Serious injury
compensation claims

If a serious injury has set you back, we'll help you move forward

If your life, or the life of a loved one, has been affected by a serious injury, we can help. If the injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.

You can make a No Win, No Fee serious injury compensation claim with the help and support of a specialist solicitor.

With nearly 30% of injuries being categorised as serious, you are not alone

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, 29,742 people were seriously injured or killed in road traffic accidents in 2022 (gov.uk).

In our recent 2023 Personal Injury Claimant Survey, 27.64% of respondents had a multi-track (serious) injury where the general damages estimate exceeded £25,000 (advice).

If you decide to make a serious injury claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

Am I entitled to make a serious injury claim?

In general, you can claim compensation if you were hurt:

• in the last 3 years, and;
• another person or organisation was to blame, and;
• they owed you duty of care.

Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

Can I make a claim even if I'm partly liable?

Pinpointing liability for an accident will depend on the context, with different legal principles applying to different circumstances.

In our 2024 Personal Injury Claimant Survey, 13.99% of respondents felt they were at least partly responsible for their accident or injuries.

Claiming compensation is still an option even if you were partly at fault. These contributory negligence cases are typically resolved with a split-liability agreement.

Read more:

Can I claim if I feel I was partly responsible for my accident?

How long do I have to claim serious injury compensation?

An injury claim will usually need to be made within 3 years of the date or your accident or injury.

If you were not immediately aware that you were harmed by someone else's negligence, the 3-year time limit runs from the date you were diagnosed and became aware of what caused your injury or illness.

For injured children, a claim can be started by a parent or guardian at any time before they turn 18. Thereafter, the injured individual has until their 21st birthday to make a claim on their own.

How much compensation can I claim for a serious injury?

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

• the seriousness 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

General damages

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

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

How is compensation calculated if I have multiple injuries?

Special damages

Special damages is compensation for quantifiable financial losses you've incurred as a result of your injury. Compensation can include loss of wages, commission and any other income income, and any additional expenses directly related to your injury.

These damages will also cover any medical or treatment bills, such as surgery, pain management, physical therapy and rehabilitation.

Read more:

A complete list of recoverable losses in a personal injury claim

Claiming compensation for psychological injuries

If you have experienced psychological issues in addition to physical symptoms, you are not alone.

Our 2024 Personal Injury Claimant Survey found that 29.03% of claimants reported a psychological injury, with 70.97% of these relating to a physical injury.

Serious injuries usually result in significant psychological trauma, including anxiety and depression, impacting life outlook and mental well-being. Post Tramatic Stress Disorder (PTSD) is common with serious accidents.

A specialist solicitor will consider psychological harm when calculating your compensation. Psychiatric injuries are recognised in the official guidelines for compensation, and the cost of treatment and other mental health support should be included in your compensation award or settlement.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

Who can make a compensation claim for a serious injury?

In order to claim for compensation, your injury must have occurred within the last 3 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 3 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.

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.

What happened?

The process for a serious injury claim depends the circumstances of the accident. To learn more, click the icons below:

Work accidents Public places Road accidents Medical negligence Other accidents

Citations

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.