tip the head back, pinch the soft part of the nose closed, and put your mouth over the child’s mouth, forming an airtight seal.
• Breathe into the child, ensuring the chest inflates. Do this five times.
• Having done five rescue breaths, you are now going to do chest compressions.
• Place one hand or two, as appropriate in the centre of the chest (this does depend on the size of the child). Use the heel of your hand and keep your arms straight.
• Sharply depress the chest one third of its depth at a rate of 100120 compressions a minute. At this speed, you are going to give 30 chest compressions.
• Alternate 30 chest compressions with two rescue breaths and keep repeating as necessary until help arrives or the child’s breathing is restored to normal.
CPR for Adults
• Carry out the Primary Survey - Danger, Response, Airway, Breathing, Circulation.
• At this point, if you are accompanied, send your helper to dial 999 or 112 for an ambulance.
• Open the casualty’s airway by placing one hand on the forehead and using two fingers to lift the chin.
• Position your cheek close to their mouth and look, listen and feel for no more than ten seconds to see if the chest is rising and falling, listen for breathing and feel for breath against your cheek.
• If you are on your own, you should call an ambulance at this stage and then commence chest compressions immediately. If the casualty is unconscious due to drowning, you should give five rescue breaths and perform CPR for one minute before making the call.
• To perform rescue breaths, carefully remove any visible obstructions from the mouth or nose of the person and give five initial rescue breaths.
• Ensure you tip the head back, pinch the nose firmly closed and put your mouth over the person’s mouth, forming an airtight seal.
• Breath into the casualty, ensuring the chest inflates; then remove your mouth and allow the chest to fall. Repeat once more.
• Place the heel of your hand in the centre of the chest. Place the other hand on top and interlock your fingers.
• Keeping your arms straight and your fingers off the chest, press down by five to six centimeters and release the pressure, keeping your hands in place.
• Repeat the compressions 30 times, at a rate of 100-120 per minute (about the speed of the song ‘Staying Alive’).
• You should then do two rescue breaths (see steps 6-9).
• Continue resuscitation at a rate of 30 compressions to two rescue breaths until emergency help arrives and takes over.
• Only stop if the casualty shows signs of recovery such as coughing, opening eyes, speaking or moving purposefully, and breathing normally.
Recovery Position
Detailed below is a step-by-step guide to the recovery position:
• Kneel on the floor to one side of the person. Place the person’s arm that is nearest you at a right angle to their body, so it is bent at the elbow with the hand pointing upwards. This will keep it out of the way when you roll them over.
• Gently pick up their other hand with your palm against theirs (palm to palm). `Now place the back of their hand onto their opposite cheek (for example, against their left cheek if it is their right hand). Keep your hand there to guide and support their head as you roll them.
• Now use your other arm to reach across to the person’s knee that is furthest from you, and pull it up so that their leg is bent and their foot is flat on the floor.
• Now, with your hand still on the person’s knee, pull their knee towards you so they roll over onto their side, facing you. The person’s body weight should help them to roll over quite easily.
• Stay with them, giving reassurance, until they have fully recovered or until an ambulance arrives.
When dealing with an infant, St. John Ambulance recommend putting them in the recovery position by cradling the child in your arms with their head tilted downwards to prevent them choking on their tongue or inhaling vomit. (Information supplied courtesy of Epilepsy Society)
With all types of bleeding, it’s important to stop the flow of blood as quickly as possible.
• Move the bent leg that is nearest to you, away from their body so that it is resting on the floor (bent at a right angle to their body).
• Lastly, gently raise their chin and their head back slightly, as this will open up their airway and help them to breathe. Check that nothing is blocking their airway. If there is an obstruction, remove this if you can do so safely.
Small cuts - Small cuts in the veins stop bleeding and clot within a few minutes. The area should then be washed, and a plaster placed gently on top.
Deeper cuts - Deeper cuts in the veins produce dark blood that seeps out slowly and steadily. It can be stopped by gentle pressure on the wound with a sterile or clean cloth, followed by the application of a clean or sterile bandage.
Often, these wounds need sewing or gluing, and therefore medical treatment will be necessary after first aid.
Arterial bleeding - Arterial bleeding must always be treated by a doctor. Bleeding from an artery can cause death within a few minutes - so urgent first aid is essential.
This type of bleeding pulsates and squirts blood, as the pulse beats. The blood is often a light red colour.
To stop bleeding from an artery, apply hard pressure on the wound and keep this up until the patient receives medical treatment. Press with a sterile cloth or just use your hand, if nothing else is available.
Put a bandage on the wound if possible and if the blood soaks through the bandages, press harder until the bleeding stops. Do not remove the soaked bandages, but place another on top if necessary.
Do not attempt to clean the wound.
The person should be made to lie down, preferably with their head lower than the rest of their body. This will ensure that enough oxygen gets to the brain.
If possible, position the wounded area higher than the rest of their body so that the pressure, and therefore the bleeding, will be reduced. Take particular care if you suspect a bone has been broken.
Where possible, you should wear disposable gloves to cover any wounds on your hands and protect yourself from infection.
Objects in Wounds
Where possible, swab or wash small objects out of the wound with clean water. However, if there is a large object embedded you should leave it in place and apply firm pressure on either side of the object. Raise and support the wounded limb or part and lay the casualty down to treat for shock. Gently cover the wound and object with a sterile dressing and build up padding around the object until the padding is higher than the object, then bandage over the object without pressing on it.
Depending on the severity of the bleeding, dial 999 or 112 for an ambulance or take the casualty to hospital.
Fractures
Fractures are a complete or incomplete break or a crack in a bone due to an excessive amount of force. A fracture can cause other internal injuries and medical help should be sought as soon as possible.
With fractures, you should look for the following symptoms: swelling; unnatural range of movement; immobility; grating noise or feeling; deformity; loss of strength; shock; twisting; shortening or bending of a limb.
If you suspect a fracture, you should support the limb and immobilise the affected part before calling 999 or 112 for an ambulance. You should also treat the person for shock (see next section).
Shock
Shock is a life-threatening condition that occurs when the vital organs, such as the brain and heart, are deprived of oxygen due to a problem affecting the circulatory system. The most common cause of shock is blood loss but it can also be caused by other fluid loss such as vomiting or severe burns. Shock can occur when the heart has been damaged by heart attack or angina and is unable to pump an adequate supply of oxygen to the body.
Look for the following symptoms to recognise shock: pale face; cold, clammy skin; fast, shallow breathing; rapid, weak pulse; yawning; sighing; and, in extreme cases, unconsciousness.
