Your Right to Make a Claim

Human Rights Comment are committed to making information about legal rights and entitlements straightforward and easy to understand. In our latest update, we will be exploring the rights that you have in relation to accidents and personal injury.

Anyone who has been injured in an accident that was not their fault has a legal right to make a claim.

Many people worry about whether they have a legal entitlement to make a claim, but there is quite a straightforward test. Have you suffered an injury that was caused by the negligence of someone else?

If a person owes a duty of care to you, they breach that duty of care and you suffer an injury because of this breach, then you will likely have the legal right to make a claim against them.

It is important to note that, under UK personal injury law, you will not have a claim against someone if they owed you a duty of care, breached that duty of care but no injury resulted of that breach. For example, if an employer was to breach their duty of care towards their employees there might be a high risk an employee will suffer an injury. However, the threat of an injury occurring is not enough to make a personal injury claim. There must be an injury caused for a personal injury claim to be made.

The claim is made against the person or organisation that was responsible for the injury.

A spokesperson from Personal Injury Solicitors Leeds commented, “Unfortunately, many people are unaware of their legal rights and do not get the compensation they deserve for their accident and injuries.”

In most cases, a personal injury claim must be launched within three years of the accident taking place. There are only a few exceptions to this rule, such as people who were injured when they were under the age of 18 or when they are suffering from an asbestos related injury.

If you have suffered an injury that was not your fault, the best course of action is to contact a personal injury lawyer for advice and assistance.

Your Rights in Relation to Personal Injury Claims


human-rights-law-imageSadly millions of people are injured each year through no fault of their own on the road, in the workplace or public. Recently we spoke to a personal injury lawyer from a firm of London personal injury solicitors.

They are specialists in accident claims and their team of lawyers are frequently asked to support people with compensation claims. You have a right to legal advice if you have been injured through no fault of your own – and this interview gives more information on what’s involved.

Although many people are injured each year, a huge number are hesitant to making a claim as they do not know if they are entitled to make a claim, who can help them through the process and if they actually qualify to take legal action.

What Do I Need to Make a Personal Injury Claim?

Firstly, perhaps obviously, you must have been injured in an accident that was not your fault. You can only take legal action if your injury occurred in the last three years. If you fail to begin any proceedings three years after your injury, then you will be unable to take legal action.

Whiplash is a very common event leading to using personal injury solicitors.

If you were injured but responsible for your own injury then you will not be able to make a claim. Regardless of the extent of your injury, whether it was a minor case of whiplash or a serious head injury, you have the right to hold those responsible to account and the right to claim compensation.

Many injuries are fraudulently claimed for therefore it is imperative that you provide as much evidence as possible regarding your injury. Not only will solicitors require basic details about where, when and how your accident occurred, but our solicitors will also require evidence of your injuries such as a medical report, witness statements and photographic evidence. (please note if you do decide to use a personal injury lawyer then make sure they are members of the UK Law Society.)

How Much Could My Personal Injury and Accident Claim be Worth?

When you first make a call or enquire to our solicitors they may not be able to tell you exactly what your claim is worth, however, following a collection of the evidence and an investigation by solicitors they will be able to inform you of what you can expect to occur during your claim and what your claim could be worth. Naturally more serious injuries or injuries that have lasting repercussions will be worth a significant amount more in compensation.

While many people believe that if they have been only slightly injured and that it is not worth the hassle of going through a personal injury claim, when involved in an accident you can claim for more than just your injuries. You can also seek damages for any rehabilitation costs, any loss of income as a result of your injuries or even repairs following damages to property.

Will I Need a Personal Injury Solicitor?

Many people believe that if they are involved in an accident and suffer an injury. As a result, they will be awarded compensation. However, many people do not wish to claim responsibility for your injury and will try as many tactics as possible to not pay compensation. Therefore, it is vital to have a solicitor advising and supporting you to ensure you get the compensation you deserve. Some personal injury claims are settled outside of court, thus having a skilled solicitor will ensure that you are given the right amount of compensation.

Contact Us

If you have been involved in an injury and require the help of a reputable personal injury lawyer in London, contact us today using our online contact form. You could also read our related post about cycling injuries that we recently published.

You can contact these personal injury lawyers by the following methods:

Personal Injury Solicitors London

330 High Holburn



United Kingdom

Telephone: 020 3811 5808

How Does Human Rights and Equality Law Effect Our Lives?

A recent article by the Guardian has highlighted the impact that human rights law and equality legislation can have on our everyday lives.

The Guardian reported that that drivers who live in areas with high numbers of ethnic minorities are much more likely to pay a higher car insurance premium that those who do not. It is estimated that people living in these areas will pay on average £450 a year extra.

These figures come from a report released by the former equality commissioner.

The Director of General Policy at the Association of British Insurers has said, “Car insurers have never and will never set prices based on ethnicity, as it is ethically wrong and prohibited by the 2010 Equality Act. Premiums are higher in certain parts of the country because claims costs are higher in certain parts of the country.” He also went on to criticise the lack of consultation of key players in the insurance market.

house of commons

A UK lawyer has also commented, “Discrimination on the basis of a person’s ethnicity, heritage or race is illegal under UK law.”

The Equality Act was brought into force in 2010 and drew together a series of equality legislation such as the Equal Pay Act, the Disability Discrimination Act and the Sex Discrimination Act.

