Making a claim

If you are entitled for compensation following a personal injury, BM Solicitors in Wrexham provide comprehensive support throughout your claim process.

Liability and causation

For a personal injury compensation claim to succeed, you need to demonstrate that the other party, the Defendant, is liable for the accident. The other party in the claim will be liable if they have been negligent or in breach of a statutory duty. If the person bringing a claim, the Claimant, can show the other party was liable and that this has caused an injury, then a personal injury claim should succeed.

Types of damage

There are two types of damages in a claim:

1. General damage

These damages are payable for pain, suffering and loss of amenity. Damages for loss of amenity are payable to compensate the claimant for a significant change in lifestyle such as having to take a break or retire from work, struggling with daily household chores or being unable to participate in sporting activities. The claim for general damages is proved by a medical report submitted by a medical professional following a Claimant’s medical examination.

To ensure we are aware of the extent your injury has affected you, please keep a record of all relevant problems you have experienced as a result of the accident. If you have received assistance or support from a family member or friend, please bring this to our attention so further details can be obtained. In serious circumstances, nursing staff may be able to provide assistance with daily chores. Please keep a note of all treatment received following and as a result of the accident.

2. Special damages

These damages are payable to compensate you for any expenses or losses incurred as a result of your accident. A Claimant is entitled to recover all reasonably incurred special damages caused by an accident. Any such claim for special damages must be kept as low as reasonably possible. A Claimant must not underestimate the seriousness of the duty to mitigate their loss. If a Claimant has failed to mitigate their loss, they will lose their right to claim such expenses.

It is important to keep detailed records and supporting evidence of any special damages that are to be claimed. You should keep a list of all appointments, travel expenses including mileage, parking charges and public transport costs, and any other documents relating to relevant expenses. Without such documents, the Defendant is unlikely to fully accept any particular item in a special damages claim.

Value of the claim (Quantum)

If a personal injury claim is likely to produce damages for pain and suffering of £1,000 or less, it will be dealt with under court rules as a small claim. Solicitors can only claim their legal costs from the Defendants if the claim is successful and general damages exceed £1,000. This will be discussed at length during our initial interview and we will share our expert advice to ensure you are fully aware as to the potential outcome of your claim. It is not possible to confirm whether damages are likely to exceed £1,000 until a medical report has been submitted.