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Amanda Evans is our personal injury claims expert

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Personal injury claims

Winston Solicitors offer legal advice for personal injury claims following road traffic accidents, accidents at work and trips or slips in a public place.

Wherever you are in England or Wales, our experienced and expert team of personal injury specialists can assist you with your case. We offer:

  • No win, no fee’.
  • Specialist expertise. 
  • Support from our full legal team.
  • A first class, personal service by the same file handler throughout.

How are personal injury claims valued?

UK personal injury claims are valued in two parts: general damages and special damages.

General damages

This aspect of your claim is the compensation you receive for the personal injury itself. Every claim is different and each case will be judged on its own merits. These factors include:

  • The type of injury and how serious it is.
  • Your age, occupation and how the injury has impacted your ability to do that job.
  • Your leisure activities.
  • Your domestic responsibilities.

It may be that you can still work, but the injury has impacted your job security. Compensation awards of this kind are known as 'handicap on the open labour market'.

In order to succeed with this type of claim you will need to show that if you lose your job then you will have more difficulty getting another as a result of your injury.

Special damages

This is compensation for the financial impact of the injury. This includes:

  • Actual loss of earnings. This is calculated by the average of your wages over the 13 weeks prior to your accident.
  • Future loss of earnings. If you need to leave your job, you can claim for the money you would have earned had the accident not occurred.
  • Compensation for costs for care and domestic services. If you now need to ask friends or family to do domestic tasks for you such as decorating, gardening or maintenance, you can claim for the time they incur.
  • Other financial losses. These might include travel costs to see your GP or trips to the hospital, or even replacing clothing damaged in the accident.

Making CRU repayments

If the state has already supported you financially as a result of your inability to work, you will need to pay some of this back once your personal injury claim is settled.

This is repaid to the Compensation Recovery Unit, part of the Department for Work and Pensions (DWP). This is to ensure that you are not receiving more money than you would normally earn by receiving compensation.

Call our experienced personal injury team here in Leeds on 0113 320 5000 for an informal discussion of your case or email @email

You do not have to make a claim directly to the responsible party. We will take instructions from you as to the circumstances of the accident and the extent of your injuries. We will then send a “Letter of Claim” to the insurers, which sets out why the claim is being brought and what injuries have been suffered.

A personal injury claim must either be resolved within three years of the date of injury, or proceedings must have been commenced at court within that time period. In certain claims, for example, clinical negligence and Industrial disease claims, the three year time limit runs from the date that you first became aware of the illness, disease or negligent act suffered.

This depends on the type of claim, but some can conclude within 6 to 9 months. Only a very small proportion will ever make it to court. In the UK, less than 2% of claims actually reach a trial.

The value of your claim will be based on the medical evidence. No claim is settled without your specific authority to do so. This ensures that you keep absolute control of your claim. Compensation is generally divided into two parts:

General Damages

These are damages for pain and suffering including the loss of the ability to do certain tasks, hobbies etc. This award compensates you for the suffering you have encountered usually in its physical form e.g. whiplash, broken leg, strained muscles etc. However, it is also possible to be compensated for psychological distress and conditions such as Post Traumatic Stress Disorder.

Special Damages

You will also receive compensation for specific quantifiable losses attributable to the accident. These include loss of earnings, car hire expenses, care and services, extra expenses (e.g. travel costs incurred going to doctors, hospitals, etc,) damaged clothing, and prescription charges. All we ask is that you keep a note of any expenses, and preferably receipts so that when we eventually calculate your claim for special damages, we will be able to include all relevant items.

If the injuries were the result of a criminal attack then you might be able to claim from the Criminal Injuries Compensation Authority (CICA). We have devised a CICA calculator to give victims an idea as to how much compensation they could be entitled to.

If we do not win your case then we do not have any right to recover our fees from you. If we do win your case, then as explained above, the insurers will pay part of those legal costs. You then make a payment to us out of your compensation if your claim is successful.