If you think a person is in shock, you should attempt to treat any possible causes and help them to lie down. Raise and support their legs, loosen tight clothing and keep them warm and do not give them anything to eat or drink.
Call 999 or 112 for emergency help as soon as possible. If there are bystanders, ask someone to call an ambulance.
Burns
When treating a major burn, you should start cooling the burn immediately by placing the affected area under cool running water for at least 20 minutes. Dial 999 or 112 for an ambulance and make the casualty as comfortable as possible.
Whilst wearing disposable gloves, remove the casualty’s jewellery, watch or clothing from the affected area unless it is sticking to the skin.
When cooling a large burn be aware that it may cause hyperthermia, especially in babies, children and older people. You may need to stop cooling the burn to avoid hyperthermia.
Cover the burn using a clean, nonfluffy material to protect from infection. Cloth, a clean plastic bag or kitchen film all make good dressings. Treat for shock.
For minor burns, hold the affected area under cold water for at least ten minutes or until the pain subsides. Remove jewellery etc. and cover the burn as detailed above. If a minor burn is larger than a postage stamp, it requires medical attention. All deep burns of any size require urgent hospital treatment.
Never use lotions, ointments, creams or adhesive dressings on burns. You should also never break blisters.
Head Injuries
All head injuries are potentially serious and require proper assessment because they can result in impaired consciousness. Injuries may be associated with damage to the brain tissue or to blood vessels inside the skull, or with a skull fracture.
A head injury may produce concussion, which is a brief period of unconsciousness followed by complete recovery. Some head injuries may produce compression of the brain (cerebral compression), which is life-threatening.
It is therefore important to be able to recognise possible signs of cerebral compression in particular, a deteriorating level of response.
A head wound should alert you to the risk of deeper, underlying damage, such as a skull fracture, which may be serious. Bleeding inside the skull may also occur and lead to compression. Clear fluid or watery blood leaking from the ear or nose are signs of serious injury.
Any casualty with an injury to the head should be assumed to have a neck (spinal) injury as well and be
Concussion
Concussion occurs when the brain is shaken by a blow to the head. The most common causes of concussion include traffic incidents, sports injuries, falls, and blows received in fights.
Concussion produces widespread but temporary disturbance of normal brain activity. However, it is not usually associated with any lasting damage to the brain. The casualty will suffer impaired consciousness, but this only lasts for a short time (usually only a few minutes) and is followed by a full recovery. By definition, concussion can only be confidently diagnosed once the casualty has completely recovered.
A casualty who has been concussed should be monitored and advised to obtain medical aid if symptoms such as headache or blurred vision develop later.
Concussion can be difficult to recognise but may be identified by a brief period of impaired consciousness following a blow to the head. The injured person may also experience dizziness or nausea on recovery; loss of memory of events at the time of, or immediately preceding, the injury; or a mild, generalised headache.
To ensure that the casualty recovers fully and safely, they need to be in the care of a responsible person and receive medical aid if necessary.
You should check the casualty’s level of response using the AVPU code.
The AVPU Code
• A - Is the casualty alert, eyes open and responding to questions?
• V - Does the casualty respond to verbal commands?
• P - Does the casualty respond to pain (e.g., eyes open or movement in response to being pinched)?
• U - Is the casualty unresponsive?
Regularly monitor and record vital signs, (level of response, pulse and breathing). Even if the casualty appears to recover fully, watch them for any deterioration in their level of response. When the casualty has recovered, place them in the care of a responsible person. If a casualty has been injured on the sports field, never allow them to ‘play on’ without first obtaining medical advice.
Advise the casualty to go to hospital, if following a blow to the head they develop symptoms such as headache, vomiting, confusion, drowsiness or double vision.
Warning: if the casualty does not recover fully or, if there is a deteriorating level of response after an initial recovery, dial 999 or 112 for an ambulance.
Cerebral Compression
Cerebral compression is very serious and almost invariably requires surgery. Cerebral compression occurs when there is a build-up of pressure on the brain. This pressure may be due to one of several different causes, such as an accumulation of blood within the skull or swelling of injured brain tissues. Cerebral compression is usually caused by a head injury. However, it can also be due to other causes, such as stroke, infection, or a brain tumour.
The condition may develop immediately after a head injury, or it may appear a few hours or even days later. For this reason, you should always try to find out whether the casualty has a recent history of a head injury.
Cerebral compression can be recognised by a deteriorating level of response and the casualty may become unconscious. The casualty may have a history of a recent head injury or complain that they are experiencing an intense headache, as well as exhibiting noisy breathing, becoming slow; slow, yet full and strong pulse; unequal pupil size; weakness and/or paralysis down one side of the face of body; a high temperature; flushed face; and drowsiness. Noticeable changes in personality or behaviour, such as irritability or disorientation, are also signs of cerebral compression.
You should arrange the urgent removal of the casualty to hospital, calling 999 or 112 at the first possible opportunity.
If the casualty is conscious while you are waiting for the ambulance to arrive, keep them supported in a comfortable resting position and reassure them. Regularly monitor and record their vital signs, (level of response, pulse and breathing) until medical help arrives.
If the casualty is unconscious, open the airway using the jaw thrust method and check breathing (Primary Survey). Be prepared to give chest compressions and rescue breaths if necessary. If the casualty is breathing, try to maintain the airway in the position the casualty was found.
Skull Fracture
If a casualty has a head wound, then you should be alert for a possible skull fracture. A skull fracture is serious because there is a risk that the brain may be damaged either directly by fractured bone from the skull or by bleeding inside the skull.
You should suspect a skull fracture in any casualty who has received a head injury resulting in impaired consciousness. A casualty with a possible skull fracture may also have a neck (spinal) injury and should be treated accordingly.
It may be possible to recognise a skull fracture by looking for the following signs: a wound or bruise on the head; soft area or depression on the scalp; bruising or swelling behind one ear; bruising around one or both eyes; clear fluid or watery blood coming from the nose or an ear; blood in the white of the eye; distortion or lack of symmetry of the head or face; or progressive deterioration in the level of response.
If you suspect a skull fracture, you should aim to maintain an open airway and arrange for the urgent removal of the casualty to hospital.
If the casualty is conscious while you are waiting for the ambulance, help them to lie down but do not turn the head in case there is a neck injury. Control any bleeding from the scalp by applying pressure around the wound. Look for and treat any other injuries.
If there is discharge from an ear, cover the ear with a sterile dressing or clean pad, and lightly secure this with a bandage. Do not plug the ear. Monitor and record the casualty’s vital signs, (level of response, pulse, and breathing) until medical help arrives.
