It’s essential to be completely honest when presenting your claim and evidence. Some individuals try to ‘game’ the system by exaggerating the facts, but this is a dangerous path. If found to be "fundamentally dishonest", your solicitor can withdraw from the case and charge for their time spent. In some cases, this can even lead to contempt of court proceedings. Ultimately, this could result in no compensation for your injuries or losses, and you may still be liable for the legal fees of both sides.

Proving injury compensation claims relies on establishing fault across four main factors. These include:

1. Duty

Did the other party owe you (the Claimant) a legal duty of care in the circumstances?

Example: Your employer has a duty of care to ensure your safety and security while at work.

2. Breach

Did the other party breach their duty by acting (or failing to act) in a particular way?

Example: Your employer failed to inspect, maintain, or repair a piece of equipment that caused your accident or contributed to your injuries, or did not have a safe system of inspection to find defects.

3. Causation

Did the other party's actions (or lack thereof) directly cause your personal injury?

Example: The equipment you use regularly at work was faulty, and you had no reason to expect it to be unsafe or cause harm.

4. Damages

Were you demonstrably injured due to the other party's actions or inaction?

Example: You suffered a broken bone, concussion, or other injury due to faulty equipment at work, and you can provide evidence (such as medical records) to prove it.

It's important to note that there are two types of injury compensation (damages):

1. General Damages

General damages compensate you for the pain and suffering caused by your injuries, as well as the impact they have had on your life.

2. Special Damages

Special damages reimburse you for any financial losses you’ve incurred as a direct result of the accident and your injuries.

In legal terms, the personal injury damages you could be awarded in a successful claim are referred to as the 'quantum of damages'. Special damages can include:

• Time off work and any lost earnings
• Any loss to your future income
• Impacts on your ability to work
• Personal help or care you've received, even if voluntarily provided by family and friends
• Any modifications to your car or home (or those you may need in the future)
• Medical care, treatment, travel, or accommodation expenses
• Rehabilitation programmes prescribed by a medical professional
• Daily extra expenses incurred as a result of the accident

The other party's insurance company typically handles personal injury claim payouts. Many people worry that making a claim against their employer or someone they know might leave them out of pocket. However, this is rarely the case.

All employers, as well as most other Defendants (such as motorists), are legally required to have insurance that covers any injury claims made against them.

The other party's insurance company typically handles personal injury claim payouts. Many people worry that making a claim against their employer or someone they know might leave them out of pocket. However, this is rarely the case.

All employers, as well as most other Defendants (such as motorists), are legally required to have insurance that covers any injury claims made against them.