No Win No Fee Serious Injury Claims

Welcome to our guide on serious injury claims. In this article, we will be addressing the processes of claiming compensation for injuries of a serious nature that were caused by negligence. We will be discussing things like how much you could claim following a life-changing injury.

Serious injury claims

Serious injury claims guide

Additionally, we’ll also be including information regarding claims made on the behalf of a deceased loved one following a fatal accident. A claim can be made by the Executor of the deceased’s estate, or by a dependant, as specified in the Fatal Accidents Act 1976.

Serious injury claims can attract high compensation awards due to the impact that the resulting injuries can have on your life and overall health. For example, negligence can lead to some life-changing injuries that result in your being unable to return to work in any meaningful capacity, if at all. They can even lead to a loss of life. If you or the deceased person you’re claiming on behalf of were not to blame for the injuries sustained, you could be owed compensation.

Read on for more information. Below, you’ll also find our contact details. We’re available 24/7 to answer your questions and offer free legal advice. If we think you have a valid claim, we could connect you with a specialist serious injury solicitor from our panel.

You can:

  • Call us on 0800 408 7825
  • Contact us through our website
  • Chat with us using the window in the corner of your screen

Select A Section

  1. No Win No Fee Serious Injury Claims Explained
  2. How Do No Win No Fee Claims Work?
  3. Types Of No Win No Fee Serious Injury Claims You Could Make
  4. What Are The Risks Of No Win No Fee Solicitors?
  5. Estimating Payouts For Serious Injury Claims
  6. How Do I Start A No Win No Fee Serious Injury Claim?

No Win No Fee Serious Injury Claims Explained

In order to make a serious injury claim, you need to be able to prove that you sustained your injuries as a result of negligence. This means that someone who owed you a duty of care breached this duty, resulting in serious injury. 

You’re owed a duty of care in a number of different circumstances. For example, at work, your employer owes you a duty of care according to the Health and Safety at Work etc. Act 1974. The duty of care that road users owe to one another is outlined in the Road Traffic Act 1988. Those in control of public spaces have a duty of care to those who use those spaces for the intended purpose; this is set out in the Occupiers’ Liability Act 1957.

Some examples of serious injuries that you could claim compensation for include:

Time Limits

It’s also important that you begin a claim within 3 years of the accident that caused your injuries. In cases of fatal accidents, the claim should be started within 3 years of the date of death.

These time limits are stated in the Limitation Act 1980. There are also certain instances in which these limits can be more flexible. 

For example, children and those who lack the mental capacity to claim cannot pursue compensation by themselves. The time limit for claiming is suspended until the child turns 18, or in the event that the injured person regains their mental capacity. While they’re unable to pursue their own claim, a litigation friend can do so for them.

For more information on the serious injury claims process

How Do No Win No Fee Claims Work?

Making a claim on a No Win No Fee basis can assist you financially with regards to funding the legal process. These are also known as Conditional Fee Agreements (CFA).

When operating with an agreement like this place, your solicitor will take a percentage of your final settlement as a success fee in the event that your claim is won.

If you’d like to know more about whether you could be offered a No Win No Fee agreement, speak to one of our advisors today. Otherwise, read on to find out more about the kinds of serious injury claims that could be made.

Types Of No Win No Fee Serious Injury Claims You Could Make

This section will give some examples of when serious injury claims can arise in various scenarios. 

Serious Road Traffic Accident Injury Claims

A road traffic accident can lead to a variety of injuries. If travelling at slow speeds, then impacts and collisions may just result in minor injuries such as whiplash and bruises. Slightly more serious injuries could include lacerations and bone fractures like a broken hip or elbow.

More serious collisions could in turn result in more serious injuries. For example, an injury to your spinal cord could cause you to be paralysed. A head injury could cause you to sustain a disorder of consciousness

The graph below shows the breakdown in the severity of injuries on the road caused by judicious actions in the year ending June 2021. As you can see, breaking the speed limit was the most common cause of slight, severe, and fatal accidents.

Serious injury claims statistics graph

Serious Workplace Injury Claims

Fatal accidents are amongst the most serious that can be experienced in any scenario. In the workplace, certain specified injuries need to be reported to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

Some of the injuries that employers must report to RIDDOR include:

  • Amputations
  • Crush injuries that damage the brain or internal organs
  • Serious burns that cover more than 10% of the body or significantly damage the eyes, respiratory system or other vital organs.
  • A loss of consciousness that happens because of a head injury or asphyxiation.

Fatalities in the workplace should also be reported to the HSE. RIDDOR statistics for 2020/21 show that 142 workers died in the workplace over this period. However, it isn’t stated how many of these instances of death were caused by negligence.