If the casualty is unconscious, open the airway using the jaw thrust method, and check the casualty’s breathing (Primary Survey). Be prepared to give chest compressions and rescue breaths if needed.
If the position in which the casualty was found prevents maintenance of an open airway or you fail to open it using the jaw thrust, place the person in the recovery position.
Seizures
Seizures are sudden, brief events. Sometimes called ‘fits’ or ‘attacks’, seizures can happen for many different reasons, such as diabetes, a heart condition or epilepsy.
In epilepsy, an individual has a tendency to have repeated seizures that start in the brain. Epileptic seizures are caused by excessive electrical activity in the brain, which causes a brief change in the way the brain works. These seizures can affect the individual’s emotions, sensations, awareness or behaviour. What happens during a seizure depends on where in the brain the seizure happens and how much of the brain is affected by it.
There are many different types of epileptic seizure. Some people become very confused during a seizure, and others may lose consciousness. How you can help someone depends on the type of seizure they have. Here are some examples of seizures, and how you can help.
• Focal aware seizures: the person may have a strange feeling or taste, which can be intense and unsettling. This is sometimes called a ‘warning’ or ‘aura’ if the seizure spreads to become another seizure type (for example, see tonic clonic seizure below). Gentle reassurance many be appropriate.
• Focal impaired awareness seizures: the person loses awareness, become confused and may act strangely (such as wandering around, mumbling or making chewing movements with their mouth) These seizures can last for a couple of minutes, and can easily be mistaken for other unusual behaviour. Gently guide them away from any danger and stay with them until they recover.
• Tonic and atonic seizures: the person abruptly falls down but usually recovers quickly. Check that they are not hurt.
• Absence seizures: the person becomes blank and unresponsive. If they are walking they may carry on walking, which can be dangerous. Gently guide them away from any danger and stay with them until they recover.
• Tonic clonic (convulsive) seizures: the person goes stiff and may cry out. They fall to the ground and have convulsions (jerking of the body). Their breathing may be affected and may sound noisy or laboured. They may go pale or blue, particularly around their mouth. They may also bite their tongue, and there may be blood-stained saliva around their mouth. They may also become incontinent.
• During this type of seizure (Tonic clonic):
• Try to stay calm;
• Check the time to see how long the seizure goes on for;
• Only move the person if they are in a dangerous place, for example in the road. Instead, move any objects, such as furniture, away from them so that they don’t hurt themselves;
• Put something soft under their head, or cup their head in your hands, to stop it hitting the ground;
• If they have tight clothing around their neck, or they are wearing a head scarf or veil, you might want to loosen this to help them breathe;
• Do not restrain them or hold them down allow the seizure to happen;
• Do not put anything in their mouth - they will not swallow their tongue; and
• Try to stop other people crowding around.
After the seizure ends (the shaking stops):
• Roll them on to their side into the recovery position;
• If their breathing sounds difficult or noisy, check that nothing is blocking their airway;
• Wipe away any spit from their mouth;
• Try to minimise any embarrassment. If they have wet themselves try to deal with this sensitively (for example, you could put a coat over them); and
• Stay with them until they have fully recovered.
After this type of seizure the person is usually very confused and tired, and may want to sleep. Most people won’t need any special medical attention. However, if you are concerned for any reason that the person has hurt themselves or they are not recovering, you may need to call for help (see page 16).
(Information supplied courtesy of Epilepsy Society).
When to call for help
Most epileptic seizures happen suddenly, last a short time and stop on their own, and the person will recover and not need any medical help. However, it is important to call for an ambulance in the following situations:
Did you know……. There were 136,800 admissions for Strokes in the UK in 2021/2022
Strokes
• it is the person’s first seizure;
• they have injured themselves or have trouble breathing after the seizure has stopped;
• one seizure immediately follows another with no recovery in between; the seizure lasts 2 minutes longer than usual; or
• the seizure lasts for more than 5 minutes if you don’t know how long their seizures usually last.
When the seizure has ceased, open the casualty’s airway and check breathing. Be prepared to give rescue breaths and chest compressions if necessary. If the casualty is unconscious but breathing normally, place them in the recovery position and monitor and record their vital signs level of response, pulse and breathing.
A stroke is caused by a portion of the brain being starved of oxygen. This can be due to a burst blood vessel or a clot blocking a blood vessel. The lack of oxygen causes damage to the brain. The long-term effects of a stroke depend on what part of the brain and how much tissue is affected.
To recognise if someone has suffered a stroke, use the FAST test - Face, Arms, Speech, Time. Do this by asking the person to smile, if they have had a stroke, they may only be able to smile on one side, while the other side of their face may droop. Ask them to raise both arms as if they have had a stroke, they may only be able to lift one arm. Next, ask the person to speak to you, a stroke often leaves people unable to respond appropriately. Finally, it is time to call 999/112 for an ambulance. Explain to the operator that you have used the FAST test and suspect a stroke.
Please note, that these tips are no substitute for formal first aid training. First aid procedures change from time to time, so the above information may be subject to change. Organisations such as St. John Ambulance now offer email alerts to notify people of changes in first aid procedures, as well as a comprehensive range of online advice and training courses.
WHAT IS A PERSONAL INJURY?
Personal injury covers physical and psychological injuries resulting from accidents at work, in public places or abroad, criminal injuries, road traffic accidents and work-related illness. Psychological injury includes symptoms such as depression and PTSD.
Substantial numbers of people fail to claim compensation simply because they are not aware of their legal rights.
Any compensation claim depends on being able to prove that your injury is fully or in part caused by the fault of another, either through their actions or inactions. We all have a duty to go about our daily lives without causing harm to others, for example, whilst driving a car. If our actions or inactions fall below a minimally competent standard, that is deemed to be negligent and we will be liable if that causes harm to others.
If an individual is unable to pursue a claim personally as their injury has meant they have lost the necessary mental capacity to reach decisions, another person, such as a family member or close friend can bring a claim on their behalf in a representative capacity.
Rehabilitation
It is very important in a serious injury claim to access the right rehabilitation, care and support to ensure the injured person is able to maximise their recovery and regain as much quality of life as is possible.
Defendants should be notified of claims early and invited to engage in providing rehabilitation under the Rehabilitation Code. This may involve a stay in a specialist in patient unit or ensuring someone is appropriately set up at home with all the interventions, therapies and support they need to make the best possible recovery.
‘What is Compensation?’
A serious accident can change someone’s life in an instant. The true cost to you and your family cannot be underestimated.
