Some injuries are not so easy to recover from. A serious injury can be a life-altering experience and completely transform the way you lived before. In the aftermath of a catastrophic injury, you might need to completely re-assess the way you live, work and care for loved ones. Perhaps the injuries were someone else’s fault? If you’re looking for information on serious injury claims, this guide can help.
In the sections below, we explain what are considered serious injuries and who might be eligible to launch a claim, either for themselves or a loved one.
We explain how compensation is calculated and what it can be awarded for. Also, we explore the types of evidence that can strengthen your claim after a serious injury. There are time limits to be aware of, and we will discuss those. The final section lays out how a No Win No Fee solicitor from our panel can help with eligible claims.
Read on to understand more. Or, if you’d like to access a free, no-obligation assessment of your claim now, you can:
- Contact us online.
- Ring us on 0800 408 7825.
- Speak to an advisor immediately through live chat.
Frequently Asked Questions
- What Classes As A Serious Injury?
- Can Serious Injury Claims Be Made?
- Can Claims Be Made On Behalf Of Somebody Else?
- How Much Compensation Could Be Paid For Serious Injury Claims?
- What If A Serious Personal Injury Has Left You Unable To Work?
- Claim For Help With Access To Medical Care And Rehabilitation
- What Evidence Is Needed To Make A Claim For Serious Injury Compensation?
- The Serious Injury Compensation Claims Time Limit
- Finding The Right Serious Injury Claims Solicitors
- More Information
What Classes As A Serious Injury?
A serious injury is typically classed as any form of harm that causes life-altering or permanent injury, as well as types of harm that entail a prolonged period of recovery in hospital, multiple surgeries or require long-term treatment. This can cover a wide range, and we explore some common types next:
Spinal Cord Injuries
The spinal cord is the central pathway for the body’s entire nervous system. Any form of harm at any point along the spine can create a serious and debilitating injury that might be permanent, such as a full or partial paralysis injury. In addition to this, expensive rehabilitation may be required for months or years afterwards to help the person regain mobility.
Brain Or Head Injuries
Head injuries, even mild ones, can be difficult to assess fully, and any impact on the brain or skull has the potential to create serious injury. Often, head injuries can result in the person needing professional care for the remainder of their life. The cost of 24-hour support after a brain injury might easily present a huge problem to the person or their family.
Amputation Or Loss Of Limb Injuries
The traumatic amputation of a limb radically alters the way a person lives and often requires them to re-adjust to life with physiotherapy and prosthetics. This might prevent them from working as they did before or necessitate alterations in their home or vehicle, such as needing wheelchair access. These costs can be formidable.
Major Trauma Injuries
Major trauma injuries can involve multiple types of harm, for example, after a serious car collision. The person could suffer both internal and external damage to the body, such as fractures, soft tissue lacerations and scarring. The accumulative effect of major trauma will impact them very significantly for the rest of their lives. In addition to this, they may require extensive surgery for internal organ damage, which creates further pain and suffering.
Loss Of Eyesight
Permanent loss of sight is a devastating type of injury. The need to completely alter the person’s life to accommodate blindness means that they may need to rely on help from others and endure an immediate halt to many of the activities previously taken for granted. The psychological impact of sudden, permanent blindness can be enormous.
Chronic Pain
Often, serious injury can mean the person suffers a prolonged period of chronic pain. This in itself can be a debilitating problem and give rise to other long-term problems such as painkiller reliance or abuse of alcohol. Trying to manage intolerable pain can prevent the person from living life on any level as they did prior to the accident and injury.
Your example of serious injury may be different, but if it was the result of others’ negligence, you could be owed compensation. If you’d like to chat about serious injury claims with our dedicated advisory team, please get in touch using the contact options below.
Can Serious Injury Claims Be Made?
