How To Claim Compensation With Serious Injury Claim Lawyers

This is a guide discussing the ways in which serious injury claim lawyers can help you claim compensation. Our lawyers can offer assistance, such as helping you gather evidence to support your case, and ensuring it is put forward within the limitation period. You can find more information on how they can help you, and when you could be eligible to use their services, as you move through this guide. 

Lawyer working out a serious injury compensation claim

Additionally, we will examine the third parties that owe you a duty of care in certain places, and the legislation which sets out their responsibilities. Also, we provide examples of how an accident could lead to a serious injury if this duty is not upheld.

Furthermore, we review evidence that could help your claim and the compensation that may be awarded to you if your case wins.

Finally, you can find information on the No Win No Fee terms under which our lawyers could offer their services.

Our advisors can talk to you about serious injury compensation claims and put you through to an expert lawyer if your claim is valid. To find out more, get in touch by:

Select A Section

  1. When Could You Claim Compensation With Serious Injury Lawyers?
  2. Time Limits To Claim With Serious Injury Claim Lawyers
  3. What Evidence Is Needed For Severe Injury Claims?
  4. Examples Of Serious Injury Claim Payouts
  5. Get Expert Assistance From Serious Injury Claim Lawyers

When Could You Claim Compensation With Serious Injury Lawyers?

Serious injury claim lawyers could take on your case if it meets the eligibility criteria required for a personal injury claim. As such, you need to show that:

  • A third party owed you a duty of care;
  • They breached this duty; and
  • The breach led to an accident in which you suffered physical and/or mental harm.

Below, we look at the third parties who owe a duty of care at work, on the road, and in public, as well as how a serious accident or injury could occur if they breach this duty.

Can I Make A Road Traffic Accident Claim?

Road users must follow the rules set out by the Highway Code and the Road Traffic Act 1988. By doing so, they can meet their duty of care to navigate roads in a way that keeps one another safe from harm. An example of how a road user could breach their duty of care, and cause you harm includes:

  • A road user persistently drives too close behind another vehicle at a high speed. When the car in front stops for a red light, the car behind crashes into the rear. Due to the careless driving, the driver of the car ahead suffers serious spinal injuries.

Can I Make A Work Accident Claim?

Section 2 of the Health and Safety at Work etc. Act 1974 lays out a duty of care for employers, who must take all reasonable and practicable steps to ensure employee safety. Some of the steps they can take to uphold their duty includes maintaining equipment, implementing safety measures or remove hazards, and providing necessary personal protective equipment (PPE).

Should an employer breach their duty of care, it could lead to a workplace accident that causes an employee a serious injury. For example, a building site accident occurs involving an employee being instructed to use equipment without any training. As a result, they sustain a traumatic hand amputation after incorrectly using an electric saw.

Can I Make A Public Accident Claim?

The party in control of a public space must follow the duty of care set out by the Occupiers’ Liability Act 1957 by taking steps to keep visitors reasonably safe on the premises. An accident could ensue if someone in control of a public space does not uphold their duty. For example:

  • A member of the public trips over a broken paving stone that had been reported but not fixed, causing them to hit their head on the curb and sustain a severe brain injury.

Claims for road traffic accidents, accidents at work and incidents in public places are a few of the cases our serious injury claim lawyers could handle. To discuss your specific case and find out whether you could access their services, please call an advisor on the number above.

Time Limits To Claim With Serious Injury Claim Lawyers

Serious injury claim lawyers can ensure your case starts within the relevant limitation period. The Limitation Act 1980 states that a personal injury claim must be started within three years from the accident date. However, some exceptions can apply.

One exception is where the injured person lacks the mental capacity to start their own claim. The time limit is indefinitely paused in these instances, with an option for a court-appointed litigation friend to make the claim on their behalf during the pause. The three-year limit only starts on their recovery date if they recover their capacity to start their own claim and one has not already been made for them. 

Another exception is where the injured person is a child. In these instances, a pause applies to the time limit until the person turns 18. A litigation friend could make a claim on the child’s behalf during the pause period. If this isn’t done, the child will have three years from when they turn 18 to begin their own claim.