Early notification of a claim for compensation is important as it provides the opportunity to obtain an interim payment to assist with immediate financial concerns and private rehabilitation and support.
Whilst this is not an exhaustive list and each individual’s needs are unique to them, compensation can be claimed for:
• Damages for the injury itself to reflect pain and suffering
• Loss of income
• Funds to pay for new and adapted housing
• Cost of therapists and carers
• Specialist equipment and IT
• Specially adapted transport
• The cost of a professional Deputy if mental capacity is impacted by the injury
Did you know……. 35.2 million working days lost due to non-fatal workplace injuries according to self-reports from the Labour Force Survey 2022/2023
Related matters
Compensation is recoverable if the injuries were caused by another person’s negligent act or omissions. In general the party at fault does not make the compensation payment directly from their own personal funds, as there is generally an existing insurance in place that meets claims where fault can be established.
Solicitors who are specialists in serious injury work will establish at an early stage that the right insurance is in place and that those insurers will deal with the claim. A car driver, for instance, is required to have insurance cover which will compensate a third party for any damage or injury. Employers are required to take out insurance to cover them for any liability to their employees. Sometimes a home contents insurance policy may insure the householder against accidents which occur on his or her property.
Although it is a legal requirement to take out car insurance this does not mean a claim cannot be brought if it is found that no such insurance is in place. If the driver of a car, for example does not have a valid insurance policy or if they left the scene of the accident and cannot be identified there is a body called the Motor Insurance Bureau (MIB) who can investigate and meet these claims if fault can be established.
Likewise, if there hasn’t been a successful criminal prosecution this does not mean a personal injury claim cannot be progressed as there are very different burdens of proof. Furthermore, lack of a criminal prosecution does not automatically
mean a civil claim for compensation will not succeed, as the legal tests for criminal and civil cases are different.
Claiming Damages
The term “damages” basically means compensation. A claim for compensation is made directly against the person or organisation that is considered to be at fault. While this may include, say, another driver, your employer, a local council, or a property owner, it is also possible to claim against members of your own family through any relevant insurance policy they may hold. For example, if you are a passenger injured in an accident caused by the driver of the car in which you are traveling, then even if that driver is your partner or a family member, you can claim against their motor insurance policy-for the injuries you suffered and reasonable losses flowing from those injuries.
Compensation is legally referred to as either “General Damages” or “Special Damages”.
General Damages
The term “general damages” refers to the pain and suffering you have endured as a result of your injury, along with the loss of the quality of life. There are questions your solicitor will ask you to establish not only how severe your injuries are, but also how they have impacted your ability to carry out day to day tasks e.g., (driving; doing housework; working in your usual job, or if you are no longer able to play sports or enjoy your hobbies). Medical expert evidence is also obtained to provide further support on the nature and extent of the injuries you have suffered.
Special Damages
“Special damages” compensate you for all ‘quantifiable monetary losses;’ in other words providing compensation for money you have had to pay out, or have lost, because of an accident or injury. It may, therefore, cover such things as loss of earnings, treatment costs, a permanent carer, rehabilitation costs, travel expenses, prescription fees, and the cost of any special equipment or modifications to your home or vehicle. If possible, you should keep all receipts for any costs relating to your injury as evidence to support your claim for special damages.
Future Losses and Expenses
You can also add anticipated future losses to include:
• Loss of earnings if you are unable to return to work or you have returned to a lesser paid job
• Ongoing treatment and rehabilitation
• Care
• Accommodation
• Specialist equipment
• Housing and transport These costs are carefully costed out for the rest of your life.
Interim Payments
After sustaining a severe injury, meeting your immediate financial needs can be a struggle. Once solicitors are instructed, they will seek to obtain immediate financial help by way of an “interim payment”.
These funds are generally used to relieve any financial pressure and also to put in place a rehabilitation package to ensure the best possible recovery can be made. If funds are not readily agreed by the other side, your solicitor may suggest court proceedings be issued to initiate a formal application for an interim payment.
Reduction in Damages
Even if an injury was partly your own fault, a claim may still be successfully pursued. However, there may be a reduction in the amount of damages awarded. For example, if you are injured in a car accident and you were not wearing a seat belt and one was fitted to the vehicle, your compensation might be reduced. The level of any reduction in damages will depend on what extent you are considered to be at fault (this is known as ‘contributory negligence’).
Your compensation may also be reduced if the other side can prove that you did not reasonably mitigate your losses, that is, you did not do what you could reasonably do to keep them to a minimum.
Finally, if you have been receiving state benefit payments because of your injury, you may have to pay them back from any compensation you receive. The law does not permit “double recovery”. The rules are complicated in this area, and a personal injury solicitor will advise you accordingly.
Check on www.gov.uk/ government/ collections/cru for more details.
BRAIN AND SPINAL CORD INJURIES
In the UK over 1 million people each year attend accident and emergency departments with a head injury, and around 200,000 of these are admitted to hospital. There are approximately 1.3 million people living with disabilities resulting from these injuries. The vast majority of head injuries are not admitted, and most people with head injuries do not attend hospitals.
Brain/ head and spinal cord injuries are amongst the most devastating of all injuries. Whilst even relatively minor head injuries can cause far-reaching effects, the most severe brain injuries are sudden, unexpected and often life-changing, affecting not only those unfortunate to be injured but also those closest to them.
Did you know……. Males are 1.5 x more likely than females to be admitted for a head injury
Personalities can change, mood swings may become exaggerated and many people are no longer able to perform the simple daily tasks that they once could.
Their injuries have changed their lives beyond all recognition, and the lives of those closest to them.
Employment in your usual job, or any job, may no longer be possible; financial responsibilities can become overwhelming; family and close relationships may come under strain, and education can be halted in its tracks.
It is vital you or a family member contacts a law firm that is experienced in dealing with catastrophic injuries.
Fatal Accidents
In the deeply upsetting circumstances involving the death of a loved one, your solicitor will recognise and understand that no amount of money will compensate for your loss.
Seeking out a solicitor at such a difficult time is unlikely to be the first thought in your mind, but it may be a very important step that you have to take. In many cases, compensation can help families and their loved ones to recover financially and rebuild their lives in the years that follow.
ACCIDENTS AT WORK
Accidents at work are fairly common. Whether you work in a factory, a restaurant, a shop, a farm or an office, potential dangers always exist that might cause an accident and serious injury or worse, a fatality.
All employers have a legal responsibility to provide their employees with a safe and secure workplace.