The basis of a serious injury claim being made relies upon proving that others breached their duty of care to your safety. A duty of care applies in various areas of daily life, and this means others have a responsibility (within reason) to protect you from being harmed. This includes:
- The Health and Safety at Work etc Act 1974 (HASAWA) requires employers to take reasonable and proportionate steps to ensure the safety of employees as they perform their jobs.
- The Occupiers’ Liability Act 1957 requires those in control of areas open to the public to take reasonable steps to implement whatever measures are necessary to prevent visitors and the public from being harmed.
- While navigating the roads, all users must navigate in a safe and responsible manner. The Road Traffic Act 1988 and Highway Code are requirements that all road users must meet to fully comply with their duty of care.
With this in mind, a claim for serious injury can be made against others if you can demonstrate the following three essential criteria:
- A duty of care applied.
- Those responsible breached it.
- You can prove you suffered physical and/or psychological harm as a direct consequence.
Our team are on hand to offer useful information and guidance on the duty of care and whether your claim is eligible. Why not take advantage of the free case assessment now and get in touch?
Can Claims Be Made On Behalf Of Somebody Else?
Serious injury claims can be made on behalf of someone else if the courts allocate a litigation friend. This is usually a family member or concerned party who is appointed by the courts to manage the claims process for either minors or those who lack the mental capacity to claim. A litigation friend should make decisions about the claim that are in the person’s best interests and manage any funds that are awarded as guided by the Court Funds Office.
Ask the team about the role of litigation friends or ask live chat a question for an immediate answer.
How Much Compensation Could Be Paid For Serious Injury Claims?
Compensation amounts vary from case to case, and there is no set amount to be paid after a serious injury. Furthermore, serious injuries is a term that covers a wide range of injuries, both physical and psychological injury.
Our table below uses some Judicial College Guideline figures to illustrate how compensation could be awarded for serious injuries. The JCG provides guideline compensation figures for those who value personal injury claims. However, these figures are strictly suggestions and the first line isn’t from that source:
Guideline Brackets
| AREA OF HARM | SEVERITY | GUIDELINE BRACKETS |
|---|---|---|
| Multiple types of severe harm with Special Damages | Severe | Up to £10 million plus. |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 |
| Injuries affecting sight | (b) Total blindness | In the region of £327,940 |
| Back | (a) Severe (i) | £111,150 up to £196,450 |
| Chest | (a) Serious | £122,850 up to £183,190 |
| Neck | (a) Severe (i) | In the region of £181,020 |
| Amputation of arm | (b) Loss of one arm at the shoulder (i) | Not less than £167,380 |
| Leg | (iv) Below knee amputation of one leg | £119,570 up to £162,290 |
| Psychiatric Damage | (a) Severe | £66,920 up to £141,240 |
| Scarring | Burns covering 40% or more of the body | Likely to be more than £127,930 |
You might also factor in an amount for the financial harm caused, which could take the total much higher. For a more precise idea of what compensation can apply, it is advisable to consult a solicitor. Our advisory team can value your claim, considering both the injuries and any related financial harm for free. Additionally, if you satisfy the eligibility criteria, you could be connected to one of the solicitors from our panel.
What If A Serious Personal Injury Has Left You Unable To Work?
You could apply for special damages if a serious injury has left you unable to work. This category of compensation covers lost income, predicted loss of earnings and any other monetary impact after a serious injury. You will need documented evidence to claim special damages, and this can include the following:
- Wage slips show a reduction or loss in income because of serious injuries.
- Proof of any private medical care costs.
- Tickets and receipts for related travel.
- Proof of sums paid to others for domestic support.
- Proof of additional childcare arrangements.
Also, you may qualify for Statutory Sick Pay (SSP) from your employer of £118.75 per week for up to 28 weeks. Your employer may also offer sick pay entitlements, and you are still allowed to launch a claim for compensation alongside receipt of this.
If you’d like free guidance on what compensation you can claim or have any general questions about serious injury claims, please connect with the team.
