By Cat Mulligan. Last Updated 26th April 2023. Have you suffered a serious injury due to someone else’s negligence? If so, you may be owed compensation. Serious injury claim payouts could be awarded to cover your financial, emotional, and physical suffering after the injury.
It can be frustrating and worrying when you suffer a serious injury that wasn’t your fault, but our team of advisers is here to lend a helping hand. They’d be happy to have a chat with you about your case and assess whether you may be owed compensation.
If your claim has a favourable chance, you may be connected to one of the experienced serious injury solicitors from our panel to talk through No Win No Fee agreements. They could then begin working on your claim and seek the compensation you’re owed for your injuries.
To get in touch with an adviser, you can:
- Ring them on 0800 408 7825 to receive free advice.
- Talk with them through our instant chatbox for a reply straight away.
- Put your details into our online claims form to request a call back at your convenience.
Select A Section
- How Are Serious Injury Claim Payouts Calculated?
- When Could You Suffer A Serious Injury?
- How Do I Prove The Extent Of My Injuries?
- Serious Injury Claims Time Limit
- Examples Of Serious Injury Claim Payouts
- Talk To Us About No Win No Fee Serious Injury Claim Payouts
If you’ve suffered a serious injury due to someone else’s negligence, you may be entitled to compensation. For example, your employer may have neglected their duty of care in the workplace, meaning you suffered an injury as a result. You may have been injured on the roads or in public due to another party’s negligence. If so, you could claim. This guide explains how to do so and how compensation is calculated.
Serious injury claim payouts are calculated by valuing up to two heads of claim: you could be offered special damages (for financial loss caused by the accident caused by a third party’s negligence) and general damages (for the physical and emotional injuries caused).
Here are some examples of how a serious injury could impact you financially:
- Loss of earnings – You may suffer a loss of earnings if you have to take time off work or quit your job due to your injuries.
- Care costs – You may have to pay out of pocket if you or a family member need full-time or part-time care.
- Medication – If you had to pay out of pocket for medication, you may be owed compensation.
With the right proof, as we discuss later, you could recover these costs.
Compensation Claims On Behalf Of The Deceased
The Fatal Accidents Act 1976 includes the rules surrounding claiming compensation for a loved one who’s passed away due to someone else’s negligence. You may be able to claim compensation from another party (such as an employer) if they’re responsible for the death of a loved one because their breach of duty of care led to their fatal accident.
Therefore, if you’re the relative of someone who has passed due to negligence, you may be able to claim compensation on their behalf.
To discuss serious injury claim payouts further, please don’t hesitate to get in touch with our friendly team of advisers.
There are various ways that a serious injury could occur. Here are some examples:
- Road traffic accidents – A vehicle collision could cause serious injuries such as brain damage, broken bones, and sometimes even death. You can contact our team of advisers today to discuss filing road traffic accident claims and explore serious injury claim payouts. The Highway Code establishes that each road user has to abide by the rules of the road and use standard care and skill when on the roads.
- Accident at work – You may suffer a serious injury due to a workplace accident. The Health and Safety at Work etc. Act 1974 states that all employers must safeguard and protect employees as much as is reasonably possible. They could do this by completing regular safety checks on equipment and ensuring all employees are adequately trained. This can prevent serious workplace accidents.
- Accident in a public place – The Occupiers’ Liability Act 1957 states that anyone who occupies or controls a public place has a duty of care to protect anyone who can access it. An example of a public place accident could be falling down faulty stairs and sustaining a broken leg injury.
Serious Injuries Caused By Medical Negligence
You may have suffered serious injuries due to medical negligence. An example could be if the wrong part of your body is operated on. This could have catastrophic consequences, such as the wrong limb being amputated. You can get in touch with our expert team of advisers today to chat about clinical negligence claims.
Clinical Negligence Statistics
The table below includes statistics taken from the NHS showing the number of reports of ‘never events’ that occurred on the 1st April – 31st July 2021 by the month. Never events are medical occurrences that should never happen because the appropriate protocols are in place to prevent them.
As shown, the month with the most never events was July, with 38 reports. Alternatively, the month with the least amount of never events was June, with 26 reports. Altogether, there were 131 never events that were reported between 1st April and 31st July 2021.
Serious Injuries Caused By Road Traffic Accidents
Road traffic accidents can cause a range of serious injuries, such as brain damage and broken bones, or even death. You can get in touch with our experienced team of advisers today to discuss serious injury claim payouts and receive free legal advice. If your claim seems promising, you can be connected to a serious injury solicitor from our panel.
UK Road Casualties
The below table shows the estimated road casualties in Great Britain by severity in the year ending June 2021. As you can see, the most common type of casualty is a slight injury, with 95,320 reports. On the other hand, deaths were the least common type of severity.
Gathering as much sufficient evidence as possible to prove the extent of your injuries could improve your likelihood of receiving the compensation you’re owed. Here are some examples of evidence you could provide in your serious injury claim:
- Photos of your injury – If your injuries are visible, it may help to take photos of them. This can show the severity of them and what type of injuries they are.
- CCTV footage – It may be helpful to show CCTV footage of your accident to prove how it occurred and who was at fault.