Did you know……. The annual cost of workplace injury in 2021/2022 was 7.7 billion
This means providing:
• Adequate equipment and materials
• Competent co-workers
• A safe system of work
• Appropriate training and supervision
If your employer does not fulfill their legal responsibilities and you suffer a work injury, you could be entitled to make a claim for compensation. All employers must have Employers Liability Insurance to cover them in the event of a claim for injuries sustained from accidents at work.
What You Should Do First
When an accident occurs, whether at work or elsewhere, it is a good idea to keep a diary of events, not only the circumstances of the accident but also a detailed note of visits to your GP or to hospital, and the progress of your recovery from the injury. In addition, keep a note of any expenses you may incur in relation to the injury (e.g., loss of earnings and the cost of traveling to and from hospital) and hold on to any receipts. You should also make a note of any activities you can no longer do as a result of your injuries.
If you can obtain photographs of machinery, equipment, vehicles or locations related to your accident then ensure you do so as quickly as possible. You should also try and get the name and addresses of anyone who saw your accident, as they can be independent witnesses to support your claim. If you are aware of other people having experienced similar accidents to yours, make a note of the circumstances and who these individuals were (if that information is available).
If your accident took place at work, be sure to report it immediately through the appropriate avenues. By law, employers must keep a record of most types of accidents. If you are self-employed, record the accident yourself (self-employed people are not entitled to the Industrial Injuries Disablement Benefit).
Keep the report factual and avoid placing blame, it is also helpful to write a signed and dated report for your own records.
You or your employer should also report the accident to the Health and Safety Executive or the local authority environmental health department, if applicable. If you are hurt in a road accident, you must tell the police and, if your car was involved, your insurance company. The insurance company may refuse to deal with your claim for compensation if you do not report the accident.
You may decide to pursue a claim for compensation if your injury happened while you were under the care of a doctor or in hospital. In that case you will be bringing a “clinical negligence” claim, and different rules apply as your solicitor will advise. You can also contact “Action against Medical Accidents” for further advice (see Useful Contacts/ Organisation section for contact details).
Suing Your Employer
An employer is legally bound to protect their employees under Health and Safety legislation, and also to insure against the risk of an unlawful accident to an employee. Therefore, always take legal advice about the possibility of suing your employer if you have been injured at work. You can also do this by consulting your trade union, if you belong to one.
If your claim succeeds, the compensation awarded is likely to be much more than the amount of any Industrial Injuries Disablement Benefit – although you should still claim for that, if entitled (see ‘Claiming Benefits’ section).
The insurance company may deduct from your claim for Special Damages, the amount of any state benefits you have received as a result of the accident and will refund them to the Government. Visit https://www.gov.uk/government/ collections/cru for more information.
You may be concerned about the repercussions of suing your employer in terms of returning to work and potential victimisation. However, various Health and Safety laws are in place to protect the rights of employees and employers generally accept that injuries leading to compensation claims will occur from time to time and are covered by their insurance.
Taking Legal Advice
The rules governing compensation claims are extremely complicated and, while it is technically possible to pursue a claim yourself, the process is much less stressful-if you instruct an experienced solicitor. Specialists dealing in this area of work are identified under the ‘Useful Contacts/Organisation’ section at the back of this publication.
It is important to remember that once a claim has been finalised you cannot re-open the claim or ask for more compensation, if, for example there are further health complications down the line.
Therefore, it is advisable that you instruct a solicitor to represent you, and ensure your claim is expertly negotiated to achieve the maximum benefit for you and anyone else impacted by your injuries.
A solicitor will be glad to offer a free initial consultation to see whether you have a viable personal injury or medical negligence claim, and they will advise you on its chances of success.
We suggest you speak with solicitors experienced in this area of law, particularly those who are members of the Law Society Personal Injury and Clinical Negligence Panels. Many solicitors will represent you on a ‘no win – no fee’ basis. At an early stage of your claim, your solicitor will discuss taking out insurance cover to protect you against the possibility of having to pay your opponent’s costs should your case be unsuccessful.
The
Three-year Time Limit
If your injury was caused by someone’s negligence, in most cases you must start Court proceedings within three years of the date you were injured, or of “the date of knowledge”, i.e., when you knew you were injured and believed it was due to someone’s negligence (e.g., if you are suffering as a result of exposure to asbestos, your illness may have taken many years to manifest itself and the three-year limit would start to run from when you found out you had been injured).
If Court proceedings in respect of your claim are not started within three years of your accident or three years from the date you knew you had a claim, the Courts are likely to find that your claim is out of time. The three-year rule applies in different ways in different circumstances with some variation in the case of criminal injuries
(you must start court proceedings within three years of the assault unless you are applying for Criminal Injuries Compensation, which has a two-year time limit) and injuries abroad - so it is advisable not to wait too long before seeking legal advice. There are some exceptions where judges can override the three-year time limit. Consult a solicitor for further information.
If the case is about a child who has been injured, the time limit does not normally start until they turn 18 (16 in Scotland).
Claims
Under £100,000
There are procedural rules in place designed to speed up the resolution of all civil cases, including injury claims, if your accident happened on or after 1st October 2023 or if proceedings were issued after that date. In those circumstances, and where your case is deemed to be straightforward with an estimated value of between £25,000 and £100,000 the case will be accelerated to conclusion.
If the case is not complex, or is valued at less than £25,000, there is a separate set of rules that apply.
Where your claim has been valued at over £100,000 it will fall outside of both frameworks. Any claim that involves a liability dispute also automatically exits the systems. Your solicitor will advise you on this complex aspect of your case and inform you as to whether or not your claim can be dealt with outside of this fixed framework.
Choosing a Solicitor
• The Law Society - Personal Injury Accredited Scheme
• Association of Personal Injury Lawyers (APIL) - individual and corporate accreditation -specialists in all areas of injury and negligence
• MASS - Motor Accident Solicitors Society
• HEADWAY - Head Injury Solicitors Directory
• BRAIN INJURY GROUPwww. braininjurygroup.co.uk/findbrain injury-solicitor/
If you decide to consult a solicitor to claim compensation, you should seek advice from one who specialises in personal injury cases. Choose a solicitor who is a member of a recognised legal support body such as the Community legal Service, APIL, The Law Society, the Citizen’s Advice Bureau. Your trade union can also help you identify a suitable solicitor.
If you have legal expenses insurance, your insurers may want to appoint a panel solicitor to handle your case, but you do not have to use their recommended solicitors. If you want to choose your own solicitor, ask them to speak to the insurance company.
When choosing a solicitor, it is crucially important you are instructing a solicitor who is an expert in their field, and particularly your injury type. You can usually find this out through your initial discussion with them or reviewing their website.
