If you have been injured in an accident that wasn't your fault, you may be wondering what compensation you can claim.

While many people assume compensation is only awarded for their physical injuries, a personal injury claim also covers a wide range of financial losses and expenses that arise as a result of the accident.

I will explain what compensation you can claim after an accident, the difference between general and special damages, and why seeking early legal advice can help you recover the full compensation you deserve.

What Is Personal Injury Compensation?

Personal injury compensation is a financial payment intended to put you, as closely as possible, back to the financial, physical and psychological position you would have been in had the accident never happened.

Compensation is paid by the person, company or business (or more commonly their insurance company), who caused your injury through negligence or a breach of their duty of care.

Depending on your circumstances, this may include compensation for your pain and suffering, loss of earnings, medical treatment, rehabilitation costs, travel expenses and support provided by family members or professionals during your recovery.

Every personal injury claim is different, and the amount of compensation you may be entitled to will depend on the nature of your injuries, the impact they have had on your daily life, and the evidence available to support your claim.

Understanding the different types of compensation that may be available can help ensure you do not overlook losses you are entitled to recover.

The Two Types of Compensation You Can Claim

A compensation award isn’t just a random number.  It is carefully calculated by splitting your losses into two categories – General Damages (Pain and Suffering) and Special Damages (Financial Damages).

General Damages

This covers pain and suffering which includes physical and psychological injuries.  Because you cannot just put a price tag on pain, lawyers and courts use official legal guidelines (known as Judicial College Guidelines) to value general damages.  When making an assessment of the value of general damages we will consider the persons physical pain and discomfort, psychological trauma (such as PTSD, anxiety or depression), loss of amenity (the inability to enjoy social life, hobbies and sports), and whether there is any permanent disability or scarring.

An award for general damages is based on medical evidence commissioned during your claim.

Special Damages

This covers the financial losses caused by the accident. It is a quantifiable amount of money the accident has cost you – and may cost you in the future.  It includes loss of earnings, medical expenses, travel costs and care and assistance.

What Financial Losses Can You Claim?

Loss of Earnings

This is a claim for a sum of money you lost out on while taking time off work to recover.

As well as your regular wages, this may also include:

  • The shortfall for working on reduced hours
  • Missed overtime and bonuses; and
  • Loss of pension

Medical Expenses

You can claim for the cost of private treatment and medical aids provided they are deemed “reasonable” and directly linked to your accident injuries.

  • Private Treatment & Therapy

The cost of physical or psychological therapy, such as physiotherapy and Cognitive Behavioural Therapy (CBT).

  • Surgeries & Specialist Consultations

Fees for private medical consultations, diagnostic scans such as x-rays and MRI scans, and private surgical procedures to bypass long NHS waiting lists.

  • Medication & Prescriptions

Cost of prescription charges, over-the-counter painkillers and other medical aids.

  • Travel Expenses

The cost of travelling to and from your medical appointments.  This includes fuel or public transport expenses and any parking fees.

You must keep all receipts and other documentary evidence to be able to claim for these expenses.  Any treatment must be supported by medical recommendations confirming it was necessary.

Care and Assistance

You can make a claim for care and assistance where people had to look after you while you were incapacitated. This includes:

  • Cost of professional care – cost of hiring private nurses, support workers or therapists.
  • Gratuitous care – time and help provided voluntarily by a spouse, partner, family and friends.

This usually includes help with everyday tasks you can no longer manage yourself such as cooking, cleaning, shopping, gardening, driving to medical appointments and personal care.

The care must exceed what friends, and family would ordinarily provide under regular circumstances and the hours and level of care must be realistic and proportional to your injury.

You must be able to prove there is a direct link to your injury and that you have a genuine need for assistance.  This must be backed up with medical evidence.

Home Adaptations and Equipment

If you have suffered a life-changing injury, you may need to claim for home adaptations and specialist equipment.   This could include:

  • Home adaptations such as stairlifts, wheelchair ramps, adapted bathrooms, widening doorways and lowering kitchen tops.
  • Mobility aids and specialist equipment such as wheelchairs, mobility scooters, specialist beds, adapted vehicles etc.

You can claim not just for the immediate purchase of these but also for lifetime maintenance, servicing and replacement costs of the equipment.

