This guide will discuss how to make a serious injury claim after a car accident. You’ll find information on whether you’re eligible to proceed, how long you have to seek compensation for serious injuries, and the evidence you’ll need to support your claim for a car accident.
Additionally, we explore the duty of care placed on road users and how an accident could occur if this isn’t upheld, and the injuries that could be sustained as a result.
Serious injuries can have a lasting impact on your health and overall life, and if you’re eligible, you could receive compensation to address the ways your injuries have affected your life. Later on in this guide, we discuss how car injury claim amounts are calculated.
You can also find out more about the benefits of claiming with one of our No Win No Fee solicitors.
If you have any questions about making a serious injury claim, our advisors are available to help. You can get in touch with them on a 24/7 basis. To reach them, you can:
Select A Section
- Eligibility Criteria To Make A Serious Injury Claim After A Car Accident
- Car Accident Claim Time Limits
- What Evidence Is Needed For A Successful Car Accident Claim?
- Examples Of Payouts For A Serious Injury Claim After A Car Accident
- What Are No Win No Fee Serious Injury Claims?
- Discover More About How To Claim For A Serious Injury
In order to make a serious injury claim after a car accident, you must be able to prove you meet the following criteria:
- You were owed a duty of care – At the time of your injury, you need to have been owed a duty of care. All road users owe a duty of care to prevent harm or damage to themselves and others as they use the roads. This duty can be upheld by adhering to the rules in the Road Traffic Act 1988 and the Highway Code.
- There was a breach of the duty of care – For example, a road user failed to check their mirrors before changing lanes causing them to collide with another vehicle.
- The breach caused an accident in which you sustained harm – This can include physical or psychological injuries or both together.
The criteria above form the basis of negligence in claims for a personal injury. You could have valid grounds to claim compensation if you can prove that negligence happened.
Examples Of Car Accident Injuries
We’ve included a few illustrative scenarios below of how a car accident causing serious harm could occur:
- A driver may attempt to merge with your lane on the motorway, without first checking if it was safe to do so. They could collide with your car and cause an accident in which you suffer a broken spine with damage to the spinal cord.
- The driver could have been exceeding the speed limit. This could lead to them rear-ending you if they do not give themselves enough time or distance to brake at traffic lights. They could drive into the back of you, causing you to sustain a severe head injury.
- A driver may be overtaking on a country road, but without first checking if it is safe to do so. The result could be driving head-on into another vehicle. Occupants of both cars could sustain extreme organ damage, such as a punctured lung or ruptured spleen.
Get in touch to discuss your specific case and find out whether you’re eligible to make a personal injury claim.
When claiming personal injury compensation after a car accident, you need to be aware of how long you have to do so. Generally, you have 3 years from the date you were injured to begin the process. This time limit can be found in the Limitation Act 1980. However, there are exceptions:
- Those under the age of 18 – A pause is placed on the time limit for children until their 18th birthday. Child car accident claims can, however, be made on behalf of the child if a litigation friend is appointed to do so while the time limit is paused.
- Those who lack the mental capacity to claim – The time limit is suspended indefinitely for those with a reduced mental capacity. A litigation friend can be appointed to make the claim on behalf of the injured party while the limitation period is paused. If the injured party becomes capable of making their own claim, then the 3-year time limit would begin from the recovery date.
Get in touch if you want to know more about the time limits involved when making a serious injury claim after a car accident.
It’s important to gather evidence to support your claim as it can show that an accident in which you sustained harm occurred due to another driver breaching their duty of care. We’ve included a few examples below of the evidence you could collect.
- CCTV footage or footage from a dashcam may capture the cause of the accident and potentially who was liable. You can also take photographs of the scene of the accident and any physical injuries you sustain.
- Police report.
- Your medical records.
- Witness contact details so they can be contacted for a statement later on.
One of our solicitors, who has experience handling serious car accident claims, could assist you in building your case and helping you seek compensation. To find out more about the services they offer and whether you could be eligible to have them work on your case, please contact an advisor on the number above.
Following a successful serious car accident injury claim, you could receive a settlement comprising compensation for the pain and suffering caused by your injuries. This is awarded under general damages, one of the heads of claim that could be included in your payout.
When this amount is calculated, solicitors can use the Judicial College Guidelines (JCG) alongside your medical records to help them. The JCG contains a list of guideline compensation brackets for different injuries.
You can find some of the figures from this document in the table below. However, please only use them as a guide.
Figures From The JCG
|Multiple Serious Injuries
|Several injuries of a serious nature are compensated for, alongside the monetary expenses they caused.
|Up to £1,000,000+
|Quadriplegia/Tetraplegia – The paralysis of the upper and lower body.
|£324,600 to £403,990
|Very Severe – Full-time nursing care is required.
|£282,010 to £403,990
|Amputation – The loss of both of them.
|£240,790 to £300,000
|Established Grand Mal
|£102,000 to £150,110
|Established Petit Mal
|£54,830 to £131,370
|Compensation to reimburse lost income caused by time taken off work due to the injuries sustained.
|Up to £100,000 and above
You could also receive special damages in your settlement. This head of claim compensates for the costs and losses caused by your injuries. For example, you could be reimbursed for:
- The cost of property damage.
- Loss of earnings.
- Medical expenses.
- Travel costs.
Keep hold of receipts, payslips, and other forms of evidence that could prove any financial expenses.
For a free valuation of your potential serious injury claim after a car accident, please contact an advisor on the number above.
Our solicitors all operate under a Conditional Fee Agreement (CFA). This is a form of No Win No Fee deal. It means that you can access their services without paying any upfront or ongoing fees. Then, if your claim succeeds, your solicitor takes a success fee from your compensation. This is taken in the form of a legally capped percentage. They will not take this fee if your claim fails.
When working with one of our No Win No Fee solicitors on this basis, you could be offered services such as:
- Help and guidance throughout the claims process.
- Assistance when gathering evidence.
- Having them value your claim.
How To Contact Our Team
Our advisors are available 24/7 to help answer any questions you have about your potential serious injury claim after a car accident. They may also connect you with one of our experienced solicitors if they find you have valid grounds to proceed with your case. To learn more:
Follow the links below to find more resources you may find helpful.
More of our guides:
- Read our guide for further guidance on seeking personal injury compensation and how it’s calculated.
- Learn more about the process of making a road traffic accident claim and how a solicitor could help.
- Find out if you could make a serious brain injury claim and how much compensation could be awarded.
Information from other sources:
- NHS – When to call 999
- Metropolitan Police – When to report a car accident
- GOV.UK – Road accidents and safety statistics
If you have any other questions about making a serious injury claim after a car accident, please call an advisor on the number above.
Guide by DAB
Edited by MMI