How To Sue A Company For An Injury

How To Sue A Business For A Personal Injury

how to sue a company for an injury

Have you recently had an accident that was not your fault? If the accident happened because a business acted negligently, you may be owed compensation. You could sue a business for an injury if you were an employee or a customer. In this guide on how to sue a company for an injury, we will explain how to make a personal injury claim against a private business.

You can call Accident Claims UK today on 0800 073 8801 for your free legal consultation. We will be happy to discuss how to sue a business for personal injury. What’s more, if we can see that you are eligible to claim compensation, we will provide you with an experienced personal injury solicitor to handle your claim. If you believe you are owed compensation for an accident, please don’t hesitate to contact us.

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A Guide On How To Sue A Company For An Injury

All businesses have a duty of care towards their customers, workers, and other individuals that they may come into contact with. This means that a business is legally responsible for reasonably protecting the individual’s health and safety. Subsequently, if a business acts negligently and causes an accident, this breaches its duty of care. This means that if any injuries are caused, the business could be liable for them. As a result, the injured person could make a personal injury claim for compensation.

In this guide, we will explain how to sue for an injury at work and how to sue a store for an injury, or any other privately owned business. We will also answer questions you may have such as:

  • I was injured at work what are my rights?
  • How long do I have to sue for work-related injuries in the UK?

To look into making a compensation claim, contact Accident Claims UK today. We can offer you free legal advice on how to sue a company for an injury. In addition, we will provide you with a skilled personal injury lawyer if we can see that you have a valid claim for compensation. Contact us today, or continue reading this guide to learn more.

When Could You Need To Sue A Company For An Injury?

You may need to claim compensation if you have been injured because of an accident that was not your fault. The injuries may have worsened your quality of life, temporarily or permanently. In addition, you may need money to cover expenses related to the injury.

Under what circumstances may you be eligible to claim compensation? Your solicitor will have to provide evidence to prove the following:

  1. A private company owed you a duty of care.
  2. The company acted negligently, breaching its duty of care. This negligent action or inaction was the cause of the accident.
  3. The accident resulted in you becoming injured.

Under what circumstances could you sue a company for an injury? They include the following:

  • You were injured in a preventable workplace accident that was not your fault.
  • You were a customer in a shop, restaurant, or establishment and suffered an injury due to their negligence.
  • A private business caused the accident in a public place, leaving you injured.

Common Workplace Accidents And Injuries

Industries such as construction, manufacturing, and agriculture can be hazardous environments to work in. However, accidents can also happen in lower-risk workplace settings such as shops and offices. Let’s look at some common workplace accidents and injuries below:

  • Slips, trips or falls on the same level were the most common non-fatal workplace accidents to employees in 2019/20 (as reported by employers). They accounted for 29% of the non-fatal injuries caused by accidents. Obstructions on the floor that don’t have warning signs can cause these. Consequently, the worker can suffer broken bones, back injuries, or soft tissue injuries.
  • Incidents of assault at work or acts of violence accounted for 9%. Employers can help to prevent violence by listening to the warnings of employees and acting by taking preventative measures.
  • Moving objects striking employees accounted for 11%. For example, if a forklift truck hits a worker in a warehouse environment, it may be because the employer didn’t appropriately train the driver.
  • Handling, lifting or carrying accounted for 19%. If employees aren’t properly trained but are asked to handle, lift or carry anyway by their employer, it could result in injury.

Other injuries and illnesses include:

  • Industrial deafness caused by exposure over time to excessively loud noises with inappropriate ear protection.
  • Repetitive strain injury: The overuse of one’s hands without adequate, regular breaks, for example, can cause these injuries. Typists and machinists may suffer this injury.

Have you been injured in the workplace because of an accident that was not your fault? If the accident took place because your employer neglected their duty of care towards you, you may be eligible to claim compensation.

How do you sue for an injury at work? We recommend contacting Accident Claims UK for free legal advice.

Common Accidents And Injuries In Shops And Public Places

Accidents can also take place in shops and other public places, such as restaurants, gyms, shopping centres, and airports. These businesses owe their customers and others who use their premises a duty of care. If the business neglects its duty of care, avoidable accidents can take place, causing unnecessary harm.

