What Are the Most Common Personal Injury Claims in the UK?
With 1 in 4 Brits having suffered a personal injury, it’s fair to say that as a people we appear to be somewhat accident prone. That’s the figure put on the likelihood of us sustaining a range of knocks (and much more besides) caused by a variety of unavoidable situations anyway, and specifically according to YouGov’s recent research into this area.
The question is, whilst we may be dab hands at getting ourselves into all sorts of scrapes, just how good are we at following them up with bringing the perpetuators behind our slips, trips, falls (and otherwise) to personal injury claim justice?
You see, behind every bruise, black eye and instance of whiplash, someone, somewhere probably has a case to answer to. In terms of being culpable for us suffering the injury in the first place; providing our own general clumsiness didn’t put us in mortal danger.
Whether we get caught up in a road traffic accident (not of our own doing), fall victim to another party’s negligent ways in a supermarket or (not have blame apportioned to us in any way, shape or form) suffer a physical/psychological blow in the workplace, someone will end up being made to pay for subjecting us to such (potentially avoidable) misfortunes.
How else would a personal injury claims industry sprung up if we ourselves were singularly responsible for ending up in our local A&E departments? So beneath we take a look at what are recognized as the most recurrent types of personal injury claims which are filed week in, week out here in the UK, so as to determine the situations where we’re most likely to come a sunder without any prior warning. And on dusting ourselves down (although a degree more action than that being called for on many occasions) the chances of us then being well-placed to go on to challenge another party (be it individual, employer, business, organisation, authority, etc) to establish that they WEREN’T the root cause of your mishap.
Admitedlly there are a plethora of incident types which could qualify you to lodge a personal injury claim against who you believe is to blame for causing your injury, yet the examples which follow are the MOST frequently appearing ones.
Known as RTA’s, instances whereby we are injured when out on the roads in our cars comprise the largest percentage of personal injury claims (50% for the record), and despite paying the utmost due care and attention the chances of us being caught up in an RTA of one description or another are unfortunately too probable.
Irrespective of travelling by four wheels or two, crashes and collisions involving motor vehicles remain the most significant cause of personal injury claims. Which is precisely why it’s of paramount importance to be au fait with your rights should you find yourself embroiled in such scenarios.
The bottom line is that in the event of you sustaining an injury – take your pick from whiplash, broken bones, concussion or far worse – then it’s odds on that you’ll be entitled to financial compensation from the (later established) guilty party.
Accounting for 16% of personal injury claim cases received, accidents which happen whilst within the employ of others have historically been commonplace in this country.
Effectively an employer is governed by their legal obligation to protect their staff courtesy of what’s colloquially referred to as a ‘duty of care’ charter. This entails covering every aspect of employee safety from providing them with the relevant (and comprehensive) training on equipment facilitated in their role within the company through to ensuring that they are equipped with suitable protective clothing should the remit of their position require the wearing of such items.
What’s more, they are required by law to inform workers about health and safety issues across the board and failure to comply with any issues related to these protocols is tantamount to neglecting their duties; with the consequence of the culpability for any injuries/illness resulting ending with them. in addition to this, an employer also has a legal responsibility to report certain accidents and incidents, pay you sick pay and give you time off because of an accident at work (should you need it).
If you’ve been injured in the workplace due to an employer’s negligence then you can make a personal injury claim against them, so long as it’s filed within 3 years of the date of the accident happening.
Accidents in public places
These describe any incidents resulting in injury to a person/claimant which take place within a public area, and routinely include shopping centres (and other retail establishments), public highways (excluding RTAs) and generally whilst out and about.
Latest studies reveal that 21% of personal injury claims stem from such incidents, and as long as the claimant can prove beyond reasonable doubt that an accident wouldn’t have occurred if the company, service provider, authority, etc had adhered to health and safety protocol and procedure (and essentially taken greater care in relation to the general public) then you stand a good chance of pursuing a claim for compensation against the culprit.
In terms of health and safety implication regarding retailers, practice entails keeping premises safe for shoppers, by way of making sure staff receive full training and stores maintain a high level of cleanliness and hazard-free presentation at all times as part of its duty of care principles.
Despite personal injury cases in retail environments sometimes not always being clear cut (and therein contested), a decision should go in favour of the injured person if negligence can be proved.