- Witness statements – This could help prove that the accident happened how you said it did and that your injuries were as severe as you state they were.
- Medical records – This could include your diagnosis and treatment plan, which may show the severity of your injuries and how long they took to heal.
As well as the evidence mentioned above, you would need to attend a medical assessment as part of the claims process. An independent medical professional would assess your injuries and create a report that establishes:
- Whether your injuries are consistent with those caused by such an accident.
- How severe your injuries are.
If you use the services of a solicitor to claim, they could use the report as evidence. It could also aid them when valuing your injuries.
In order to claim serious injury compensation, you must begin your claim within three years of your accident. This time limit is set out by the Limitation Act 1980, but this legislation also allows some exceptions to this rule.
One example is if the injured party lacked the mental capacity to make a claim. In this case, the three-year time limit is frozen indefinitely. If they recover the capacity to claim for themselves, the time limit will restart on the date of recovery. Otherwise, a litigation friend can make your claim on their behalf at any point while the suspension applies.
Similarly, if the injured party is a minor, then the time limit is suspended until their eighteenth birthday. This gives them until their twenty-first birthday to begin a claim. At any point during the suspension period, a litigation friend can claim on your behalf.
Keep reading our serious injury guide to learn more about the process of claiming. Alternatively, you can contact our team to get started on the serious injuries claims process by calling the number above.
The compensation table below includes figures taken from the Judicial College Guidelines (JCG) showing the compensation bracket that could be awarded for some injuries. Solicitors use the JCG to guide them when valuing claims.
|Mental Anguish||Severe||You’re scared of impending death.||£4,380|
|Brain Damage||Very Severe Brain Damage||Eye opening is recovering and basic commands may be followed, but little response to an environment and nursing care is needed full-time.||£264,650 to £379,100|
|Brain Damage||Moderately Severe Brain Damage||This is a serious disability which will cause you to depend on others significantly. The limbs may be paralysed and intellect may be impaired.||£205,580 to £264,650|
|Psychiatric Damage Generally||Severe||There’s a poor prognosis and work and social life is severely impacted.||£51,460 to £108,620|
|Psychiatric Damage Generally||Moderately Severe||A more promising prognosis than the above but there are still significant symptoms.||£17,900 to £51,460|
|Post-Traumatic Stress Disorder||Severe||You’re unable to go to work at all or at the frequency you used to. Every part of your life is affected badly.||£56,180 to £94,470|
|Post-Traumatic Stress Disorder||Moderately Severe||Professional help aids recovery which improves the prognosis. There is still disability that’s significant though.||£21,730 to £56,180|
|Injuries Affecting Sight||Total Blindness and Deafness||This is an extremely devastating injury.||In the region of £379,100|
|Injuries Affecting Sight||Total Blindness||Total Blindness||In the region of £252,180|
|Injuries Affecting Sight||Total Loss of One Eye||The psychiatric impact and how old you are will impact the awarded bracket.||£51,460 to £61,690|
The award bracket for each injury differs depending on severity.
The physical and psychological damage you experience as a result of your injuries is compensated as general damages. An example of this could be if you suffer from post-traumatic stress disorder (PTSD) or psychiatric damage generally.
Your compensation award may include both special damages and general damages.
The financial loss you suffer as a result of your injuries is compensated as special damages. An example of this could be if you suffer a loss of earnings after taking time off work whilst your injuries heal.
To prove special damages, you’d need to provide evidence such as payslips, invoices or bank statements.
Our panel of serious injury lawyers is open to working with claimants on a No Win Non Fee basis. A No Win No Fee agreement is also known as a Conditional Fee Agreement. It’s a contract between you and your serious or fatal accident lawyer. It outlines what conditions must be met by your lawyer for them to receive payment for their work.
If you win your claim, your lawyer would take a small amount of your compensation. This would be capped by law. If you lose your claim, you won’t be expected to pay your solicitor’s fee at all.
You can get in touch with our friendly team of advisers to discuss No Win No Fee agreements. They can discuss your situation and calculate the amount of compensation you may be owed.
If your claim is promising, they can connect you to a serious injury solicitor from our panel. They can then start looking to seek the maximum compensation figure you’re owed.
You can contact our experienced team of advisers by:
- Giving them a call on 0800 408 7825 to discuss your case.
- Filling out our contact form to receive free legal advice at a time best for you.
- Chatting with one of our advisers via our live chat box to get a reply instantly.
Serious And Fatal Accident Claim Resources
Motorcycle Injury Lawyers No Win No Fee Claims Guide – Our guide includes further guidance about making a No Win No Fee claim.
£80,000 Compensation Payout For A Serious Hand Injury – Have you sustained a serious hand injury due to negligence?
How Do You Claim For Serious Hand Injuries? – If you’ve suffered a serious hand injury because of negligence, you may be owed compensation.
Fractures – You can find more information and guidance about broken bones on this NHS guide.
Treatment of Fractures – This NHS article contains useful information about how to treat a broken bone.
Discharge Advice Following A Fracture – If you’ve been discharged after sustaining a broken bone injury, this NHS guide offers guidance.
Thank you for reading our guide about serious injury claim payouts.
Article by OA