Let’s look at some examples of shop and public place injuries below:

  • Faulty lifts, escalators, or travellators causing fracture injuries.
  • Incidents of food poisoning at a restaurant, caused by poor hygiene practices.
  • Injuries in car parks, caused by poor conditions such as potholes.
  • Shelving accidents. For example, a passer-by could be hit by a heavy object that has fallen off a shelf because it was not placed properly by an employee.
  • Customers can slip on spillages or wet floors where a warning sign has not been put up.

You may be wondering about how to sue a store for an injury if you have been injured in a shop or public place. If the accident was not your fault, you may be owed compensation by the establishment. You can call Accident Claims UK to speak to an advisor at any time of any day.

Health And Safety Duty Of Care

If you wish to know how to sue a company for an injury, it is important to understand if you were owed a duty of care by the company. By ‘duty of care’, we mean that the responsibility of protecting your welfare. Businesses generally have to uphold proper health and safety standards, in order to protect the safety and health of visitors.

Various parties owe one another a duty of care. For example, the Health and Safety at Work etc. Act 1974, requires employers to owe their employees a duty of care to protect their safety at work.

Likewise, the Occupiers’ Liability Act 1957 requires businesses to owe people who use their premises a duty of care to protect their safety. This includes customers and other individuals who may use the premises.

In order to protect customers, workers, and others, companies could do the following:

  • They could have regular risk assessments to identify health and safety hazards. These are things that could cause an accident.
  • When a hazard is identified, the business should apply control measures. This means taking action to remove a hazard or reduce the risk. For example, a shop may identify a spillage, use appropriate signage to make customers aware of it and clean it as soon as possible. This could prevent tripping accidents.

What happens if an accident takes place, which was caused by a business neglecting its duty of care? The injured person may be eligible to make a personal injury claim for compensation.

What Is the Personal Injury Claims Time Limit?

How long do you have to sue for work-related injuries in the UK? In the UK there is a personal injury claims time limit of three years. The time limit begins on the date of the date they were first injured or the date they obtained knowledge that negligence at least contributed to the injury or illness.

Can I claim for an accident after 3 years? There are sometimes exceptions to these rules. Did your accident take place more than three years ago? We recommend calling Accident Claims UK to speak to an advisor. An advisor will be able to determine whether you are eligible to claim.

What Are Your Rights When Injured In The Workplace?

Clients often ask us the question, ‘I was injured at work, what are my rights?’ If you are injured in an accident at work that was not your fault, you could be entitled to claim compensation. Many who wish to sue their employer for an injury worry that this will harm their relationship with their employer. However, to cover the cost of personal injury claim payouts, employers should have insurance.

If you are injured at work and claim compensation, can you be fired? It is unlawful for your employer to fire you or treat you unfairly because you made a claim for being injured at work. If your employer does so, you could take action. For further advice on how to sue for injury at work, call Accident Claims UK to speak to an advisor.

How To Sue When Visiting Another Company

You may also want to know how to sue a company for an injury when you were visiting the business. According to the Occupiers’ Liability Act 1957, a business owes those who visit their premises a duty of care to protect their health and safety.

There are many reasons why someone may visit a business that is not their place of work. They may be a client, a contractor who is there to carry out repair work, interviewing for a job, or a health inspector. Either way, if you visit a business, you are owed a duty of care when you are on their premises. So if you were injured in an accident that was not your fault, you may be eligible to claim compensation.

To learn more about how to sue a business for personal injury during a visit, call Accident Claims UK. We can provide you with a skilled personal injury solicitor to handle your compensation claim.

Calculating Compensation Claims Against A Company For An Injury

How much compensation you could claim will normally depend on the severity of your injuries and how much they’ve impacted your finances and life.

Compensation for your physical and mental suffering is known as general damages. The table below has such injury compensation examples. These examples are based on figures taken from the Judicial College Guidelines. (The JCG is a regularly updated publication that solicitors may use to value injuries.)