Claim For Help With Access To Medical Care And Rehabilitation
You may be entitled to claim compensation for medical care and rehabilitation through interim payments. When it looks certain that a claim will be decided in your favour, small portions from the compensation can be awarded before a final settlement is made. These amounts are referred to as interim payments, and each request for money is decided on by the courts based on individual merit.
Interim payments are a useful way for a claimant to access some of their compensation for urgently needed issues such as medical treatment or rehabilitation. They can also allow the family to cope financially if the injured person is the main breadwinner.
If you need compensation immediately, speak to our team about interim payments. Or any aspect of the serious injury claims process.
What Evidence Is Needed To Make A Claim For Serious Injury Compensation?
You will need to present documented evidence that shows who breached their duty of care and that a level of injury was caused. With this in mind, we’ve listed some forms of evidence that can be useful to gather together:
- CCTV of the accident (or dash cam and helmet cam footage).
- Photos of visible injuries.
- The contact details of any witnesses. If you appoint a solicitor, they can obtain a supporting statement from these people without delaying the claim from moving ahead.
- If the accident happened at work, obtain a copy of any accident book kept in the workplace.
- Duplicates of medical records and specialist reports detailing the extent and severity of injury.
- Insurance information and contact details from the other driver if your injuries occurred in a road traffic accident.
Evidence like this can form a solid basis for serious injury claims. Furthermore, a solicitor from our panel could assist you in gathering and constructing this evidence. Call the team to see if you can place your claim in their hands.
The Serious Injury Compensation Claims Time Limit
There is a general three-year time limit for serious injury claims, as stated in the Limitation Act 1980. This usually commences from the date of the initial injury. Time limits can be altered for two groups of claimants:
- Minors aren’t allowed to launch a personal injury claim independently until they become 18 years of age. The three-year limit then begins from this date if the claim has not been started already by a litigation friend.
- A freeze on the time limit applies to claimants without the sufficient mental capacity to launch a claim themselves. If capacity returns, they have three years to initiate a claim from this date (unless a claim was launched for them).
For more information about whether your claim is within the time limits or if a claim can be started on behalf of someone else, call the team. Also, you can email a question or ask live chat anything for an immediate response.
Finding The Right Serious Injury Claims Solicitors
It’s important to find the right solicitor for you, and this needs to be someone who has expertise in serious injury claims. You’re free to manage the personal injury claim yourself. Using a solicitor is not a legal requirement. However, the knowledge and insights of our panel of solicitors could greatly improve the claim’s chances of success.
They offer a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Not every solicitor or law firm offers this option, but there are numerous advantages to the person looking for compensation after a serious injury. For instance:
- No solicitors fees are expected upfront.
- No fees apply as the claim moves forward.
- Claims that fail do not require payment of solicitors fees for finished services.
- Claims that settle in your favour require a nominal percentage amount to be paid from the compensation.
- This ‘success fee’ is something that can be agreed upon between you and your solicitor before starting work together.
- In addition to this, the success fee is capped at a legal limit. This ensures the person claiming is always the one who benefits from their compensation.
Furthermore, you can feel confident that your claim is being handled by experts who will fight tirelessly to secure the maximum possible settlement for you and diligently attend to all the court requests and communication along the way. Allowing you the opportunity to recover as best you can.
Contact Us
Interested? Get in touch with our advisory team to see how our panel of solicitors handle serious injury claims. They could do the same for you:
- Contact us online.
- Call 0800 408 7825.
- Speak to an advisor immediately through live chat.
More Information
In addition to information about serious injury claims in this guide, these other guides may be helpful:
- This guide looks at how to make a serious spine injury claim.
- Here is information on serious accident at work claims.
- Also, read about making a claim for blindness.
External help:
- This resource details when to call 999.
- You can read about checking your symptoms with the NHS.
- Lastly, find out more about reporting accidents and injuries at work here.
In conclusion, we greatly appreciate your interest in our serious injury claims guide. For any more information or free guidance on how our panel of serious injury solicitors might assist you, please get in touch.
