Personal Injury & Medical Negligence Solicitors in Cardiff.

Yes — psychological injury is compensable in personal injury and medical negligence claims, provided it is a recognised psychiatric condition rather than ordinary distress or upset. Conditions such as post-traumatic stress disorder, depression, anxiety disorders, and adjustment disorder caused by an accident or negligent treatment can all form the basis of a claim. Psychological injury can be claimed alongside physical injury, or as a standalone claim where no physical injury occurred — though standalone psychiatric injury claims face additional legal hurdles around duty of care. Expert evidence from a psychiatrist or psychologist is required to establish the diagnosis, the causal link to the accident, and the prognosis. Psychological injuries can be significant in value, particularly where they affect the claimant's ability to work or conduct everyday life.

Yes — personal injury and medical negligence claims can be brought on behalf of children and people who lack mental capacity, but additional rules apply. For a child, the claim is brought by a litigation friend — usually a parent — on the child's behalf. Any settlement reached on behalf of a child must be approved by the court, which considers whether the terms are in the child's best interests. Compensation is usually paid into the Court of Protection or held in a court-controlled fund until the child reaches 18. For someone who lacks mental capacity, a litigation friend brings the claim and court approval is similarly required for any settlement. The limitation period for a child runs from their 18th birthday; for a person lacking capacity, time does not run while incapacity continues.

Proving medical negligence requires establishing three things. First, that the treatment fell below the standard of a reasonably competent practitioner in the relevant specialty — assessed by reference to the Bolam test, as refined by the Bolitho case, which requires that the approach taken was not one that no responsible body of medical opinion would endorse. Second, that the breach of duty caused the harm suffered — causation is often the hardest element to prove in medical negligence, particularly where the underlying condition may have caused harm in any event. Third, that the harm resulted in quantifiable loss. Independent medical expert evidence is essential in every clinical negligence claim — both to establish the breach and to address causation. These cases are complex and require specialist legal advice from the outset.

The standard limitation period for personal injury claims in England and Wales is three years from the date of the accident or injury — or three years from the date of knowledge if you did not know at the time that your injury was significant or caused by a third party's fault. For medical negligence claims, the three-year period runs from the date of the negligent act or the date you became aware of it. Claims on behalf of children must be brought within three years of the child's 18th birthday — meaning the clock does not start until they reach adulthood. Claims on behalf of people who lack mental capacity have no limitation period while incapacity continues. Missing the limitation period is almost always fatal to a claim — take legal advice as soon as possible after any accident or injury.

A straightforward road traffic accident or employer's liability claim handled through the claims portal can resolve within six to twelve months. More complex personal injury claims — involving serious injuries, disputed liability, or significant future losses — typically take one to three years. Medical negligence claims are almost always longer: two to five years is not unusual for complex cases, particularly where causation is disputed or where the full extent of the claimant's future needs cannot be assessed until their condition has stabilised. Court timetables, the availability of medical experts, and whether liability is contested all affect the timeline. Most claims settle before trial, but the preparation required before settlement is reached takes time.

Compensation depends on the severity and permanence of your injuries, the impact on your daily life and work, and your financial losses. General damages for pain, suffering, and loss of amenity are assessed using the Judicial College Guidelines — a published set of brackets for different injury types and severities, updated periodically. Special damages cover your actual financial losses — past and future — and are calculated from evidence. Minor soft tissue injuries may result in a few thousand pounds; serious or life-changing injuries involving permanent disability, long-term care needs, or significant loss of earnings can result in awards of hundreds of thousands or millions of pounds. Each case is different — an honest assessment of the likely range requires a review of the specific injuries and losses involved.

Partial fault does not bar a personal injury claim — it reduces the compensation payable under the principle of contributory negligence. If the court finds you were partly responsible for the accident, your compensation is reduced by the percentage of your contribution. For example, if you are found 25% contributory negligent, your award is reduced by 25%. Common examples include not wearing a seatbelt in a road traffic accident, or failing to wear protective equipment at work when it was provided. Contributory negligence is a matter of degree — being partially at fault does not mean you cannot recover anything. Whether and to what extent contributory negligence applies is a factual question assessed on the specific circumstances of each case.

A no win no fee agreement — formally a Conditional Fee Agreement (CFA) — means you only pay your solicitor's fees if your claim succeeds. If you win, the solicitor's fee (including a success fee) is typically recovered from the losing party or deducted from your compensation. If you lose, you pay nothing to your own solicitor — but you may be liable for the defendant's costs unless you have after-the-event (ATE) insurance in place. ATE insurance protects you against the other side's costs if your claim fails and is usually arranged at the outset. No win no fee agreements make personal injury claims accessible without upfront legal costs, but you should understand exactly what deductions will be made from any compensation before agreeing to the terms.

A Part 36 offer is a formal settlement offer made under Part 36 of the Civil Procedure Rules, with specific costs consequences designed to encourage settlement. If a claimant fails to beat a defendant's Part 36 offer at trial, the claimant is usually ordered to pay the defendant's costs from the date the offer expired — even though the claimant won. This makes receiving a Part 36 offer a serious decision requiring careful consideration. Whether to accept depends on: the amount offered compared to the realistic value of the claim; the strength of liability and causation; the likely costs of proceeding to trial; and the risk of not beating the offer. You have 21 days to accept a Part 36 offer without cost consequences. Taking legal advice immediately on receiving a Part 36 offer is strongly recommended.

A personal injury claim is a legal claim for compensation arising from an injury caused by someone else's negligence or breach of duty. It can arise from a road traffic accident, a slip or trip in a public place, an accident at work, an assault, or medical treatment that fell below the required standard. Compensation covers two main categories: general damages for pain, suffering, and loss of amenity — the impact of the injury on your life; and special damages for financial losses — lost earnings, medical expenses, care costs, travel, and any future losses arising from the injury. To succeed, you must show that another party owed you a duty of care, breached that duty, and that the breach caused your injury and losses.

A Schedule of Loss is a document setting out all the financial losses and future expenses claimed as part of a personal injury or medical negligence case. It itemises: past losses already incurred — lost earnings, medical treatment costs, care costs, travel expenses, and adaptations to the home; and future losses — projected loss of earnings or earning capacity, ongoing care needs, future medical treatment, and any other costs arising from the injury. The Schedule of Loss is central to valuing the claim and driving settlement negotiations. It must be supported by evidence — payslips, invoices, receipts, expert reports on care needs, and employment evidence. A well-prepared Schedule of Loss significantly affects the amount recovered. It should be prepared with legal and, where necessary, expert assistance.

The claims portal is an online system used to process lower-value personal injury claims in England and Wales — specifically road traffic accident claims up to £25,000, and employer's liability and public liability claims up to £25,000. Claims submitted through the portal follow a fixed timetable with fixed costs, which keeps the process streamlined for straightforward cases. If the claim exits the portal — because liability is denied, the value exceeds the limit, or the claim is complex — it proceeds under standard litigation rules. Higher-value claims, medical negligence claims, and claims involving serious injuries do not go through the portal and are handled as multi-track litigation. Most personal injury solicitors are familiar with both the portal and multi-track processes.

A personal injury claim arises from an accident or injury caused by someone else's negligence in a non-medical context — a road accident, workplace injury, or slip and trip. A medical negligence claim — also called clinical negligence — arises specifically from treatment by a healthcare professional that fell below the standard expected of a competent practitioner in that field. Medical negligence claims are generally more complex, take longer, require expert medical evidence, and are harder to prove than standard personal injury claims. The standard of care is assessed by reference to what a responsible body of medical professionals would have done — not simply whether the outcome was bad. A poor outcome does not in itself constitute negligence.