Serious Public Liability Accident Injury Claims

An accident in a public place can be very serious. They can take a number of different forms; for example, being involved in a slip, trip or fall or being hit by a falling object. 

For example, roof tiles on a council-owned building may not be properly secured. If they were to come loose then they could land on the heads of people passing by. This could lead to severe head and brain injuries or potentially even a loss of life.

A claim may be made against the council if they were found to have acted negligently. For example, they could have known about the poor conditions of the roof and neglected to have it repaired.

If you’ve been involved in an accident and would like to know more about public liability claims, get in touch with a member of our team today. You could be connected with a No Win No Fee solicitor from our panel to work on your claim.

What Are The Risks Of No Win No Fee Solicitors?

When you make a claim with a No Win No Fee agreement, you need to be absolutely certain that you wish to actually make the claim. This is because if you choose to abandon the claims once legal procedures have begun, you could be expected the cover the costs for the work already carried out by your solicitor.

Additionally, if your claim is fraudulent then your No Win No Fee agreement could be voided. This may also result in your having to pay your lawyer for the work they have put in on the abandoned claim. 

What Are The Benefits Of No Win No Fee Claims?

No Win No Fee agreements exist so that those with valid claims can access legal representation regardless of their financial circumstances. Otherwise, a specialist serious injury solicitor could be out of the price range of someone who wants to work with one on their claim.

Funding a claim in this way means that you won’t have to pay your solicitor unless your claim is successful. This means that you won’t be asked to pay anything upfront, while the claim is ongoing or in the event of you not being awarded compensation. 

If your claim is a success, your solicitor will deduct a success fee from your compensation, which we mentioned earlier. There’s a legal cap to this fee, meaning that you won’t be overcharged. 

Estimating Payouts For Serious Injury Claims

This section includes some example figures that can be awarded for serious injury claims. The amount that’s awarded to account for the injured party’s pain and suffering is known as general damages. General damages are calculated by legal professionals with the assistance of a publication called the Judicial College Guidelines (JCG).

This publication contains various examples of what could be awarded for certain injuries. The table below is made up of some figures taken directly from the latest version of the JCG. It was last updated in 2019.

In cases of fatal injuries, damages would be awarded to those making the claim on the behalf of the deceased.

Death(A) When the deceased had full awareness of their severe injuries with their consciousness fluctuating for 4-5 weeks before they pass away£11,770 to £22,350
Tetraplegia/quadriplegia(a) Where the injured person is paralysed below the neck. £304,630 to £379,100
Paraplegia(b) The level of this award will depend on considerations like the extent of pain that’s present and impact on mental health etc.£205,580 to £266,740
Brain damage(a) Very severe - some patterns such as sleep and waking may return and evidence of response to the environment will be minimal, if present at all£264,650 to £379,100
Brain damage(c) Moderate - (iii) when memory/concentration are affected and there’s a reduction the ability to work£40,410 to £85,150
Brain damage(d) Less severe - a good recovery will have taken place and work/social life can resume but possibly with some issues with concentration and/or memory£14,380 to £40,410
Post-traumatic stress disorder(a) Severe - when the condition prevents you from working either at all or in a capacity that remotely resembles the pre-injury level£56,180 to £94,470
Sight(b) Total blindnessIn the region of £252,180
Hearing(b) Total deafness£85,170 to £102,890
Arm(i) Amputated at the shoulderNot less than £128,710

In addition to general damages, you could also be awarded special damages. These are amounts that you have either lost out on had to spend as a direct result of your injuries. It’s a good idea to keep proof of these costs.

For example, you could present paychecks as evidence of how much you would have earned if not for the loss of earnings experienced due to your inability to return to work. You could also have things like prescription costs and medical treatment to cover.

If you want to know more about how compensation is calculated, get in touch with our advisors today. If you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel who has experience in serious injury claims. 

How Do I Start A No Win No Fee Serious Injury Claim?

Getting in touch with us and speaking directly with our advisors is the best way to get started with No Win No Fee claims. Reading information online will only get you so far. Reach out to us today for free legal advice and to get started on your claim.

You can:

  • Call us on 0800 408 7825
  • Contact us through our website
  • Chat with us using the window in the corner of your screen

Where To Learn More

Here are some links to additional material you may find useful.

  1. An NHS guide on amputation.
  2. Read more about paralysis.
  3. What to do in the event of a head injury or concussion.
  4. Were you injured in a crime of violence? If so, read our guide about claiming victim of crime compensation.
  5. Here is our guide specifically on accidental death claims.
  6. How to claim for serious hand injuries.

Thank you for reading our guide on serious injury claims.

Guide by AI

Publisher ET