Serious Injury Claims – When Can You Seek Compensation?

This guide will provide you with information about serious injury claims. We will discuss the eligibility criteria that need to be met in order to seek personal injury compensation, what proof you may need to support your case and the settlement that could potentially be awarded following a successful claim.

Additionally, we discuss the duty of care owed to you in different places and provide examples of the serious injuries that could be sustained in an accident if this duty isn’t upheld. This guide also provides an example case study demonstrating how a payout for a serious injury could potentially be secured. 

Finally, our guide discusses how the serious injury solicitors from our panel could assist you in seeking compensation. 

If you have any questions after reading or as you move through our guide, please get in touch with an advisor. They can offer free advice pertaining to your potential claim. 

serious injury claims

Serious Injury Claims – When Can You Seek Compensation?

Browse Our Guide

  1. Serious Injury Claims – When Can You Seek Compensation?
  2. What Evidence Could Help You In A Personal Injury Claim?
  3. Case Study: £2 Million Payout From A Serious Injury Claim
  4. Potential Compensation From Serious Injury Claims
  5. Claim For A Personal Injury On A No Win No Fee Basis
  6. Learn More About The Personal Injury Claims Process

Serious Injury Claims – When Can You Seek Compensation?

A serious injury could have lasting consequences on your physical health and mental well-being. They could include, for example, a back injury, paralysis, a brain or head injury, or amputation.

To make a personal injury claim for a serious injury, you must prove:

  • A third party owed a duty of care to you. 
  • Their duty of care was breached.
  • This breach caused your serious injury. 

The criteria mentioned above set out the basis of negligence in personal injury claims. Provided you have proof of negligence taking place, you could be eligible to proceed with your case.

Below, we have provided information on the third parties who owe a duty of care, the legislation they must adhere to, and how a breach of their duty could lead to an accident.

Road Traffic Accidents

Every road user owes a duty of care to one another to navigate the roads in a manner that prevents harm or damage to themselves or others. The Road Traffic Act 1988 and The Highway Code contain rules that must be followed to help road users uphold their duty of care. If there is a failure to do so, it could lead to a road traffic accident, such as a car accident, resulting in a serious injury. For example:

  • A driver does not carry out safety checks, such as looking in their mirrors, before they overtake on a motorway leading to a side-collision. This causes the driver of the other vehicle to sustain a serious brain injury or organ damage.

Accidents In A Public Place 

Under the Occupiers’ Liability Act 1957, an occupier of a public space owes a duty of care to members of the public. They must take steps to ensure public members are reasonably safe when using the space for its intended purpose. A failure to do so could lead to an accident in a public space. For example:

Accidents At Work

As established in The Health and Safety at Work etc. Act 1974, employers owe a duty of care to their employees. This requires them to take reasonable steps to prevent employees from becoming harmed in the workplace, and while they carry out their work-related tasks.

A failure to do so could mean a workplace accident occurs causing a serious injury. For example:

  • No training is given to an employee before they are instructed to use machinery when working on a construction site. As a result, they use the machinery incorrectly and sustain a traumatic amputation to their arm.

To discuss the circumstances surrounding your accident at work, public place accident, or road traffic accident, call our team. They can offer further guidance on the eligibility criteria for serious injury claims. You can get in touch on the number above to find out more.

What Evidence Could Help You In A Personal Injury Claim?

Evidence can help support serious injury claims by demonstrating that a third party didn’t uphold their duty of care, and as a result, you sustained harm. The types of evidence you could gather include the following:

  • Dash-cam or CCTV footage of the accident.
  • A diary containing information about your treatment and symptoms.
  • Photographs of your injuries and the accident site. 
  • Witness contact details. 
  • Copies of your medical records, such as a copy of a CT scan.

Call our team to find out whether a solicitor from our panel could assist you in collecting evidence and building your case. 

Case Study: £2 Million Payout From A Serious Injury Claim

Mrs Price was walking to work along her everyday route before getting into a pedestrian accident. While already walking across a zebra crossing, a distracted driver looking down at their phone failed to stop at the crossing, proceeding to drive ahead at full speed.

