Making a Personal Injury Claim

In most cases, court proceedings for a personal injury claim needs to be filed either within 3 years of the accident or within 3 years of you becoming aware that you were injured as a result of the accident.

Speaking to a solicitor is extremely important and they will help you to understand whether you have a case and how much you are likely to get. Once you instruct a lawyer to help you with your claim present case expertly and make sure that you have correct evidence. 

No Win No Fee

If we consider that your claim has a reasonable prospect of success, we may offer to take on your claim on a no win no fee with no initial outlay required from you.

At Fraser Dawbarns we have personal injury specialists who are members of The Association of Personal Injury Lawyers (APIL), a not for profit organisation of legal professionals specialising in personal injury work. We tailor our service to your needs and have access to a range of independent medical experts who can prepare reports on our client’s injuries.

Types of Personal Injury Claim

In our experience, every personal injury claim is different, so we build our service around your specific circumstances and needs. Below are examples of some of the more common types of personal injury claim we deal with at Fraser Dawbarns.

If your injury has left you out of pocket and you suspect that was somebody else’s fault, give Fraser Dawbarns a call to discuss your claim in more detail. 

Accidents at Work

There are many ways a person can be injured in the modern workplace, especially when the employer has not correctly followed health and safety procedures. Common injuries can include, back injuries, slips and falls, injuries resulting from faulty equipment and injuries resulting from unsafe practices and procedures. If your employer has failed in their duty of care to keep you safe by not following correct procedure, you may be entitled to make a claim against their worker compensation insurance. Contact Fraser Dawbarns for more information on your rights and the best way to proceed.

Road Traffic Accidents

Whether you were driving a car, riding a motorcycle, a cyclist or a pedestrian, personal injury resulting from a road traffic accident can be severe. Anyone involved in a road traffic accident should seek medical attention as soon as possible. Once you are able, you should speak to a solicitor as soon as possible who will help you with the next step. The personal injury team at Fraser Dawbarns will provide you with help and advice, guiding you through your road traffic accident claim from start to finish.

Medical Negligence

Medical or clinical negligence occurs as a result of poor care from a medical professional and there are several reasons why you may want to bring a medical negligence claim. You may have had an existing condition worsened or developed a new condition as a result of medical treatment. You may be bringing a claim on behalf of a minor or on behalf of someone who is recently deceased. Whatever the circumstances, it is important to get legal advice from a team that can guide you through your claim. Fraser Dawbarns have access to a range of independent medical experts who can prepare reports that can be used as evidence. Our team can help you gather evidence and establish liability. Contact Fraser Dawbarns today for help with your medical negligence personal injury claim.

Injuries from Defective Products

There are many ways that faulty products can cause personal injury. Common defective product claims include poisoning by contaminated food, burns from faulty electrical products and complications arising from defective medicine or drug supplements. Whatever the circumstances, if you have been injured by a defective product, get in touch with Fraser Dawbarns and our personal injury specialists can support you though your claim.

Industrial Disease Claims

Whether exposure to hazardous substances like asbestos has caused your injury, whether your injury is as a result of repetitive movements or whether you have suffered hearing loss because of an excessively loud work environment, the personal injury team at Fraser Dawbarns can help you. Certain industrial illnesses take a long time to develop symptoms, so for industrial disease claims, you can bring a claim within 3 years of the date you first experienced significant symptoms or from the date you had reasonable grounds for believing your symptoms were the result of an industrial disease. If you are unsure, our team will be happy to discuss your potential claim with you.

Injuries from a Trip, Fall or Slip

Most people will trip, fall or slip at some point in their lives and an unfortunate number of these will sustain an injury as a result. If your fall was in a shop or another location where the owners have a duty of care towards you or if your fall was caused by a poorly maintained footpath, you may have a claim.

