This guide will discuss when you could be eligible to begin a personal injury claim for a serious injury after a car accident. We look at the eligibility criteria that need to be met in order to have valid grounds to proceed and the evidence you could collect to strengthen your case.
Later, we provide an explanation of the duty of care that motorists owe to each other and how it could be breached.
You can also find a figurative case study that we have provided to help you understand the steps that can be taken to pursue personal injury compensation and how a solicitor could assist.
Furthermore, we look at how road traffic accident payouts are calculated and what they could comprise following a successful case.
To conclude, we examine the advantages of working with a No Win No Fee personal injury solicitor from our panel.
For further guidance on your potential serious injury claim, please contact an advisor. They can offer a free assessment of eligibility and refer valid cases to a solicitor from our the panel, should you want to have legal representation. Alternatively, they can answer any questions you have.
To reach an advisor, you can:
Select A Section
- Can You Claim For A Serious Injury After A Car Accident?
- When Could Driver Negligence Lead To A Serious Injury?
- Evidence That Could Help In A Claim For A Serious Injury After A Car Accident
- Case Study: £1.5 Million Payout For A Serious Injury
- How Much Road Traffic Accident Compensation Could You Receive?
- Why Make A No Win No Fee Serious Injury Claim?
- Read More About Claiming For Driver Negligence
Eligibility criteria apply to making a personal injury claim after a serious injury in a car accident.
Firstly, it begins by showing that a duty of care was owed to you by another road user. Road users’ duty of care is to operate their vehicles and navigate the roads safely in order to prevent themselves or other road users from experiencing harm or damage. They can uphold this by adhering to the rules and regulations outlined in the Road Traffic Act 1988 and Highway Code.
Secondly, the road user must have breached this duty of care. Finally, you must have experienced a physical and/or psychological injury as a result of the breach.
These points define negligence in tort law and need to be proven for a valid personal injury claim to be launched.
If you believe that you were owed a duty of care and that it was breached by another road user, get in touch. Our advisors can offer an on-the-spot case check with no obligation to proceed. If eligible, they could connect you with a serious injury lawyer from our panel to assist you.
Below are some examples of accidents that could be caused by negligence and for which you could have a solid starting point for a compensation claim:
- Another motorist could be looking at their mobile phone rather than giving the road their full attention. As a result, they might collide with your car at a high speed, causing you to sustain multiple spinal injuries.
- A road user who is speeding around a sharp bend could crash into you in a head-on collision, causing you to sustain a severe neck and head injury.
- Exiting junctions or roundabouts without proper care and attention can result in a side collision. This could lead to amputations or burn injuries.
- Intoxicated road users can jump red lights and hit you on your bicycle or motorbike. If it knocks you into on-coming traffic, you could suffer a spinal cord injury leading to paralysis.
If you would like to discuss the specific circumstances surrounding your serious injury after a car accident with our team, please get in touch on the contact details above.
You could gather evidence to support your claim for a serious injury after a car accident to help prove liability and demonstrate the injuries you experienced. As such, you could benefit from collecting:
- Dash cam and CCTV footage clearly showing the accident.
- Medical evidence, such as admission reports from A&E, doctor reports, copies of scans and of other test results.
- Photographs of the accident site and your injuries.
- Witness contact details.
A solicitor from our panel could assist you in collecting evidence to strengthen your case, if you have valid grounds to proceed and want legal representation. They could also ensure your claim is put forward within the personal injury claims time limit.
What Is The Time Limit In Serious Injury Claims?
The usual time limit for starting a personal injury claim is three years from the date of the accident. This is set out in the Limitation Act 1980. However, there are exceptions to this limitation period.
For more information on how long you have to begin a serious injury claim, please contact an advisor on the number above.
The case study below is figurative. It has been provided to help you understand the process of seeking serious injury compensation.
Mr.Stewart was travelling home late at night on the motorway when a large lorry in front of him veered into his lane and crashed into the side of him.
Mr.Stewart was left in a critical condition. He was taken to hospital and spent several weeks in intensive care before being told that he was permanently paralysed from the neck down. Feeling that his life-altering accident only happened because of sheer recklessness on the part of the other driver that night, he sought legal advice.
A solicitor helped him gather evidence, such as dash cam footage, medical records and witness contact details. Mr.Stewart was successful with his serious injury claim and was awarded a settlement of £1.5 million. The compensation awarded was to address the financial losses caused by the injuries, such as future care costs, lost income and the cost of home adaptations. It was also awarded to address the impact the injuries have had on his quality of life.
To discuss your specific case and find out how to make a claim for a serious injury after a car accident, please call an advisor on the number above.
Personal injury settlements awarded following a successful claim could include up to two heads of loss. The first, general damages are the primary head of claim, which aim to compensate for the pain and suffering of your injuries. This includes both physical and psychological injuries, or each by themselves.
When assigning a value to your injuries, there are different resources solicitors could use, including your medical evidence and the Judicial College Guidelines (JCG). The JCG contains guideline award brackets which match up to different types of injuries all varying in severity.
We have provided an excerpt of the JCG below. However, it is important to note that these amounts are merely guidelines.
|Up to £1 million +
|Compensation for multiple serious injuries and the financial losses they result in.
|£324,600 to £403,990
|Paralysis of the upper and lower body.
|£219,070 to £284,260
|Paralysis of the lower body.
|£282,010 to £403,990
|Full-time care is required.
|In the region of £148,330
|Incomplete paraplegia from associated neck injuries.
|Loss of One Arm (i)
|Not less than £137,160
|Cases where the arm is amputated at the shoulder.
|£91,090 to £160,980
|Damage to the nerve roots and spinal cord.
|Loss of Earnings
|Up to £100,000 +
|Compensation awarded under special damages can reimburse any income lost after you took time off work to recover from injuries.
Claiming For Financial Losses After A Serious Injury
Special damages are the second head of claim. This compensates for the financial losses caused by the injury. For example:
- Current and future loss of earnings.
- Medical costs.
- The cost of alterations to your home and to your car.
- The costs of a domestic carer to help you cook and clean and wash.
Evidence, such as wage slips, receipts, and invoices, could help prove any monetary expenses.
For more information on how car accident compensation payouts are calculated, please contact an advisor on the number above.
Under a No Win No Fee agreement, you could access the services of our panel of solicitors. They offer a particular type called a Conditional Fee Agreement (CFA) which typically mean no fees are required for the solicitor’s services upfront, as your claim proceeds, or if it has a failed outcome.
If the claim is a success, a legally restricted percentage is taken from your compensation. This represents a success fee for your solicitors. However, the legal cap ensures that you keep the majority of your settlement.
There is no legal reason that you cannot start a claim yourself. However, the input of skilled personal injury solicitors could help you understand the different stages of the claims process. If you wish to discover more about how a solicitor from our panel could help, please:
Read more of our guides on personal injury claims:
- Find out whether you could claim for public transport accidents.
- Learn how to claim for serious brain injury.
- Discover the process of making a serious hand injury claim.
Some external resources to help:
- An NHS guide discussing when to call 999.
- A government guide providing road accident and safety statistics.
- Information on road safety laws from Think!
Thank you for reading our guide on when you could be eligible to make a personal injury claim for a serious injury after a car accident. If you have any other questions, call our team using the contact details provided above.