By Jo Anderson. Last Updated 12th December 2023. Suffering a serious injury in an accident can throw your entire world upside down. You may be unable to work, enjoy the things you used to do, and may have limited mobility. If the accident occurred through no fault of your own, you could claim compensation.
Our experienced solicitors have represented scores of people who have suffered serious and catastrophic injuries and have helped them get their lives back on track. We also offer a No Win No Fee service, which we explain below.
To speak with our team here at Accident Claims today about serious injury claims, please get in touch:
This guide provides vital information on serious injury claims. It takes you through whether you’re eligible to make a compensation claim, how long you have to do so, and examples of evidence you can use to support your case. Additionally, there’s information on how compensation for a serious injury is calculated.
Select A Section
- Eligibility Criteria For Serious Injury Claims
- How Long Do You Have To Claim For A Serious Injury?
- Proving Your Claim For Serious Injuries
- What Types Of Serious Injuries Can You Claim Compensation For?
- Examples Of Payouts For Serious Injuries
- Make A No Win No Fee Serious Injury Claim
For a serious injury claim to be valid, certain criteria must be met:
- A duty of care was owed by a third party, such as an employer, occupier or road user.
- There was a breach of the duty of care.
- You sustained a physical injury, psychological harm, or both as a result.
The three points above form the basis of negligence in serious injury claims. If you have evidence of third-party negligence, it may be possible for you to seek compensation for the harm you have experienced.
The following sections explore the legislation that sets out the duty of care for different third parties, as well as examples of how this could be breached leading to a serious accident.
Eligibility Criteria For Serious Road Accident Claims
All road users owe one another a duty of care. This means they must act in a way that prevents themselves or others from experiencing harm or damage. They can uphold this duty by adhering to the rules in the Highway Code and the Road Traffic Act 1988.
An example of how a road user could breach their duty of care and cause a road traffic accident could be if a driver does not stop at a red light. This could result in them driving into a crossroads and colliding with another vehicle. As a result, the driver of the other vehicle sustains paralysis and brain damage.
Eligibility Criteria For Serious Work Accident Claims
The Health and Safety at Work etc. Act 1974 states that employers must take all reasonably practicable steps to make sure their employees are safe from being injured at work. Some of the steps an employer can take to uphold their duty of care include conducting regular risk assessments and addressing any hazards that pose the risk of injury, as well as providing adequate training.
A breach of an employer’s duty of care could be the failure to ensure that machinery in a factory is regularly and adequately maintained so it is safe and fit for purpose. This could result in an employee sustaining a traumatic arm or leg amputation due to using faulty machinery in a factory accident.
Eligibility Criteria For Serious Public Accident Claims
Occupiers of public spaces owe a duty of care as stated in the Occupiers’ Liability Act 1957. They must take all reasonable steps to avoid injury to visitors to a public area who are using it for its intended purpose
An occupier could breach their duty of care by failing to signpost or clean up a spillage in a supermarket within a reasonable time frame. As a result, you could slip and fall and sustain a serious head injury and back injury as you land.
To discuss your specific case, and learn more about when you could be eligible to make a serious injury claim please contact an advisor at the number above.
Generally, you have 3 years to begin a personal injury claim from the date of the accident. This time limit can be found in The Limitation Act 1980. However, there can be exceptions made to the 3-year time limit. For example:
- If the injured person is a child, the time limit has a pause placed on it until the child’s 18th birthday. From this point, they will have three years to start the claiming process, provided one hasn’t already been made for them.
- If the injured person has a reduced mental capacity, the time limit has an indefinite pause placed on it. If they recover their mental capacity, they will have three years from the recovery date to start their own claim, as long as one hasn’t already been made on their behalf.
For both of these circumstances, an application could be made to the courts by a suitable adult to act as a litigation friend. A litigation friend could then make the claim on their behalf while the time limit is suspended.
If you would like to discuss the time limit for serious injury compensation claims, and the exceptions that could be made, call an advisor on the number above.
Evidence can help support your serious injury claim as it can show whether a breach of duty led to you sustaining harm. Depending on where you were injured, there may be different forms of evidence available to you. However, you can find a few examples in the list we’ve provided below:
- Video footage – You have the right to request CCTV footage if you appear in it. You could also gather footage from a personal device, such as a dash cam which could show the cause of a road traffic accident.
- Photographs – This can include pictures of your physical injuries, and the hazards that caused them.
- Your medical records – You can request these at any time. They could show the injury you sustained, and any treatment you required.
- Workplace accident book report – If you have an accident at work, you should fill out the accident book to have an official record of the accident and how it happened.
- Witness contact details – Your lawyer can then get in touch with them for a written statement.
- A written diary – This could contain details of your mental and physical pain and suffering after the accident.
