A personal injury claim is a legal process through which someone can seek compensation after suffering harm due to someone else's negligence or wrongful actions. The purpose of a personal injury claim is to compensate you for pain and suffering that wasn't your fault, and enable you to recover damages for any financial losses, which may include medical expenses, lost earnings, and more.

The most common cause for a personal injury compensation claim is an accident that was caused by someone else, often - but not necessarily - in a public place or premises owned and/or occupied by others. To make a successful personal injury claim, the claimant must prove that:

• The defendant had a duty of care, which is a legal responsibility to protect the claimant's safety. For example, drivers have a duty of care to other road users, and the owners of business premises have a duty of care to protect people visiting or working on site.
• The defendant failed to uphold this duty by acting negligently or recklessly.
• The breach directly caused an accident involving the claimant.
• The claimant suffered financial or physical harm as a result.

If all of the above apply to your situation, you may be entitled to claim compensation. If you're not sure, contact a specialist personal injury solicitor at your first opportunity.

Personal injury compensation is calculated by your solicitor after discussing the unique circumstances of your accident. The calculated amount will be submitted with your claim and, while it may be subject to negotiation, the team at Switalskis will aim to secure the maximum amount of compensation that you're entitled to.

The final compensation amount is made up of general damages and special damages. General damages cover physical and mental harm caused by the injury. This is assessed using the Judicial College Guidelines, which provide recommended compensation ranges for particular types of injuries sustained. More serious injuries will generally result in more compensation, and if you are no longer able to do activities you once enjoyed, or are diagnosed with post-traumatic stress disorder (PTSD) or anxiety resulting from an accident, this can increase the value of your compensation.

Special damages are based on tangible, calculable financial losses that can be evidenced through receipts, payslips, or invoices. They typically include:

• Medical expenses: costs of treatment, rehabilitation, physiotherapy, and prescriptions.
• Loss of earnings: compensation for lost income due to time off work, as well as potential future earnings if medical evidence suggests that your injury will affect long-term employment prospects.
• Care and assistance: costs of professional care or compensation for unpaid care provided by family members.
• Travel: costs of transportation to medical appointments or court hearings.
• Property damage: repair or replacement costs for damaged personal belongings (such as clothing, mobility aids, or vehicles).
• Adaptations: costs of modifications to your home or vehicle if the injury results in disability that must be accommodated.

Our experienced legal team understands the common expenses that those who suffer a personal injury often face, and can make sure that all of the relevant outgoings are factored in. We also know how to calculate a fair settlement for pain, suffering and loss of amenity to make sure your compensation meets your needs.

You are not legally required to have a personal injury lawyer to make a claim, but legal representation can significantly improve your chances of success and help you secure the right amount of compensation. Switalskis can help to argue your case and prove the other party's liability, or secure medical evidence that shows your ongoing care needs or future loss of earnings for the purposes of calculating your compensation. In fact, it can be impossible to know how much compensation you deserve, and insurers often try to reduce or reject a claim, but a solicitor can handle negotiations on your behalf and make sure the relevant time limits are met.

Our personal injury solicitors work on a no win, no fee basis, also called a conditional fee agreement. This means that if the claim is unsuccessful, you do not pay legal fees, so there is no financial risk involved in instructing a solicitor to deal with your claim. If successful, we'll take a success fee, which is a pre-arranged percentage of the compensation secured, to cover the legal costs.

The vast majority of personal injury compensation claims are settled out of court, and this offers a faster resolution. In fact, if the other party accepts responsibility when they receive your letter of claim, the case can proceed directly to negotiations. Even so, your solicitor will remain committed to delivering the maximum amount of compensation that you're owed, which can lead to delays if it is difficult to reach an agreement with the other party or their insurance company. At Switalskis, we'll never settle a claim too early if we don't think the compensation on offer is fair.

For some clients, we can secure interim payments, which are sometimes awarded when liability has been admitted but the final settlement is delayed. This means you'll receive part of your compensation before your personal injury claim is fully settled, and can support ongoing medical treatment or meet other needs.

If your claim requires court proceedings, your solicitor will build a case that shows that you are owed compensation. We'll gather medical records, receipts that show your out-of-pocket expenses, witness statements and other types of evidence, then present these to a judge to make a decision on your compensation claim.

You may need to attend court during the claims process, and your solicitor will help you to prepare if this is necessary. Where possible, we'll take on the bulk of the legal responsibility to enable you to focus on your recovery. We'll also continue negotiating with the other party to see if we can reach an early settlement.

It's important to note that even when the other party denies their liability and tries to argue this in court, this doesn't mean your claim is less likely to succeed. Switalskis takes on cases that we believe will win, and will fight to secure the compensation you're owed throughout court proceedings. If at any time during the proceedings we believe your claim is more likely to lose, we will be transparent and honest with you about the prospects of succeeding.

In most cases, you must start the claims process within three years of your accident to remain eligible for compensation. This time limit usually begins on the date of your accident, but it might start on the date that your injury was diagnosed or the date that you connected the injury to the accident. There are exceptions to this rule:

• For claimants who are under the age of 18, a litigation friend can make a claim on their behalf at any time. Once the person turns 18, they can claim on their own behalf and the time limit begins.
• Claimants who lack the mental capacity to make their own decisions can have a litigation friend claim compensation for them at any time. There will be no time limit unless their mental capacity returns.

You should act quickly following an accident to protect your right to compensation and start your claim before any applicable time limit runs out.

Personal injury settlements are typically paid out in one of two ways: either as a lump sum payment in which the entire compensation amount is paid at once, or in a structured settlement where payments are made in instalments over time. You may also receive interim payments, which means that part of your compensation is paid before the case reaches its conclusion.

In most cases, personal injury compensation is paid through an insurance company. Employers, drivers and other parties that may be liable for an accident must have insurance policies that will cover the costs of compensation. If the liable party does not have insurance, it may be possible to claim through the Criminal Injuries Compensation Authority or the Motor Insurers' Bureau, depending on your situation. The team at Switalskis can examine your situation, help you to maximise your compensation, and advise you on the best way to manage your finances once the damages are awarded.