As a result, Mrs Price sustained serious spinal injuries and had to be rushed to hospital for immediate care. Mrs Price was left paralysed from the accident and needed full-time care moving forward.

Mrs Price’s family decided to proceed with a serious injury claim. Their solicitor gathered evidence in the form of CCTV footage of the accident site, witness statements, and medical reports from the hospital. 

Mrs Price won her case and received £2 million in compensation. She was compensated for the way her injuries had affected her quality of life. In addition, she received compensation to reimburse the financial losses incurred as a result of her injuries, such as loss of earnings due to being unable to return to work.

Please note, this case study is figurative to give an idea of when and how compensation could be sought. For help with serious injury claims, please reach out to an advisor today.

Potential Compensation From Serious Injury Claims

A serious injury settlement awarded following a successful claim can be split into two heads of claim. These are general and special damages. 

General damages compensate you for your pain and suffering due to your injuries. This includes both the physical and mental anguish you have experienced. It can also take into account factors, such as:

  • The severity of your injury.  
  • Your recovery. 
  • Your treatment.
  • The future prognosis.

The Judicial College Guidelines (JCG) and your medical records are documents your solicitor may use to help them determine the value of your general damages. 

The JCG provides a list of award brackets which are guidelines. You can find some of these in the table below. Please treat these figures as a guide, because each settlement can vary depending on the specific circumstances surrounding each case.

Injuries Table

Edit
Injury Severity Compensation Bracket Comments
Multiple Injuries Serious Up to £1,000,000+ A variety of serious injuries, alongside financial losses incurred as a result.
Brain Damage Very severe (a) £282,010 to £403,990 The person needs care on a full-time basis.
Moderately severe (b) £219,070 to £282,010 A very serious disability resulting in the person being substantially dependent on others and requiring constant care.
Moderate (c) (i) £150,110 to £219,070 Intellect is moderately to severely impaired, there is an impact on senses, and the person has no employment prospects.
Arm Amputation Loss of both arms (a) £240,790 to £300,000 Injury reduces the person to a state of considerable helplessness.
Leg Amputation (a) (i) £240,790 to £282,010 Both legs are lost.
Back Severe (a) (i) £91,090 to £160,980 Severe damage to nerve roots and the spinal cord.
Neck Severe (a) (i) In the region of £148,330 Permanent spastic quadriparesis resulting from a neck injury.
Special Damages Lost Income Up to £100,000+ Compensation claimed for needing time off work due to injuries.

Special Damages When Claiming For A Serious Injury

Special damages can compensate for the monetary expenses incurred due to your injuries. This includes the expenses you have already incurred and what you are expected to lose in the future. It can award compensation to reimburse, for example:

  • Medical costs. 
  • Care cover. 
  • Travel costs. 
  • Loss of earnings. 
  • The cost of renovations to your home, e.g. needing to add a stair lift. 

Collecting receipts, invoices, bank statements, and payslips can all help prove any losses. 

To discuss personal injury settlements in more detail, please contact an advisor on the number above.

Claim For A Personal Injury On A No Win No Fee Basis

If you choose to work with a No Win No Fee solicitor from our panel, they could offer services, such as help collecting evidence, and valuing your claim, under the terms of a Conditional Fee Agreement (CFA). 

A CFA is a contract between you and your solicitor, the terms of which often stipulate:

  • No fees to pay for the solicitor’s work as your claim begins, while it is in progress, or if it fails.
  • A percentage with a legal cap is taken from your compensation and paid to your solicitor if your claim succeeds.

For more information on serious injury claims, and whether a solicitor from our panel could represent your case under a CFA, please get in touch with an advisor. To do so, you can:

Learn More About The Personal Injury Claims Process

Below, you can see our other guides:

For more external resources:

Thank you for reading this guide on serious injury claims. If you have any other questions, please speak with an advisor via the contact details provided above.

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