Legislation such as this helps to protect us against from discrimination.

Human Rights Lawyer’s Concern Over Brexit

As the dust begins to settle on last month’s monumental vote to leave the European Union, neither Britain or the rest of Europe are any closer to knowing what the relationship between Britain and the EU will be.

Many people are also questioning what Human Rights protections will be in place when the United Kingdom leaves the European Union.

brexit human rights flags

Shortly after the result of the vote was clear, David Cameron announced his decision to step down as Prime Minister. He had supported a Remain vote and with his newly negotiated EU deal for the UK failing to convince the electorate to stay in the EU, many felt he had no choice but to resign.

This sparked a Tory leadership race, but due to various factors the contest did not go to the Tory membership and Theresa May was elected leader of the party and Prime Minister of the United Kingdom.

However, many commentators are concerned about Mrs May’s past record on Human Rights. May is one of the longest serving Home Secretaries of recent times and supported repealing the Human Rights Act.

The Guardian has reported that Theresa May said, “It isn’t the EU we should leave but the ECHR [European court of human rights] and the jurisdiction of its courts.”

Martha Spurrier, a Human Rights lawyer who works for Liberty, has urged Theresa May to keep the Human Rights Act.

The Human Rights Act provides basic protections to all and helps to ensure that the most vulnerable, including those who are detained whilst seeking refugee status in the UK.

Like so many aspects of unwinding decades European Union legislation, there is no way of knowing what the future will hold.

Human Rights Concerns After Failed Coup

turkish flag

Many leaders and commentators have voiced concerns that human rights will not be upheld following the failed Turkish coup.

On 15th July, members of the Turkish military staged a coup in a bid to overthrow the government. Those involved in the coup took control of helicopters and attacked governmental buildings. A military jet was also used to bomb the Presidential residency.

It has been reported that there were over 100 fatalities and over 1,000 injured in the attacks.

Following the surrender of the insurgents, there has been a widespread concern for human rights.

The Turkish President, Recep Tayyip Erdogan, announced that those involved in the coup would face a heavy price for their act of treason.

Since then there have been over 7,000 arrests. Although the vast majority of those arrested are suspected to be soldiers involved in the uprising, there have also been arrests of judges and prosecutors suspected to be involved.

Over 7,000 police officers and bureaucrats have also been suspended.

Diplomats and leaders from the EU, UK and USA have been publically stated that Turkey must protect the Human Rights of the people suspected of involvement and that democracy must be upheld.

The U.S Secretary of State and former Democratic Presidential nominee, John Kerry, said, “This is no excuse to take the country away from fundamental rights and the rule of law, and we will be extremely vigilant on that.”

Boris Johnson, the UK’s new Foreign Secretary, stated, in that the British Foreign Office was in “what Her Majesty’s Diplomatic Service calls ‘crisis mode.”

There are fears that Human Rights will not be upheld in the wake of such an attempt to overthrow the government. There are even fears that the death penalty could be reintroduced.

Although Turkey is not a member of the European Union, and therefore not bound by the European Convention on Human Rights, there are a host of international treaties and laws that aim to protect the Human Rights of all citizens.

Impact of Brexit on UK Human Rights

european flagOn Thursday 23rd June, British voters voted to leave the European Union by a slim majority. This has left many people wondering about the implications that Brexit will have upon human rights law in the UK. In this post, we aim to explore the potential human rights impact of Brexit.

All European Union member states must protect in law the human rights set out in the European Convention on Human Rights, commonly referred to as the ECHR. The Convention sets out various human rights, including:

Article 2 – every citizen’s right to life must be protected.

Article 3 – the banning of torture and degrading treatment.

Article 4 – citizens are protected from servitude and forced labour.

Article 6 – all citizens must be given the right to a fair and impartial trial.

Article 7 – no retroactivity. This means that citizens cannot be punished or criminalised for acts that were not against the law at the time they were committed.

Article 10 – all citizens will have freedom of expression.

Article 11 – freedom of association.

Article 12 – freedom of marriage.


The UK’s protections for human rights are likely to follow the human rights protections that are already recognised and protected under European Union law. The UK currently gives effect to the ECHR through the Human Rights Act 1998.

However, as no nation has ever split from the European Union before, there is no way of knowing what the true implications will be. Once Article is triggered by the British government, a two-year negotiation on the terms of separation will begin. No matter what progress has been made in the negotiations, Britain would leave the European Union at the end of the two-year period.

Look out for future posts where we bring you the latest on the human rights implications of Britain’s exit from the EU.

Human rights law news & legal updates to follow

human-rights-legal-news-updatesHuman Rights Comment aims to bring you human rights law news & legal updates. A body of international law, international human rights law is designed to protect human rights at social,regional, and domestic levels.

International human rights law is incorporated into law at a national level by the government of the country.

The main international human rights bodies are:

African Union – this is a union of the 53 African countries. The aims of this organisation are to facilitate trade and co-operation between the African nations. It also seeks to improve the protections for human rights across African.

European Union – the Council of Europe is based in Strasbourg, France. The European Convention of Human Rights sets out the human rights which must be protected in law by all of the European states. The United Kingdom gives effect to the European Convention of Human Rights through the Human Rights Act.

United Nations Human Rights Council – this organisation seeks to improve human rights protections throughout the world.

Organization of American States – this body aims to promote peace and security throughout the American continent.