InjuryLevel Of InjuryCommentsSettlement
Toe InjuryModerateA fracture or other straight-forward injury. Up to £9,010
Foot InjuryModerateA displaced fracture of a metatarsal bone which results in continuing symptoms. Future surgery may be needed.£12,900 to £23,460
Leg InjuryModerateComplicated or multiple fractures of a single leg.£26,050 to £36,790
Hip Or Pelvic InjuryModerateSignificant hip or pelvic injury which results in either no or only minor disabilities.£24,950 to £36,770
Back InjuryModerate (ii)This may include common injuries to the back as well as cases where an existing injury has been made worse.£11,730 to £26,050
Neck InjuryModerate (ii)An injury which might cause serious limits to the movement of the neck. This could be caused by a wrenching injury.£12,900 to £23,460
Shoulder InjuryModerateWhere you suffer a frozen shoulder which limits the movement of the shoulders.£7,410 to £11,980
Fracture of ClavicleFracture of ClavicleThe level of award depends on the extent of the injury. £4,830 to £11,490
Arm InjuryLess SevereThere have been significant disabilities as well as a degree of recovery having taken place. If this has not happened, it will be expected to happen. £18,020 to £36,770
Fractures of the ForearmSimple FracturesSimple fractures of the bone(s) in the forearm.£6,190 to £18,020
Hand InjuryLess SeriousSuch as crush injuries which significantly reduce the usage of the hand.£13,570 to £27,220
Fractures to FingersSevereThis could include a partial amputation of a finger.Up to £34,480

The table does not include estimates for any special damages compensation you could receive.

Typical Payouts For Personal Injury UK

If your accident claim is successful, you could receive two heads of claim. These are general damages and special damages. What is the difference between these two different types of compensation? General damages are compensation for the loss of amenity, pain, and suffering caused by one’s injuries. Special damages reimburse the injured person for any out-of-pocket expenses or financial losses associated with their injuries.

You can receive special damages for the following if they’re related to your injuries:

  • Medical expenses
  • Care expenses
  • Loss of income
  • Travel expenses
  • Mobility equipment expenses
  • Home adaptation expenses.

It is important to provide proof of these losses if you wish to recover their costs. Proof could include bills, receipts or invoices.

How To Sue A Company For An Injury With A No Win No Fee Solicitor

Some personal injury solicitors charge an upfront fee for their services. If you make a No Win No Fee claim, your solicitor would start working on your claim without charging you an upfront fee.

Instead, you will pay a success fee if your claim is successful. In the event that your solicitor does not win your claim, they will not charge you a success fee.

What’s more, if you win your claim the solicitor would deduct their fee from your compensation package at a capped rate.

Our solicitors offer No Win No Fee services and our advisors could put you in touch if you contact us through any of the methods below.

Contact Us

We hope you have found this guide on how to sue a store for injury, or how to sue for injury at work helpful. If you wish to proceed with your personal injury claim, contact Accident Claims UK today using the details below.

Essential References

If you are wondering how to sue a business for personal injury, you may find these guides helpful.

Pub Or Bar Accident Claims Guide

What Are My Legal Rights After An Accident At Work?

Slip, Trip, Or Fall Accident Claims Guide

External Information

The Health and Safety at Work etc. Act 1974

A Citizens Advice Bureau guide on what to do if you have had an accident at work.

Workplace Health And Safety Statistics

Accidents in the workplace still occur, despite legislation to protect workers. According to the Labour Force Survey, 693,000 individuals self-reported an injury in the workplace in the year 2019/20. The Health and Safety Executive during the same year, received employer reports of 65,427 employee workplace injuries, under RIDDOR.

Source URL: www.hse.gov.uk/statistics/causinj/index.htm

FAQs People Also Ask About Suing A Company

We will now answer some frequently asked questions about suing a company for an injury.

Time limits to sue a company for an injury

You may be wondering, ‘How long do I have to sue for work-related injuries in the UK?’ It is usually three years, but there are exceptions to this. Call us to find out more.

What evidence do you need when suing a company?

If you sue a company for a personal injury, you will need to prove that the company owed a duty of care, caused an accident or incident, and you were injured as a direct result. You may use witness statements, CCTV footage, photograph evidence and medical records to prove this is true.

Guide by HC

Edited by RV