Serious Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a serious injury we can help.

The purpose of this guide is to help anyone who has suffered a serious injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming serious injury compensation:

Introduction

The Courts recognise that serious injury can have a major, life-altering impact regardless of its cause or an individual's circumstances.

Under UK law, there is not a clear-cut definition of 'serious injury'. For the purposes of road traffic data, serious injuries are considered to be those that require the injured person to be treated in hospital as an 'in-patient'. According to Department of Transport data, over 27,000 people were seriously injured in road traffic accidents in 2019.

The Courts do not relay on a standard definition when making compensation awards, however. Awards and settlements are agreed based on the impact an injury has had on the life of the injured person and on their family.

Who can make a compensation claim for a serious injury?

In order to claim for compensation, your injury must have occurred within the last three years, as the result of the actions or negligence of someone else.

For the purposes of a compensation claim, the party responsible for your injury is referred to as the defendant or the 'other side'.

Time limits for serious injury compensation claims

It may be possible to claim for an injury or illness that was caused before the three-year limit, provided that you only became aware of it in the last three years. This 'date of discovery' is often the date that you receive your diagnosis.

For more information, you can discuss your circumstances on a confidential basis with a specialist solicitor. Contact Quittance on 0800 376 1001 for a no-obligation consultation.

To make a successful claim, it will need to be proven that, on the balance of probabilities, those responsible for your injuries owed you a duty of care.

Can compensation be claimed for a serious injury if both sides are partly responsible?

In circumstances where both sides are partly responsible for the claimant's injury, it may still be possible to claim compensation.

In these circumstances, the claimant is unlikely to get the same amount of compensation that they would have received if they were entirely blameless.

Compensation is awarded in proportion to the apportionment of responsibility. For example, if a Court determines that the claimant was 25% responsible for an accident or their injuries, the compensation they are awarded will be 25% less that it would have been otherwise.

Cases like this are often resolved with what are called 'split-liability agreements'.

How could a compensation award help you?

The essential principle of compensation is that it should try to put injured parties back in the position they would have been in if the accident or illness never happened.

Financial compensation can only ever go so far in respect of truly compensating a person in this situation, and the Courts recognise that this is particularly true in the case of serious injuries.

It recognition of the fact that serious injuries have a life-altering impact, a personal injury award or settlement will include compensation for:

  • pain, suffering and loss of amenity arising from your injuries
  • lost earnings if you have had to take time off work
  • future loss of earnings if you are unable to return to work
  • the cost of medical treatment and future care relating to your injuries
  • expenses such as travel costs to and from hospital

Loss of amenity includes loss or reduction of a claimant's mental or physical capacity to do the things he or she used to do before the injury. This can take into account hobbies such as no longer being able to play a musical instrument, go sailing or rock-climbing.

The assessment of an award in such situations is based on an objective view of the value of the loss of these amenities to the claimant.

Solicitors advice for serious injury claims

Before starting a claim for compensation, an expert injury lawyer can discuss your potential claim with you and will explain your options.

Quittance's solicitors understand the need to allow you to focus on your treatment and, where possible, your recovery. They will take care of the legal process accordingly and will advice you on every stage of the process.

Quittance's solicitors have assisted claimants receive compensation for serious injuries including:

  • broken arms and legs
  • head injuries
  • scars and burns
  • spinal injury
  • industrial disease, including mesothelioma, dermatitis and noise-induced deafness

Compensation is usually settled before formal legal action commences and there is rarely the need to go to Court.

How much compensation can I claim for a serious injury?

The amount of money you could claim for your serious injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your serious injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a serious injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a life-altering back injury can be £65,000

For a less severe arm injury, in isolation, you would typically receive £4,000.

However, if you have a life-altering back injury and a less severe arm injury, you would typically receive £65,000 + a reduced percentage of £4,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for a serious injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a serious injury will depend entirely on your specific circumstances.

Your serious injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

Calculate my serious injury compensation

Calculating how much compensation you can claim for a serious injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your serious injury claim could be worth now:

Calculate compensation

How long does a serious injury claim take?

The length of time needed to win compensation for a serious injury can vary considerably.

A straightforward liability accepted injury claim could be settled in a few weeks. If liability is denied, however, a compensation claim can take significantly longer. Usually, an injury claim will take 4 to 9 months. For more information on how long your claim could take, read: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your serious injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

What is the chance of a claim being successful?

The claim has a good chance of success if the other side has acknowledged that they are responsible for your injuries.

Where the other side has not admitted liability, or argues that you were partly to blame for your injuries, there may be a lower chance of success.

Regardless of whether liability is accepted, you should do what you can to strengthen your case. Your solicitor will advise on a recommended course of action, including advising that you could:

  • report the accident as appropriate (e.g. to your employer if you are injured at work)
  • make a record of the accident or cause of your injuries in as much detail as you can
  • take names and addresses or contact details of any witnesses
  • if applicable, take photographs of the scene of the accident

It is worth considering the above and doing everything you can to build a stronger case.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

No win, no fee, no risk

No win, no fee takes the risk out of making a serious injury claim. If your claim is unsuccessful, you won't have to pay your solicitor any legal fees.

Our no win, no fee guarantee

Our no win, no fee guarantee means there is no financial risk in making a serious injury claim - even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my serious injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my serious injury claim?

If your serious injury claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 376 1001 or arrange a callback:

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Serious injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a serious injury claim?

In general, you have a time limit of up to 3 years from the date of the serious injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your serious injury claim becomes 'statute barred'.

Can I claim for a serious injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim serious injury compensation.

In reality, there are a number of factors that can affect whether a serious injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Chris Salmon, Director

Author:
Chris Salmon, Director