You are recommended to get a good understanding of:
• The benefits of bringing a claim?
• • What risks are involved?
• What costs could you face?
• How long will the case take?
• The funding arrangement
Claims Assessors and Management Companies
Some people choose to pursue compensation claims via a claims assessor or claims management company. Claims assessors normally operate on a ‘contingency fee’ basis, which means the company will take a percentage of the amount you win as their fee. If you lose, they will normally get nothing but you should check their terms very carefully if you choose this avenue of support as they may require an initial payment or ask that you take out an insurance policy to cover the other party’s costs in the event of your claim failing.
Some claims assessors do not use solicitors and can negotiate directly only with the organisation you believe is responsible for your injury. Claims assessors cannot take court action for you or represent you in court. This means that if they are unable to negotiate compensation for you, you must begin your claim through the Court by using a solicitor. This duplication of effort can lead to substantial delays and may put your claim outside the three-year time frame.
Claims management companies work in different ways, so how you pay them depends on how they work. You may have to pay an upfront fee, the company may make
You should be aware that there are no specific rules or regulations covering how claims assessors and claim management companies must work, whereas solicitors must strictly follow the Solicitors Regulation Authority code of conduct and have their own professional insurance against negligence.
The Compensation Act 2006 provides the statutory framework for the regulation of claims management activities. Since April 2007, all companies providing claims management services without authorisation or exemption are committing a criminal offence. Companies offering services in respect of personal injury, criminal injuries compensation, employment matters and industrial injury disablement benefits must be registered with the regulator and are required to meet certain standards.
Consumers can check if companies are registered at www.gov.uk/ government/groups/claimsmanagement-regulator
Authorisation and regulation is carried out by the Claims Management Regulation at the Ministry of Justice. For more detailed advice please consult a solicitor.
Legal Fees
Personal Injury firms will generally offer a no win, no fee agreement. What this means is that if you do not ultimately succeed with your claim you will not have to pay anything, therefore there is no financial risk. If a claim is successful the vast majority of your legal fees will be recovered from the defendant, however in some cases there may be a small success fee payable from the compensation received to reflect the risk to the firm for running the case.
If you lose your case or if you go to court and or do not improve on an offer made by the defendant, you will not be liable for your solicitor’s fees but you will still have to pay the costs of disbursements incurred on your behalf. In addition you may have to pay the other side’s costs. After The Event (ATE) insurance policies can be taken out to insure you against these risks and will cover these expenses. In the vast majority of claims the premium will not be payable until the end of the claim and deducted from your compensation. If the claim is not successful you do not have to pay the premium at all; it is self-insured.
Financial assistance is no longer available for most personal injury claims. You may, however, qualify for help in certain circumstances (e.g., a medical accident, an assault by the police, or deliberate harm, such as child abuse).
scheme through your car or house insurance policy, or perhaps from other insurance you may have. All these matters will be dealt with by your solicitor to ensure that you know what the financial position is. If your injury occurred at work and you are a member of a trade union, you may be able to seek their support for legal costs and help finding a solicitor. If you wish to, you may fund your case using your own resources.
What Your Solicitor Does
As a brief overview your solicitors will carry out the following steps to handle your claim:
• Obtain full and detailed instructions from you.
• Make an assessment of the chances of success and the possible value of the claim.
• Submit details of the claim in accordance with the Civil Procedure Rules to the Defendants.
• Secure an interim payment and ensure a rehabilitation regime is in place.
• Submit details of the claim in accordance with the Civil Procedure Rules to the Defendants.
• Obtain all relevant and supporting evidence, such as witness statements, medical reports and other experts’ reports to fully understand the implications of the injuries sustained and what these will mean for you long term.
• When your injuries have stabilised, your solicitor will negotiate a settlement without going to Court or, if necessary, issue proceedings in Court. In fact, most personal injury claims are settled through negotiation without a Court hearing.
• Normally with the assistance of a barrister, prepare all legal documentation for the issue of proceedings and advise on all procedural matters at each stage of your claim.
• If the defendants do not accept responsibility for the accident, they have to file a formal document a “Defence”, which sets out the reasons why the claim is being denied or defended.
• If the matter cannot be resolved, through correspondence and negotiation, then both sides through their barristers present the case before a Judge who will then decide who is responsible for the accident and, if necessary, how much compensation or other damages should be awarded.
Alternative Dispute Resolution (ADR)
ADR looks at options for resolving disputes without going to court and encourages people to negotiate a settlement before starting court proceedings.
Road Accident
Every year, hundreds of people suffer injury through road accidents. Some drivers break the law by not taking out motor insurance and this can present a serious problem if they’re in an accident.
The Motor Insurers’ Bureau (see Useful Contacts/Organisation section for contact details), which is funded by the motor insurance companies, has a scheme to help people who are injured in ‘hit and run’ accidents or in accidents involving drivers who are not insured. There are, however, strict rules that apply to making claims under the scheme. If this applies to you then your solicitors will advise you of your options.
Accidents Abroad
If you were injured outside the UK, you usually have to make a claim under the law of the country where your injury occurred, although this may not be the case if the person or organisation responsible is based in the UK (e.g., a package tour operator).
Claiming under foreign law is complex and expensive and you should seek expert legal advice from personal injury lawyers who specialise in representing for people injured abroad.
Faulty Products or Services
It is possible to make a personal injury claim if your injury was caused by a faulty product or service (e.g., a faulty car or power tool, or an injury sustained at the hairdressers for example). For more information, contact Citizens Advice Consumer Service (see Useful Contacts/ Organisation section contact details).
The Compensation Payment
Compensation awarded for injuries is tax-free in all instances. Where the award is a sizeable one, allocated on the basis of long-term future loss, your solicitor will guide you in seeking expert advice about investing the money and gaining interest on the capital. Your bank will also be able to recommend help with this.
Criminal Injuries
If you have been the victim of violent crime - for example, an assault or mugging - you may be able to claim compensation. The Criminal Injuries Compensation Scheme can be used for an application for compensation. Claims are dealt with by the Criminal Injuries Compensation Authority (see Useful Contacts/Organisation section).
The offender does not have to have been convicted or even charged with the crime that led to your injury in order for you to make a claim but other eligibility criteria does apply.
A police report will be required so if the crime for which you are seeking compensation has not been reported to the police you will not be able to make a claim.
Your solicitor will be able to advise you, or you can contact the Criminal Injuries Compensation Authority for details.
