Personal Injury & Clinical
Negligence Claims

Personal Injury and Clinical Negligence Claims

3-year time limit

If you have been injured in an accident on the ROAD or at WORK, within the last 3 YEARS, and this was a result of someone’s negligence, you can make a claim against that person within 3 years of the accident.

Clinical or Medical Negligence

If you have suffered an injury or other symptoms because of the Clinical Negligence of a doctor or hospital, you may also make a claim against that person or organisation within a 3- year period starting from the date that it occurred.

Date of Knowledge of injury or symptoms

What if you did not know that your injury was caused by the accident or you discovered that you had an injury or had contracted a disease much later than 3 years ago?

The law allows the period of 3 years to be EXTENDED to 3 years FROM THE DATE OF KNOWLEDGE.  For example, in cases of asbestosis, people often do not have any symptoms until 20, or 30 years or even longer after having contact with asbestos, so their date of knowledge does not start until they realise that they have the symptoms of asbestosis.

Accidents involving minors under the age of 18

If a child has an accident, the 3-year time limit does not start to run until they reach the age of 18, so they have until they reach 21 to start a claim.

FREE Initial Assessment

We can provide you with a FREE initial assessment of your claim and you can then decide if you wish to pursue a claim or not.

We can also offer to take on personal injury work on a NO WIN NO FEE basis for cases that qualify and you will only be responsible for expenses, such as the cost of medical reports and medical records. You will only be responsible for our fees if you win, but if you do win, you will be entitled to claim most if not all of your legal fees from the other person.

ONLINE MEETINGS VIA ZOOM OR SKYPE ETC

We can organise an online meeting with you via Zoom or Skype and other available programmes. Please contact Roy at: roy@lawyersonline.gi

EXAMPLES OF CASES AND POSSIBLE AWARDS

Accident on building site

The Claimant fell through a ceiling on a construction site and suffered multiple injuries. Medical reports were obtained and the Defendant accepted liability as a result of which the claim settled for £250,000 plus his legal costs.

Psychological injury as a result of excessive workload

The employee was unable to cope with the excessive workload placed upon him by his employers. Despite complaints by him, the workload did not decrease, and the employee became ill and was signed off sick. Adjustments were made to the employee’s workload, and the employee was able to return to work. However, the Claimant was unable to return to work full time, and a claim for loss of future income was made for the lost hours that he would not be able to work. The claim settled for approximately £385,000 plus his legal costs.

Accident at Work

The Claimant slipped at work and suffered various injuries including injuries to this hip and lower back. This affected his ability to work, his future income and pension entitlement. The Defendants admitted liability and a settlement of £220,000 was achieved plus an amount for his legal costs.

Clinical Negligence

Claimant was given unnecessary treatment by a hospital doctor, and this lead to her having a hysterectomy due to excruciating pain caused by a rare form of Asherman´s Syndrome. This impacted on the claimant’s ability to have further children. Her claim included the future costs of adopting or having children by surrogacy. To avoid a prolonged case and trial, the Claimant settled the claim for £80,000.

Road Traffic Accident by reversing vehicle

The claimant’s motor cycle was struck by a reversing vehicle as a consequence of which she suffered leg injuries and psychological trauma. She settled the claim without going to court for £10,000.

Accident in car park

The claimant was walking through a dimly lit car park when her foot struck a piece of metal sticking out from the ground (later removed by the car park), and this caused her to fall to the ground and fracture her ankle. The car park management admitted liability for the accident as they had left the protruding metal in the ground after removing a metal post. They settled the ankle fracture for a sum of £15,000 apart from his legal fees.

Accident at work

The Claimant was employed in a shop when he fell from a ladder and suffered a fracture to his leg. He was no longer able to work and the claim was settled for a sum of £25,000.

*Please note that some facts and figures have been changed (but not significantly) to protect the identities of the individuals referred to above. Every case is different and the above are just some examples of awards that can be achieved. The above information is solely for education purposes only and does not constitute legal advice.

Personal Injury Claims against Untraced or Uninsured Drivers – Claims through the Motor Insurers´ Bureau

What if the person who caused your injury cannot be found or have no insurance?

Gibraltar is a signatory to an agreement with the UK´s Motor Insurers´ Bureau (MIB) and this will allow anyone who is the victim of untraced or uninsured drivers to make a claim through the MIB who will be responsible for any of your legal costs and disbursements.

Contact us on office@lawyersonline.gi for further information.