Please get in touch with our team of advisors if you want more information about how long you have to begin legal proceedings for your serious injury claim.

What Evidence Is Needed For Severe Injury Claims?

A case will have a better chance of success if you provide clear and relevant evidence to back up your claim. You could support your serious injury claim with the likes of:

  • Official records like a police report of a road traffic accident or a workplace accident book entry.
  • CCTV or dashcam footage of the incident.
  • Photographs showing the accident scene, plus any visible injuries sustained.
  • Medical records, which you can request during or after treatment.
  • A diary charting your treatment and symptoms post-accident.
  • Witness contact details.

Our serious injury claim lawyers can help put together and present evidence for your case. Please chat with our advisors to find out more about this and other services they provide.

Examples Of Serious Injury Claim Payouts

There are up to two heads of claim that can form a personal injury settlement. You could claim for financial losses caused by your injuries under special damages. For example:

  • A loss of earnings if you are unable to work due to your pain;
  • Home adaptation costs;
  • Mobility aid expenses;
  • The cost of travel made necessary by your injuries;
  • Medical costs, such as prescriptions.

You would be required to provide documents like receipts or bank statements to prove any monetary losses.

It’s important to note that you can only be awarded special damages if you’re also awarded general damages. This head of claim aims to compensate you for pain and suffering resulting from your injuries, both physical and psychological.

The below table provides guideline compensation brackets for various injuries from the Judicial College Guidelines (JCG). The JCG can help serious injury claim lawyers calculate the value of your injuries.

Please only use the table as a guide as it does not show guaranteed compensation amounts.

Compensation Table

Injury Compensation Notes
More Than One Serious Injury Up to £1,000,000+ Compensation for varying types of injuries of a serious nature, and financial losses.
Paralysis £324,600 to £403,990 Cases of tetraplegia, otherwise known as quadriplegia.
Brain Damage – Moderately Severe £219,070 to £282,010 Brain damage causes serious disability of a physical or a cognitive nature. The person requires constant care.
Leg Injury – Amputation (ii) £201,490 to £270,100 When the leg is amputated below the knee.
Injuries Affecting The Senses In the region of £268,720 Cases of complete blindness.
Back – Severe (i) £91,090 to £160,980 The most severe of back injuries, spinal cord and nerve root damage.
Neck – Severe (i) In the region of £148,330 A neck injury that is associated with incomplete paraplegia.
Arm Amputation (i) Not less than £137,160 The amputation of one arm above the shoulder.
Foot Injury – Very Severe £83,960 to £109,650 An injury causing permanent and severe pain, or a really serious disability.
Loss Of Earnings Up to £100,000 or above Compensation can be awarded to reimburse any lost income incurred due to time taken off work to recover from your injuries, either permanently or temporarily.

For more information on personal injury compensation settlements, please contact an advisor on the number above.

Get Expert Assistance From Serious Injury Claim Lawyers

Our experienced serious injury claim lawyers could help you in a variety of ways, including:

  • Collating evidence and building your case.
  • Valuing your claim.
  • Explaining any complex legal terms.
  • Keeping you updated on your case at each stage.
  • Ensuring your case is put forward in the limitation period.

They could offer these services nationwide under a No Win No Fee contract called a Conditional Fee Agreement if you have a valid claim. Typically, this would mean you don’t pay for your lawyer’s services upfront, during the case, or if the case loses.

Your lawyer would take a success fee if the case ends successfully and you’re awarded a settlement. The percentage of the compensation they collect will be pre-agreed and legally capped by The Conditional Fee Agreements Order 2013.

Talk To Our Serious Injury Claim Lawyers

Please speak to our advisors to learn more about the support serious injury claims lawyers can give you. With a free consultation and assessment, you can find out if you have a valid claim that one of our lawyers could take on. To discuss this further or even to get an answer to a question you have about serious injury claims, please:

Read More About Serious Injury Claims

We have even more guides, including a closer look at:

Also, you could find these resources handy:

Thank you for taking the time to read our guide. Please get in touch if you would like to learn more about the services our serious injury claim lawyers offer.

Guide by EM

Edited by MMI