Claiming Benefits
When an accident leads to you being unable to work long term, you are initially likely to be entitled to claim Statutory Sick Pay from your employer, who will ask for confirmation of your illness, meaning a self-certificate for the first 7 working days off, and a doctor’s certificate for absences beyond that time.
If you become disabled because of an accident at work, your solicitor will advise you on your entitlement to state benefits. In any event you should submit a claim for financial
support as soon as possible, although you may not be entitled to receive the payments for 90 days after the date of the accident.
This claim is started by completing the BI100A form “Accidents Caused by Work” or the BI100PD form for diseases caused by work - ‘Industrial Injuries Disablement Benefit’. Your solicitor will advise in more detail on this, and you can also obtain the forms from your regional disablement benefit office or download via www.gov.uk
You must submit your claim no later than six months after the date of your accident.
Alternatively, you may be entitled to benefits such as Constant Attendance Allowance, Exceptionally Severe Disablement Allowance, Reduce Earnings Allowance or Pneumoconiosis Etc. (Workers’ Compensations) Act 1979.
For further details, please see our booklet ‘Work Related Injuries, Diseases & Employment Issues’.
www.gov.uk also offers comprehensive information, and your solicitor will also advise you accordingly.
JARGON BUSTER
ATE is short for ‘after-the-event’ insurance. This is an insurance policy you can take out after an accident has already happened so that you can pursue a compensation claim. If your claim is not successful, the insurance policy should pay your opponent’s legal costs and disbursements (expenses). Your solicitor will advise you fully on this aspect of your claim.
Breach of Contract
A contract is ‘breached’ if it has been broken or ignored in some way, for example, if your car comes back from the garage after a service and it doesn’t work, the garage will have breached its contract with you.
Clinical Negligence
The amount a solicitor charges for the legal work involved in handling your claim. They are calculated using either an hourly rate or fixed costs, depending on the protocol the claim has been dealt under. If an hourly rate is applied, these rates may vary depending on the experience of the person doing the work. Your solicitor will explain to you how their basic charges are calculated and put it in writing.
Insurance
Basic Charges BTE
BTE is short for ‘before-the-event’ insurance. It is also known as legal expenses insurance and is often offered as an optional extra when you take out car and household contents insurance. Some credit cards have BTE insurance, but it can be taken out as separate insurance, too. BTE insurance may pay for the legal costs of making a claim for compensation, whether you win or lose. Your solicitor will be able to check the terms and conditions of any BTE insurance you have and tell you what it will and will not cover.
The legal term used to describe a medical accident where someone has been harmed because a doctor or other healthcare professional has not given the proper standard of care. But not all complications or medical procedures that don’t work are clinical negligence, because sometimes what happened could not have been avoided.
Conditional Fee
This is a contract between you and your solicitor under which your solicitor will not get paid for their work unless you win your case. This agreement is more widely referred to as a ‘no win no fee agreement’. Should you lose though you may still be liable for your opponent’s costs. Your solicitors will advise you on the merits of obtaining ATE insurance to cover such an eventuality.
Damages
The money you are awarded as compensation, either after a court hearing or by reaching an agreement before getting to court.
Disbursements Personal Injury
Disbursements are expenses, such as court fees, medical reports and police accident reports. Your solicitor may pay these for you at the start of your claim and get repaid by your opponent if your claim is successful. If you don’t win your claim, these costs can be paid under some afterthe-event insurance policies.
Limitation Period
This is the period of time within which you must make a claim for compensation. It is usually three years for personal injury cases and six years for other claims. After this time, you are very unlikely to be able to make a claim, although there are exceptions to this. Your solicitor will advise you about the limitation period that applies in your particular case. This is a good reason for seeing a solicitor as soon as you think you may have a possible claim for compensation.
Negligence
Other Side, Opponent
Negligence is when a person or organisation doesn’t take reasonable care over something where they have a duty to do so, for example, failing to drive carefully. If you are injured because someone was negligent (they did something they shouldn’t, or didn’t do something they should), you may be able to claim compensation. These are the different terms you may hear used to describe the organisation, person or defendant from whom you are claiming compensation.
Any injury you suffer is personal, but in legal terms, a personal injury for which you can claim compensation is where a person, or a company is to blame (at least partly) for your injuries. An injury need not be physical – you may be able to claim compensation for mental and psychological injury.
Statutory Duty
This is a legal responsibility to do something set out in an Act of Parliament. So, for example, employers are under a statutory duty to protect the health and safety of their employees. If an employer fails to do this they are said to be ‘in breach of their statutory duty’.
Success Fee
Solicitors who act under a Conditional Fee Agreement usually charge an extra fee on top of their basic charges if you win your case. This charge reflects the risks of running a case which might fail and result in the solicitor being paid nothing. This is called a success fee. It is a proportion of your solicitor’s basic charges and cannot be more than 100% of the basic fee itself. Your solicitor should explain their success fee before you start your claim. If you win your case, legislation limits the amount of the success fee to a maximum of 25% of your compensation for pain, suffering, loss of amenity and past losses and is payable out of your compensation.
USEFUL CONTACTS/ ORGANISATIONS
Action against Medical Accidents
Freedman House, Christopher Wren Yard, 117 High Street, Croydon CR0 1QG
Visit our help and advice section of our website.
Advice Now
Provides information and practical guides to help manage life’s legal problems
Association of Personal Injury Lawyers (APIL)
3 Alder Court, Rennie Hogg Road, Nottingham, NG2 1RX
Call APIL for a list of APIL members in your area
Benefits
Brake
Brake supports people who have been bereaved or seriously injured in a road crash, as well as the family, friends and professionals supporting them. Support is provided via highly acclaimed literature and through a telephone helpline staffed by professionals. Brake produces a range of literature to support those bereaved or seriously injured following a road crash. Literature includes information and advice to help with the immediate practical issues people may face, coping with emotions and feelings following a crash, criminal prosecutions, and finding appropriate legal support.
Citizens Advice Bureau
For free, independent and impartial advice visit our website.
Helpline 0845 123 2352 Mon – Fri 10am – 3.30pm
Email: Via the online contact form www.avma.org.uk
www.advicenow.org.uk
General Enquiries 0115 943 5400
Email us via the online contact form www.apil.org.uk
www.gov.uk/browse/benefits
Victim Helpline 0808 800 0401
Email: help@brake.org.uk www.brake.org.uk
Adviceline (England) 0800 144 8848
Advicelink (Wales) 0800 702 2020
Relay UK: 18001 0800 144 8884
www.citizensadvice.org.uk
Criminal Injuries Compensation Authority (CICA)
CICA deal with compensation claims from people who have been physically or mentally injured because they were the blameless victim of a violent crime in England, Scotland or Wales.