Damaged Personal Property

You can claim the cost of repairing or replacing items damaged or destroyed in the accident. The types of property you can claim for includes:

  • Electronics such as mobile phones, tablets and laptops
  • Clothing and footwear
  • Glasses, jewellery and watches
  • Bicycle repair or replacement
  • Helmets and Bicycle clothing

Can You Claim Future Losses?

You can claim future losses to cover ongoing financial impacts which extend far past the date of settlement. This element of the claim is often the largest and most complex part of a high-value personal injury claim and can sometimes be overlooked.

Some common future losses include:

Future Medical Treatment

  • Surgery
  • Rehabilitation
  • Physiotherapy
  • Counselling

Future Loss of Earnings

Where your injuries affect:

  • your ability to work in same employment or you need a longer period of absence from your job
  • any potential career progression and promotions
  • any future employability concerns; and
  • your retirement

Ongoing Care Needs

You may need to have long term care due to the severity of your injury such as paid carers and support workers, as well as assistance with household tasks and future equipment replacement.

What Can't You Usually Claim Compensation For?

While you can claim for many unexpected losses, there are strict boundaries on what you cannot claim for.  Some of the main exclusions are:

  • Injuries or losses you failed to mitigate

You cannot claim for losses you could have easily avoided.  For example, if you refuse medical treatment and your injury worsens, you cannot claim for that extra pain.

  • Losses without evidence

You cannot claim for lost wages or expenses without receipts, bank statements, wage slips or other official proof.

  • Injuries that are not linked to the accident

To make a successful claim you must prove that your injuries were directly caused by someone else’s negligence rather than just a natural illness, aging or pre-existing injuries.  Although you can claim if your pre-existing injuries have been accelerated or aggravated by the accident.

  • Exaggerated claims

The courts take a strict approach where the claimant has been ‘fundamentally dishonest’ about any part of their claim and are legally required to dismiss the whole claim even if the underlying injury itself was genuine.

Further, the court will order that you pay the defendant’s legal bills, and you may even be subjected to criminal charges for fraud or contempt of court proceedings. See my previous blog on exaggerated claims and fundamental dishonesty.

What Evidence Do You Need to Support Your Claim?

Evidence of the Accident (Proving Fault)

Compensation isn’t automatic just because you got hurt.  You (via your legal team) must prove exactly how the accident happened and that the other party owed you a duty of care, that they breached their duty to you and directly caused your injuries.

Evidence often includes photographs and videos such as CCTV or dashcam footage, witness statements from independent people who saw the accident, and official reports such as the workplace accident book, police collision report and logged complaints to the council or supermarket.

Liability

If the defendant admits full liability (i.e. that they are 100% legally responsible for the accident and the resulting injuries) the legal battle over who is to blame ends.  The focus then shifts on calculating how much compensation you are owed.

Split Liability and Contributory Negligence

Not every claim is a straightforward case of one party being 100% at fault.

If you were partially to blame for your injuries (for example, not wearing a seatbelt during a car crash, or crossing a road without looking), a court may rule that you contributed to the accident.  Your total compensation is reduced by your percentage of fault.  For example, if your claim is worth £10,000 but you are found 20% to blame, you will receive £8000.

Medical Evidence

You must prove that you were hurt and link your injuries directly to the accident through medical evidence.

  • Medical Records

Immediate records from your attendance at A&E, your GP or walk-in centre following the incident.

  • Independent Medical report

Your solicitor will arrange an assessment with an independent medical expert to examine you and prepare a report which deals with the severity of your injuries, your treatment plan and your long-term prognosis.

  • Injury Photographs

It is useful if you can take photographs of your injuries, particularly if you have permanent scarring.

Financial Evidence

To claim back any money you have lost or spent because of the accident, you must provide a clear paper trail. This usually includes:

  • Wage slips – usually 3-6 months of payslips before and after the accident.  You may also need to provide bank statements and tax returns if you are self-employed.
  • Receipts and invoices - proof of purchase for private medical treatments, prescriptions, over-the-counter medication and therapy.
  • Travel logs – a record of mileage, parking receipts, or public transport tickets for journeys to medical appointments.

To help your solicitor put together a detailed schedule of all your losses it is helpful if you can keep a journal tracking your pain levels, appointments, any assistance received with daily tasks, time off work and details of activities which you no longer can do.

How Long Do You Have to Make a Personal Injury Claim?

