When you’ve sustained an injury that was not your fault, it can cause major changes to your everyday life. This isn’t just a matter of minor inconvenience, injuries can have major implications ranging from temporary interruptions to work and life plans to permanent disability.
In cases like this, a personal injury claim against those at fault can get you the compensation you deserve. One of the questions we hear a lot at Gorvins is, “How do I know if I have a valid personal injury case?”. In this short blog, we’re going to answer that question, giving you the confidence and knowledge you need to start the process of making a claim.
Understanding negligence and liability
In personal injury law, negligence refers to a failure to exercise reasonable care. To bring a valid personal injury claim, you must show that:
- The defendant owed you a duty of care
- The defendant breached that duty (acted negligently)
- You suffered injuries or financial losses as a direct result of their negligence.
An example could be a driver who ignores a right of way and collides with a cyclist or an employer who fails to carry out a proper risk assessment at the workplace, resulting in injury. Negligent acts can occur in many different ways and many different scenarios, from slipping on wet floors in a supermarket to faulty equipment on construction sites.
Types of personal injury claims
Personal injury law is broad and encompasses a variety of claim types, including:
- Road traffic accidents: Collisions involving cars, motorcycles, buses, and bicycles
- Workplace accidents: Injuries sustained due to employer negligence or insufficient safety measures at work
- Public liability claims: Accidents in public places, such as trips or slips on poorly maintained pavements or in shops
Each case is unique, and even two road traffic accidents can differ significantly in their details, impact, and evidence. This is why having a legal specialist assess your situation is so important.
Evidence: What Do You Need?
Evidence plays a crucial role in establishing negligence and the extent of your injuries. When you contact a solicitor, they’ll usually ask for:
- Photographs or video footage: Images of the accident scene, your injuries, or any potential hazards that contributed to the incident
- Witness statements: Contact details of anyone who saw what happened can be vital in supporting your version of events
- Medical records: These confirm the nature and severity of your injuries, as well as any treatment you have received or ongoing care you may need
- Financial loss documents: Receipts or proofs of any out-of-pocket expenses, such as travel costs to medical appointments, repair bills, or loss of earnings if you were unable to work.
Collating as much relevant information as possible will help your solicitor build a strong case on your behalf.
Time limits (limitation periods)
In most personal injury cases in England and Wales, you have three years from the date of the accident—or from when you first became aware that your injury was linked to someone else’s negligence—to issue a claim at court. Missing this deadline generally means you lose the legal right to pursue compensation.
There are, however, some exceptions:
- Minors: If you were under 18 at the time of the accident, you typically have until your 21st birthday to start a claim.
- Mental capacity: If you lack mental capacity, the time limit may not apply until you regain capacity.
Your solicitor will advise you on whether these or other exceptions might be relevant to your case.
Free initial assessment: why it’s worth getting advice
If you think you have grounds for a personal injury claim, it’s a good idea to seek professional guidance. At Gorvins, our personal injury department offers a free, no-obligation discussion to understand your circumstances and review any evidence you have. Our team will examine your case on its individual merits and provide an honest assessment of the prospects of success. If we don’t believe the case will succeed, we will let you know—there is no benefit to anyone in pursuing a weak claim.
No win, no fee (conditional fee agreement)
If we advise you that you have strong prospects of success and you decide to proceed, we can represent you on a ‘no win, no fee’ basis, also known as a Conditional Fee Agreement.
This means:
- You don’t pay legal fees upfront
- If your claim succeeds, a pre-agreed success fee may be deducted from your damages
- If your claim does not succeed, you will generally not be liable for our fees (subject to the terms of your agreement).
This arrangement often helps people feel more confident about seeking justice, knowing there’s a financial safety net.
The Importance of Prompt Action
Even if you’re not entirely certain your injuries are due to someone else’s negligence, taking early advice is essential. Over time, crucial evidence can be lost or forgotten, and witnesses can be harder to track down. Engaging a solicitor promptly allows your legal team to investigate the details while evidence is still fresh, increasing your chances of a successful claim.
Need help with your personal injury claim? Contact Gorvins today
If you have been injured in an accident that was not your fault within the last three years and wish to explore whether you have a valid personal injury claim, our expert team are ready to help you get the compensation you deserve.
Call the Personal Injury team on 0161 930 5151 or email enquiries@gorvins.com for a free, no-obligation discussion. You can also fill out the online contact form below.