Suffering a serious injury can be profound and even fatal in some cases. If you or your loved one are navigating such a situation, you may be battling with a lot of fears about the future. You may be eligible to claim compensation if this serious injury occurred due to somebody else’s fault. In this guide, we explain who could be eligible to make serious injury claims.
We’ll explain what serious injuries are and the eligibility criteria to claim compensation. We will also provide information on how compensation is valued in a successful claim, and how you could make a claim. Finally, we will share how a personal injury solicitor from our panel could assist with your claim.
You can also contact our advisors to discuss your case and receive free advice. Our friendly team is available 24/7:
- Call 0800 073 8804
- Contact us through our online form.
- Speak to us directly through live chat.
Jump To A Section
- What Are Serious Injury Claims?
- Can I Make A Serious Injury Claim?
- Can A Claim Be Made On Behalf Of A Loved One?
- What Compensation Can Be Claimed For Serious Injuries?
- How Serious Injury Compensation Payouts Can Help You Or Your Family
- How To Make A Serious Injury Claim
- LegalExpert’s No Win No Fee Serious Injury Claims Solicitors
- More Information And Support For Serious Injury Claims
What Are Serious Injury Claims?
There is no particular definition for ‘serious’ injuries. However, we can understand them to be catastrophic injuries which have long-term and profound effects on the injured person. Therefore, serious injury claims are made when you seek compensation for the injuries which you suffer due to somebody else’s fault.
While there are many kinds of catastrophic injuries which you could suffer, we have provided some common examples below:
Brain And Head Injuries
A serious head injury could occur if you suffer a slip or fall at work or in a shop. This could lead to brain damage, which could cause disabilities or paralysis in extreme cases.
Spinal Cord Injuries
Back injuries may occur due to a fall from a ladder or in a car crash, for example. This could lead to spinal cord injuries, which could cause mobility issues and may even lead to paralysis.
Amputation Or Loss Of Limb
If you’re operating a machine without being provided with any training or protective equipment, you may lose an arm or leg. This could be a traumatic amputation, or you may suffer a serious injury that later requires a surgical amputation. An amputation could affect your day-to-day life and also cause you psychological distress.
Burns, Scars And Lacerations
If you’re sitting in a restaurant and a server spills a hot beverage on your arm, leaving you with a severe burn injury. On the other hand, if a dog owner fails to control their pet and the dog bites somebody, it could cause scars and lacerations on the skin. These could leave permanent scarring and cause you severe psychological distress.
Loss Of Eyesight
If you suffer from partial or total blindness due to eye injuries, this could affect your working and social life as well as cause you physical and emotional pain and suffering. You may lose your eyesight due to chemical splashing in your eyes at work due to not being provided personal protective equipment (PPE), or due to glass shards from a car windshield in a road traffic accident.
Fatal Accidents
In some unfortunate cases, a serious injury suffered in an accident may become fatal. For example, if a loved one suffered a serious brain injury and was placed in a coma but later died from these injuries.
If you have any questions about when serious injury claims could be made, you can contact our advisors.
Can I Make A Serious Injury Claim?
All serious injury claims need to meet the following eligibility requirements to qualify:
- Another party had a duty of care towards you.
- They committed a breach of this duty.
- You suffered a serious injury due to this breach.
A duty of care is a legal responsibility for your health and safety. Some examples of when you are owed one include:
- At work – Employers owe a duty of care under the Health and Safety at Work etc. Act 1974 to take reasonable actions to prevent their employees from coming to harm.
- On the roads – Everyone who uses the roads must do so in a safe and responsible manner to prevent causing harm. They must also adhere to the Road Traffic Act 1988 and the Highway Code.
- In public – Occupiers (those in control of public spaces) have a duty of care under the Occupiers’ Liability Act 1957 to ensure the reasonable safety of visitors to their premises.
To see whether you may have a valid claim, you can contact our advisors.
Can A Claim Be Made On Behalf Of A Loved One?
You can claim on behalf of a loved one but you need to be mindful of the time limit in your particular case.
According to the Limitation Act 1980, the time for serious injury claims is 3 years, running from the accident date.
You can make a serious injury claim on behalf of a loved one by becoming a litigation friend if they are:
- Below the age of 18. Since minors cannot make a claim, the time limit is frozen until their 21st birthday.
- Lacking the mental capacity to claim for themselves. There is an indefinite pause on the time limit, unless they regain this mental capacity and it will then run from this date.
Before appointing you as a litigation friend, the court will determine your suitability against the following criteria:
- There is no conflict of interest.
