This guide will discuss serious injury claim payouts. It will discuss when you can seek compensation for injuries suffered in an accident and what could feature in a settlement if your claim were to succeed.
As well as outlining the eligibility criteria and time limits for starting a personal injury compensation claim, the guide lists types of evidence that can support your case.
You can also learn more about the third parties in various spaces who owe you a duty of care, and the accidents and subsequent serious injuries that could occur if this duty is breached.
Finally, we will explain how the services of our serious injury claim solicitors could help you, and the No Win No Fee terms under which they offer to represent claims.
You can speak with our advisors about anything covered in our guide, and also anything to do with your potential serious injury claim. For free and effective advice, please:
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- Examples Of Serious Injury Claim Payouts
- When Could You Seek A Serious Injury Claim Payout?
- Time Limits For Serious Injury Claims
- How Do You Prove Your Claim For A Serious Injury?
- Talk To Us For Information On Serious Injury Claim Payouts
Serious injury claim payouts can be formed of up to two heads of loss:
- Special damages. This could compensate you for financial losses caused by your injuries. You could, for example, provide payslips to show a loss of earnings from being unable to work because of the harm you sustained.
- General damages. You can receive compensation for the physical pain and mental suffering endured because of your injuries. Different factors can be considered when calculating the value of your injuries, including the severity, future prognosis, and overall impact on your quality of life.
The table below displays figures from the Judicial College Guidelines, a document used by legal professionals alongside medical evidence to assist them when calculating injury values. It is important to note that this table should only be used as a guide, because settlements can differ for many reasons.
|Serious Injuries – More Than One
|Up to £1,000,000+
|An award for different types of serious injuries as well as financial costs, both past and future.
|Paralysis – Tetraplegia
|£324,600 to £403,990
|This involves the paralysis of both the arms and legs.
|Brain Damage – Moderately severe
|£219,070 to £282,010
|A very serious physical or cognitive disability that leaves the person in need of constant care.
|Leg – Amputation (ii)
|£201,490 to £270,100
|Both legs are amputated below the knee.
|Hand – The total or effective loss of both hands
|£140,660 to £201,490
|A serious injury resulting in extensive damage of both the hands. They are left little more than useless.
|Back – Severe (i)
|£91,090 to £160,980
|The affected person suffers damage to the spinal cord and nerve roots.
|Neck – Severe (i)
|In the region of £148,330
|A neck injury associated with incomplete paraplegia.
|Arm Amputation – Loss of one arm (i)
|Not less than £137,160
|One arm is amputated at the shoulder.
|Foot – Amputation
|£83,960 to £109,650
|One foot is amputated.
|Special Damages – Loss Of Earnings
|Up to £100,000 and above
|Compensation can be awarded under special damages to reimburse any lost income you incurred due to time taken off work, either temporarily or permanently, due to your injury.
To learn more about payouts for a serious injury claim, and how they are calculated, please contact an advisor on the number above.
To have valid grounds to begin a serious injury claim, the following needs to be proven:
- A third party owed you a duty of care;
- They breached their duty of care;
- The breach led to an accident which caused you physical and/or mental harm.
Employers, road users and those in control of public spaces are all third parties who owe a duty of care. Below, we have provided more details on the legislation they each need to adhere to, and how a failure to do so could lead to a serious accident.
Who Could Make A Work Accident Claim?
The duty of care for employers can be found in Section 2 of the Health and Safety at Work etc. Act 1974. It states employers need to take reasonably practicable steps to prevent employee harm. An employer breaching their duty of care could cause an employee to sustain harm in an accident at work.
For example, an employer in the agricultural industry does not train workers on using specific workplace equipment and provides no PPE. As a result, an employee’s arm is caught in the machine, and an amputation is required because of the damage caused.
Who Could Make A Road Accident Claim?
The Road Traffic Act 1988 and the Highway Code provide rules for road users to follow. They must follow these rules to uphold their duty of care, which is to navigate the roads in a manner that protects themselves and others. A failure to do so could result in a road traffic accident.
Eligibility Criteria For Serious Public Accident Claims
The Occupiers’ Liability Act 1957 states that the party in control of a public space must take all necessary steps to keep visitors reasonably safe. If they fail to do so, it could result in an accident in a public place that causes a serious injury.
For example, a shopping centre owner does not fix or close off a faulty escalator. When it breaks while carrying a customer down a floor, the customer is thrown forwards and suffers a head injury alongside multiple broken bones.
To discuss when you could be eligible to make a claim, call our team. An advisor can also provide further information relating to serious injury claim payouts, and how the different circumstances of your case could affect the compensation you receive.
You may be wondering how long you have to claim compensation for a serious injury. In line with the The Limitation Act 1980, a personal injury claim must commence within three years of the accident date.
With that being said, a small number of exceptions are possible. For one, the time limit is indefinitely paused for someone with a reduced mental capacity. The three-year limit would start from their recovery date if they regain the ability to claim. Otherwise, a court-appointed litigation friend can claim on their behalf while it’s paused.
A litigation friend can also claim on behalf of an injured party under the age of 18. For these claimants, the time limit is paused until they turn 18. If this does not happen, the injured person has from their 18th birthday until their 21st to start a claim.
Please contact our advisors for more information about time limits and the exceptions that could apply.
Your serious injury claim could be supported by one or more of the following pieces of evidence:
- Footage from CCTV or a dashcam that shows the incident.
- Photographs highlighting the immediate accident scene and any visible injuries.
- Medical evidence revealing the extent of your injuries.
- A diary charting your symptoms and treatment after the accident.
- An official record, such as a workplace accident book entry, or police report following a road traffic accident.
- Witness contact information.
One of the services our specialist personal injury solicitors provide is assisting in gathering and presenting evidence. In addition, they can value serious injury claim payouts, and ensure your settlement is calculated accurately based on the evidence provided. You can learn more about this by calling our advisors today.
You may benefit from working with one of our solicitors. They have extensive experience in representing serious injury claims and, if they take on your case, they could offer you their helpful services under a Conditional Fee Agreement (CFA).
A CFA is a No Win No Fee contract which means your solicitor will not request a payment for their work:
- During your case;
- If your claim fails.
If your case wins, they will collect a percentage of the compensation. They will speak to you about this percentage before the claim starts. Furthermore, The Conditional Fee Agreements Order 2013 applies a cap to the percentage that can be taken.
If you want to know more about payouts for a serious injury claim, or beginning legal proceedings with a solicitor, you can contact one of the advisors on our team. They can talk to you about your specific case, gather details, and assess the validity of your claim. A valid case could then be brought to the attention of one of our solicitors, who could help you seek compensation.
For more information, you can:
Here are some further guides that could help you:
- A guide on fatal accident compensation claims.
- Find out about making a public liability claim for a personal injury.
- Learn about applying for a personal injury claim interim payment.
These external resources may also prove useful:
- NHS – First aid.
- GOV.UK – Statutory sick pay.
- Health and Safety Executive – Managing risks in the workplace.
We hope this guide on serious injury claim payouts has helped. Please call or talk to us online if you have been seriously injured in an accident and want to discuss your chances of of a claim.
Guide by EM
Edited by MMI