Epilepsy Society UK
Epilepsy Society is the UK’s leading epilepsy medical research charity and provider of epilepsy services. As a national charity, we offer support to everyone affected by the condition and strive to raise awareness of epilepsy. Our centre of medical excellence provides the latest diagnostic tests, assessments and treatment. Epilepsy Society’s globally renowned pioneering research is making great strides in finding the underlying causes of epilepsy and optimising seizure control. We offer a comprehensive range of care services, information and training for individuals and healthcare professionals. We campaign to ensure the voice of people affected by epilepsy is heard, and work in partnership with other neurological organisations to influence decision makers.
Headway
The Brain Injury Association, Bradbury House, 190 Bagnall Road, Old Basford, Nottingham, NG6 8SF
The Law Society
The Law Society does not provide legal advice to the members of the public. If you require advice use our ‘Find a Solicitor’ website to locate a firm in your area.
LGBT+ Switchboard
At Switchboard we provide information, support and referral service for lesbians, gay men and bisexual and trans people – and anyone considering issues around their sexuality and/or gender identity.
Helpline: 0808 304 2238 or complete an online complaints form www.cica-criminal-injuries.co.uk
Confidential Epilepsy Helpline 01494 601 400 Tue, Thur & Fri 9am – 4pm Mon & Wed 9am – 7.30pm National call rate.
Email: helpline@epilespysociety.org.uk www.epilepsysociety.org.uk
General Enquiries 0115 924 0800 Email: enquiries@headway.org.uk
Helpline 0808 800 22 44Free & confidential Email: helpline@headway.org.uk
www.headway.org.uk
www.lawsociety.org.uk
Tel: 0800 0119 100 Open 10am – 10pm’ every day
www.switchboard.lgbt
Ministry of Justice
102 Petty France, Westminster, London, SW1H 9AJ
Motor Insurers’ Bureau
Linford Wood House, 6-12 Capital Drive, Linford Wood, Milton Keynes, MK14 6XT
Helping victim of uninsured and hit-and-run drivers
Official Injury Claims
Official Injury Claim is a new free and independent service for people with minor injuries from a road traffic accident to claim compensation without legal help.
RoadPeace
Shakespeare Business Centre, 3rd Floor, 3Space International House, 6 Canterbury Crescent, London, SW9 7QD
RoadPeace is a National Charity which supports practical and emotional support to those bereaved or injured in road crashes.
Stroke Association
At the Stroke Association we believe in life after stroke. We support stroke survivors to make the best recovery they can.
General Enquiries: 020 3334 3555
Mon – Fri 9am – 5pm
www.gov.uk/government/organisations/ ministry-of-justice
Visit our website for more information on how to make a claim.
Email: Via the online contact form www.mib.org.uk
www.officialinjuryclaim.org.uk or call 0800 118 163 Mon - Fri 9am - 5pm
Office: 0207 733 1603
Helpline: 0800 160 1069
Email: info@roadpeace.org www.roadpeace.org
Helpline 0303 3033 100
Email: helpline@stroke.org.uk
Supporter Relations Team Tel: 0300 3300 740
Email: supporter.relations@stroke.org.uk
Email: info@stroke.org.uk www.stroke.org.uk
Well Aware
Health and Wellbeing at your fingertips! Well Aware is a website run by The Care Forum with lots of information about 1,000s of health, wellbeing and community services.
The Well Aware Team at The Care Forum will search for information for you.
0808 808 5252 This call is FREE
Email: info@wellaware.org.uk www.wellaware.org.uk today and try it yourself!
ABOUT THIS GUIDE
The information provided in this publication is given in good faith and is in no way connected to or affiliated with any of the organisations contained within this publication. The information supplied should not be taken as legal advice.
The content is also not intended to replace other healthcare professional advice that you may be encouraged to seek professional advice should be sought where appropriate. Any rates and information contained within this publication was correct at the time of print in April 2024.
As benefit entitlements change regularly, you are advised to contact the benefits enquiry line or your local jobcentre plus for information about current entitlements.
IMPACT
Publishers of The Healthcare Media range of literature, distributed to over 158 health districts throughout the UK.
In addition to this title you may find the following titles of interest.
Bereavement
Injury Advice
Making a Will and Funeral Planning
Older Persons Community Care
Mobility Advice
Private Healthcare
Regaining Your Independence Relationship Breakdown
Sight & Hearing
Work Related Injuries & Disease /Employment Issues
Pregnancy & Parenthood
Regional GP Appointment Cards
GP Antenatal Appointment Cards
For further details please visit our website at www.impactonlife.com or complete the publication order form, to obtain a free of charge copy of any title contact us at circulation@healthcaremedia.co.uk to order either a hard copy or a digital copy of any of the titles.
Please save me or recycle
Please save me or recycle
Serious Injury Claims – How Can We Help You?
Specialist legal support for clients with head, brain, spinal and fatal injuries arising out of accidents at work, on the road, in public places, abuse and assault.
• Assessment of your treatment plans and living arrangements
• Collaboration with medical experts, case managers, rehabilitation and therapy providers
• Recovery of compensation for the pain and su ering caused by the injury, loss of earnings and out of pocket expenses including treatment and rehabilitation costs
• We have o ces across the East Midlands, Lincolnshire and Yorkshire. Please visit our website to nd the o ce closest to you. Home and hospital visits are also available.
Client Feedback from Seriously Injured Clients
We remain most grateful for all your help and support in bringing this matter to a satisfactory conclusion. No one could have done more, and we think the outcome is not only a credit to your skills in this area of law, but also to the care and attention that you have taken on his behalf.
Following a very positive recommendation from a friend I got in touch with Sills & Betteridge. During the whole process, Simon involved the right people at the right time with full explanations and alternative choices. This involved some of his colleagues. I never felt handed over - more an enforcing opinion that everything was going to be alright. I cannot recommend Simon, his colleague Laura and the rm that is Sills & Betteridge enough. Quality people providing a quality service.
Simon Breeden is a Partner in the Personal Injury Team at Sills & Betteridge. He specialises in complex, high value claims, is a Practitioner Member of the Association of Personal Injury Lawyers (APIL) and is Recommended by the Legal 500 (The World’s Leading Legal Directory).
For an initial discussion please call Simon on 0115 941 1469, email SBreeden@sillslegal.co.uk or visit www.sillslegal.co.uk
4 George Street, Hockley, Nottingham, NG1 3BE Simon Breeden