The Three-Year Limitation Period

In most cases you have three years from the date of the accident to start legal proceedings.  If you miss this deadline, you lose the right to claim.

There are exceptions to the three-year rule where claims are brought by children and protected parties.

Why Specialist Legal Advice Makes a Difference

While it is possible to pursue a personal injury claim without legal representation, seeking advice from an experienced personal injury solicitor can make a significant difference to the outcome of your claim. Compensation is about more than recovering the cost of an injury, it is about ensuring that every aspect of the impact the accident has had on your life is properly recognised and valued.

A specialist solicitor will take the time to understand your individual circumstances and identify all the losses you may be entitled to claim.

Building a successful personal injury claim also relies on strong evidence. At Timms, our dedicated Personal Injury team will help gather medical records, obtain independent medical expert reports, collect financial evidence and liaise with witnesses where necessary. Presenting a well-supported claim helps ensure that all losses are accurately evidenced and can strengthen your position during negotiations.

Insurance companies will often seek to resolve claims as quickly and cost-effectively as possible. While many insurers deal with claims fairly, accepting an early settlement offer without understanding the full extent of your injuries or future losses could result in you receiving less compensation than you are entitled to. Once a claim has been settled, it is usually not possible to return and seek additional compensation if your condition later worsens or further losses arise.

An experienced personal injury solicitor will carefully assess the value of your claim, negotiate on your behalf and advise you throughout the process, giving you confidence that your interests are being protected. Early legal advice can also help avoid unnecessary delays, ensure important evidence is preserved and provide access to rehabilitation or support where appropriate, allowing you to focus on your recovery while your claim is progressed.

You can see what our clients say about us here.

How Timms Solicitors Can Help

At Timms Solicitors, we understand that the aftermath of an accident can be both physically and emotionally challenging. Alongside recovering from your injuries, you may be dealing with financial worries, time away from work and uncertainty about what happens next. Our experienced Personal Injury team is here to provide clear, practical advice and guide you through the claims process from start to finish.

Our solicitors are fully qualified and are members of the Association for Personal Injury Lawyers (APIL). Further details can be found on our website.

We take the time to understand how your injuries have affected your life and work to ensure that every aspect of your claim is fully considered. Whether you have been injured in a road traffic accident, an accident at work, or a public liability incident, we can help you gather the evidence needed to support your claim, obtain independent medical evidence and pursue compensation for both your injuries and the financial losses you have experienced.

Our aim is to make the claims process as straightforward as possible, keeping you informed at every stage while working to achieve the best possible outcome for your individual circumstances.

If you have been injured in an accident that wasn't your fault and would like to understand what compensation you may be entitled to claim, contact us today on freephone 0800 011 6666 or via email at legal@timms-law.com.

 

Frequently Asked Questions

What can I claim compensation for after an accident?

If you have been injured in an accident that was not your fault, you may be able to claim compensation for your injuries, pain and suffering, as well as financial losses caused by the accident. This may include loss of earnings, medical expenses, travel costs, rehabilitation, care and assistance, and other related expenses.

Can I claim compensation for loss of earnings?

Yes, you may be able to claim compensation for loss of earnings if your injury has caused you to take time away from work, reduce your hours or affected your ability to continue in your job. A claim may also include future loss of earnings if your injuries impact your long-term earning capacity.

Can I recover medical and rehabilitation costs?

Yes, reasonable medical and rehabilitation expenses linked to your accident may form part of your claim. This can include physiotherapy, counselling, specialist treatment, prescriptions, mobility aids and other support needed to help with your recovery.

Can family members claim for providing care after my accident?

Family members cannot usually make a separate claim for providing care, but the value of the care and assistance they provide may be included within your personal injury claim. This could cover help with tasks such as cooking, cleaning, shopping, childcare or personal care.

Can I claim for anxiety or PTSD after an accident?

Yes, psychological injuries such as anxiety, depression or post-traumatic stress disorder (PTSD) can be included in a personal injury claim if they have been caused or worsened by the accident. Medical evidence is usually required to support a claim for psychological injury.

How is personal injury compensation calculated?

The value of a personal injury claim depends on several factors, including the severity of your injuries, the impact on your daily life, your recovery prospects and the financial losses you have experienced. Compensation is usually made up of general damages for pain and suffering and special damages for financial losses.