Criminal Injuries Compensation Authority (CICA) Claims

If you are injured as the result of someone else committing a crime then you may be able to bring a personal injury claim through the CICA. If you were the subject of the crime, for instance by being mugged, you may suffer an injury and want to obtain some compensation. You do need to have been the victim of deliberate violence in order to be able to claim. Often in these cases, the person you might wish to bring a standard personal injury claim against does not have any insurance, or in some cases may not have been identified. This is where the CICA comes in. The rules for bringing a CICA claim are slightly different to the standard personal injury claim rules and the time frame for bringing a claim is generally two years from the date of the incident. If you would like to discuss a potential CICA claim, please contact us.

Hit and run incidents

If you are injured as the result of a ‘hit and run’, then you may want to bring a personal injury claim but may not have anyone to claim against. In most accidents, an injured person would be claiming against the vehicle driver who caused the collision and their insurers would evaluate, possibly contest, and then settle the claim. In a hit and run, usually the person who caused the injury is either not found, or not insured even if they are traced. The Motor Insurers Bureau (MIB) exists to respond to claims of this sort and to ensure that injured parties are not out of pocket as result of the actions of hit and run or uninsured drivers. The time limit for bringing an MIB claim is generally three years from the date of the incident.  

Common Personal Injury Questions

It is not always easy to know whether you have a claim. By calling or emailing the personal injury solicitors at Fraser Dawbarns, you can talk through your circumstances without any pressure to proceed or we can arrange a no obligation consultation with you. If you are looking for general information, some common personal injury questions have been answered below.

How Do I Make a Personal Injury Claim?

If you are injured the most important thing to do is to seek medical attention. When it comes to bringing a personal injury claim, we recommend three important steps.

1. Report the accident as soon as possible, and make sure that a record has been made that the accident took place. This could be in an accident book if the injury took place at work, to the police in the case of a road traffic accident or to the local council if you tripped on a damaged pavement.
2. Gather evidence by taking photographs of the accident location and any injuries sustained. You should also take measurements of any defect that caused your injury and get contact details for anyone who witnessed the accident. It is also important to record details of any expenses incurred as a result of the injury and of any ongoing problems and pains resulting from the injury.
3. Speak to a solicitor as soon as possible. A personal injury specialist will give you advice on dealing with insurance companies and will give you advice about any documents you have been asked to sign.

Will I Need a Medical Assessment?

An independent medical assessment is an important step in a personal injury compensation claim. Fraser Dawbarns have access to several independent medical examiners and we will use their findings to work out the levels of compensation that you could potentially receive.

How Can I Pay for My Personal Injury Claim?

In many cases where we deem there is a reasonable chance of success, we operate on a no win no fee basis and do not require any payment up front. Any medical assessments will be included as part of the service and any expenses incurred will be claimed from the other side.

Is There a Time Limit for Making a Personal Injury Claim?

You must bring a personal injury claim within 3 years of the accident. In some cases, such as industrial illnesses, you can bring the claim within 3 years of first developing serious symptoms.

What Can I do if I have Signed a Waiver?

Many people assume that if they have signed a waiver they have lost any right to make a claim. This is not strictly true, even if you have attended an event or joined a gym and signed a waiver, the organisers and owners still have a duty of care to you. If you are injured as a result of faulty equipment, unsafe procedures or a badly organised event, you may still have grounds to make a claim.

I Have Been Offered a Settlement, Should I Take It?

Taking an early settlement and avoiding going through the courts may seem like an attractive idea but it may not be the best decision. While there is no doubts that some settlements will be fair and reasonable, others may not be. It is always sensible to discuss any settlements you have been offered with your solicitor before accepting.

Could any Solicitor Help With my Claim?

Solicitors have become increasingly specialised and the days of a high street solicitor who does a bit of everything are nearly gone. At Fraser Dawbarns, our solicitors focus on a single area of law, so are very experienced in their field and can keep up to date with the latest changes and developments in the law.

Can I Make a Personal Injury Claim Without a Solicitor?

It is technically possible to represent yourself, but there are several protocols that must be followed before going to Court and this can be daunting for someone who is unfamiliar with the process. In most cases, we do not recommend representing yourself because a solicitor will have a better chance of success and have a better understanding of what your claim is worth.