- You are capable of making fair and competent decisions.
Speak to us now for more information on how to claim for somebody else.
What Compensation Can Be Claimed For Serious Injuries?
In successful serious injury claims, compensation may include two heads:
- General Damages: This head is there to compensate you for the pain and suffering of your injuries.
- Special Damages: This head is there to compensate you for the financial losses caused by your injuries.
For general damages, reference may be made to the Judicial College Guidelines (JCG) when this head of your claim is being calculated. Various compensation guidelines are listed within this document for different severities of injuries.
The table below contains some of the JCG figures related to serious injuries. However, the top row isn’t from the JCG, and the table is meant only to provide guidance.
| Injury | Compensation Guidelines |
|---|---|
| Multiple Severe Injuries and Special Damages | Up to £1000,000+ |
| Brain Damage- Very Severe | £344,150 to £493,000 |
| Amputation Of Arms- Loss Of Both Arms | £293,850 to £366,100 |
| Paralysis- Paraplegia | £267,340 to £346,890 |
| Leg Amputations- Loss Of Both Legs | £293,850 to £344,150 |
| Injuries Affecting Sight- Total Blindness | In the region of £327,940 |
| Kidney Damage- Severe (a) | £206,730 to £256,780 |
| Scarring To Body Parts- Burns Covering At Least 40% Of The Body | Likely to exceed £127,930 |
| Back Injury- Severe (i) | £111,150 to £196,450 |
How Serious Injury Compensation Payouts Can Help You Or Your Family
Compensation could not only help you feel a sense of justice after suffering a serious injury that was not your fault, but it could also help return you to the financial position you were in prior to suffering your injury.
If you have suffered a serious injury, you may have suffered a variety of financial losses. You could be compensated for these losses under special damages as part of your claim.
Some examples of costs you could be compensated for include:
- Rehabilitation and medical costs.
- Loss of earnings in the present and future.
- Travel expenses to medical appointments.
- Care costs.
- Childcare costs.
- Paying for mobility aids and specialist equipment.
- The cost of adapting your home or vehicle.
Evidence will need to be provided for these financial losses. This could be in the form of bank statements, invoices and wage slips, for example.
Interim Payments To Help With Costs
An interim payment is when you receive a proportion of the due compensation in advance. You may apply for this payment if:
- The other party has accepted liability for your injuries.
- If your claim goes to court, there is a high chance of the claim being a success.
- You’re struggling to deal with payments which may arise while you’re waiting for the final settlement. For example, emergency medical care.
- The amount you’re seeking is less than the total compensation and is reasonable.
You can also use our compensation calculator or get help from our advisors in valuing your claim.
How To Make A Serious Injury Claim
Collecting evidence is an important step in making serious injury claims. You could make use of the following as proof in support of your claim:
- Medical records
- CCTV footage or dashcam footage of the accident
- Photographs of visible injuries or the accident site
- Contact details of eyewitnesses so they can be approached for a statement at a later date
- Personal records of the incident or diary entries
When Will A Serious Injury Settlement Be Paid?
There is no definite answer as to when you’ll receive your settlement. However, the time it will take depends on various factors, such as:
- Claim complexity
- Strength of evidence
- Extent of injuries
- Whether the other party accepts liability
- Negotiations for compensation
You can speak to our advisors for more information on the personal injury claims process.
LegalExpert’s No Win No Fee Serious Injury Claims Solicitors
You might be thinking that engaging a solicitor for your serious injury compensation claim is an expensive process. However, if you choose to make your claim with us, our No Win No Fee solicitors offer their services through a Conditional Fee Agreement (CFA). Under this agreement, you won’t have to pay your solicitor for their services:
- Upfront at the beginning of the claim.
- While your claim is pending.
- If you are unsuccessful.
In the event of a successful outcome, your solicitor will charge a success fee, which is a fixed percentage of your compensation. You need not worry about this percentage since there is a legal cap on it, and it will be discussed with you prior to the claiming process starting.
Contact Us
For more information on how our No Win No Fee solicitors could help with serious injury claims, including yours, contact us now:
- Call 0800 073 8804
- Contact us through our online form.
- Speak to us directly through live chat.
More Information And Support For Serious Injury Claims
You may also go through some of our other guides:
- Information on making abdominal injury claims.
- Details on blood clot compensation claims.
- Our guide on scooter accident claims.
Here are some external links for further information:
- Details on disability support from the government.
- Guidance from the NHS on cerebral palsy.
- See if you are eligible for statutory sick pay from the UK government.
Thank you for reading this guide on serious injury claims.
