Serious Injury Compensation Claims

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.

Claiming injury compensation with a solicitor

You can make a serious injury compensation claim with the help and support of a specialist solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will then identify who is legally responsible. Based on your injuries and the long-term impact they have had on your life, your solicitor will also work out how much money you can claim.

We can help you make a serious injury compensation claim on a No Win No Fee basis.

In this article

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 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.

How much compensation can I claim for an 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.

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 an 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 an 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 an injury will depend entirely on your specific circumstances.

Your 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 injury compensation

Calculating how much compensation you can claim for an 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 injury claim could be worth now:

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Calculator

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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, 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 more:

How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and 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.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 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 decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

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

No win, no fee, no risk

No win, no fee takes the risk out of making an 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 an 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 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 injury claim?

If your 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.

Can I get Legal Aid?

Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.

How we can help you

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
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

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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:

Claiming on behalf of another person.

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

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

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:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

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

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

Can I claim for an 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 injury compensation.

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

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

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?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Chris Salmon, Director

Author:
Chris Salmon, Director