You can find out more about the evidence you could gather by getting in touch with our advisors today. They can also assess your case and if they find it’s valid, could connect you with one of our serious injury solicitors who can take a hands-on approach in assisting with the gathering of evidence and building your case.
You could be eligible to make a compensation claim if you have suffered serious injuries due to a relevant third party breaching the duty of care they owed you. Some examples of serious injuries that you could potentially claim compensation for include:
- Brain injuries sustained due to a fall from a height at work or in a public place.
- Limb amputations, whether they are traumatically amputated from a road traffic accident or surgically amputated due to an accident in which the limb cannot be saved.
- Spinal cord injury. This could happen in a serious car crash or a fall from a height, for example. Back and neck injuries could lead to paralysis in some cases.
- Multiple injuries – In some cases, a combination of injuries could be sustained, which, when combined, cause significant pain and suffering, prolonged periods of treatment and a permanent impact on the person’s life. For example, you may suffer a serious neck injury and an amputation following a car crash.
If you would like to know whether you could make a serious injury compensation claim, please contact an advisor. They could assess your case to see if our serious injury claims solicitors could help you get the compensation you deserve.
Let’s take a look at how much compensation you could receive for serious injuries.
Personal injury settlements awarded in successful claims can comprise up to two heads of claim. The head of claim that compensates for the pain and suffering caused by your injuries is called general damages. When general damages are being calculated, legal professionals can use a publication called the Judicial College Guidelines (JCG) and medical evidence to assist them.
The JCG was last updated in 2022, and it’s comprised of figures based on past personal injury cases that were successful. We have included some of the guideline award brackets from the JCG in the following table.
However, you should only use them as a guide. This is because every claim is unique so settlements will vary depending on the unique circumstances of the case.
|Multiple Injuries – Serious – with associated financial costs.
|Up to £1,000,000+
|Several different kinds of injuries that are serious, as well as monetary expenses both past and future, such as loss of income.
|(a) Tetraplegia which is the paralysis of both arms and legs.
|£324,600 to £403,990
|(a) Both arms completely lost.
|£240,790 to £300,000
|(a) (i) Both legs lost.
|£240,790 to £282,010
|Brain – Moderately Severe
|(b) The person has a very serious cognitive or physical disability with substantial dependence on others and the requirement of constant care.
|£219,070 to £282,010
|Injuries Affecting Sight
|(b) Complete blindness.
|In the region of £268,720
|(a) Both feet amputated.
|£169,400 to £201,490
|(a) Both hands are lost, either effectively or totally.
|£140,660 to £201,490
|Back – Severe
|(a) (i) Spinal cord damage and damage to nerve roots. This leads to serious consequences, such as severe pain and disability.
|£91,090 to £160,980
|Loss Of Earnings
|Compensation can be sought under special damages to reimburse for any lost earnings caused by having to take time off work permanently or temporarily due to injuries.
|Up to £100,000 and above
Remember, the figures above relate to just general damage in serious injury compensation claims. Below, we look at other costs you can claim for.
What Else Can I Be Compensated For In A Serious Injury Claim?
There is a second head of claim called special damages. Special damages are to account for financial expenses and losses caused by your injuries. You will need evidence to prove these losses such as payslips and receipts, for example. We’ve included a few examples of the costs you could claim back under this head below:
- Loss of earnings, for both past and future losses. If you’ve suffered a serious injury, compensation can cover the earnings you’ve lost recovering. However, it can also cover financial losses that may arise in the future. For example, if you can no longer work because you’ve suffered a life-changing and catastrophic injury, you can claim for the money you would have earned but for the injury, plus your pension and any pay rises you would have received.
- The cost of walking aids and prosthetic.
- Medical expenses, including prescription costs, and the cost of physiotherapy.
- Additional care at home.
- Travel costs.
- The cost of adaptations to your home or vehicle.
To receive a tailored valuation of your serious injury claim, or to find out more about claiming compensation, reach out to our advisors today.
There are many advantages to making a serious injury claim with our personal injury solicitors. Not only can they assist with tasks such as gathering evidence, but they can also value your claim and answer any questions you may have at each stage of the claims process.
Furthermore, under the terms of this contract, a solicitor will take a success fee from your compensation if your claim is successful. If It fails, they don’t take this fee from you.
You can reach out for information and guidance on making a serious injury claim at any time that suits you. If our advisors find you have a valid claim, they could connect you with one of our No Win No Fee serious injury solicitors to begin working on your case.
To learn more:
Below, we’ve included some links that you may also find useful.
More of our guides:
- Read our helpful guide on the compensation payout for an amputation below the elbow that could be awarded in a successful personal injury claim.
- Learn about the process of claiming for serious eye injuries at work, and how much compensation could potentially be awarded.
- Find out about spinal accident claims, and the process involved in seeking compensation for your injury.
Information from other sources:
Thank you for reading our guide on serious injury claims. For any further guidance, please contact an advisor at the number above.