How Are Mixed Injury Claims Calculated?

If you’ve suffered multiple injuries as a result of another’s negligence, you could potentially make a mixed injury claim. This article will look in more detail at claims for multiple injuries in road traffic accidents and workplace accidents. For this article, mixed injuries and multiple injuries are used interchangeably. 

mixed injury claim

A guide to making a mixed injury claim

On the roads and in the workplace, someone will have a duty of care towards you. On the roads, all road users are responsible for keeping others safe and adhering to the rules in The Highway Code. Recent changes to The Highway Code mean that the hierarchy of road users is different, with those more at risk of harm at the top. 

Your employer has a duty of care to take all reasonably practicable steps to keep you safe in the workplace. This could include routine risk assessments, providing training and ensuring all employees wear the necessary personal protective equipment (PPE). 

Keep reading to find out more about how a mixed injury claim could be made. If you want to speak to someone directly about a possible case, our advisors are available 24/7 to help you. They can offer free legal guidance and could pass you on to a solicitor from our channel if they think you have a good chance of success. 

Select A Section

  1. What Is A Mixed Injury Claim?
  2. Mixed Injury Road Traffic Accident Claims
  3. Mixed Injury Workplace Accident Claims
  4. How Are Multiple Injury Claims Calculated?
  5. How To Start A No Win No Fee Mixed Injury Claim

What Is A Mixed Injury Claim?

In some cases, you may have suffered more than one type of injury in an accident. For example, if you were in a car accident, you could suffer a broken knee and a head injury. You could potentially claim for both these injuries if a breach of duty of care caused them. 

Another example is if you are involved in a slip, trip or fall accident at work. You could suffer an elbow injury and a broken toe. You could potentially claim if you slipped, tripped, or fell due to your employer’s negligence.

It is important to note that mixed injury claims can only be valid if the injuries occurred from the same accident. You could make two independent personal injury claims if you were in two separate accidents due to a breach of duty of care. 

What Injuries Could Be Included In Mixed Injury Claims?

There are a variety of injuries that you could claim for in a mixed injury claim. Some common examples could include:

However, this list is not exhaustive. There could be other combinations of injuries that could be claimed for in a mixed injury claim. 

Mixed Injury Road Traffic Accident Claims

On the roads, all road users have a duty of care to behave in a way that keeps others safe. Recent changes in The Highway Code state that pedestrians are the most vulnerable in the event of a collision. 

If someone does not adhere to the rules of The Highway Code, they could cause an accident and harm someone. If you have been harmed in a road traffic accident, it’s possible you have sustained more than one type of injury. You could claim compensation for all injuries you have sustained. The value of your individual injuries will be evaluated and added to calculate the total compensation amount you could receive. 

For example, if you were a pedestrian hit by a car, you could potentially sustain brain damage, fractured bones and laceration injuries, all of which you could claim for. 

Does The Whiplash Reform Programme Affect Mixed Injury Clams?

The Whiplash Reform Programme affects the way that some road traffic accident claims are made. Due to recent changes, if a road traffic accident injury is valued under £5,000, the claim must be made using an online portal. 

This could affect a mixed injury claim. If your injuries combined are valued under £5,000, you now need to make your claim using the Official Claims Service online portal. If you need to use the online portal, you will receive a set amount of compensation as laid out in the tariff in The Whiplash Injury Regulations 2021

However, this only applies if you are over the age of 18 and the driver or passenger of a car. Other road users, such as motorcyclists, pedestrians and cyclists, would still make a general personal injury claim even if their injuries are valued under £5,000. 

Mixed Injury Workplace Accident Claims

Under the Health and Safety at Work etc. Act 1974, employers have a duty of care to take appropriate steps to ensure employees’ safety. If an employer has not done this, it could lead to accidents and harm. 

If you have suffered multiple injuries in a workplace accident, you could potentially start a mixed injury claim. To make a valid personal injury claim, you would need to prove that a breach of duty of care caused your accident. As evidence, you could provide CCTV footage, medical records or photographs. 

The Health and Safety Executive (HSE) is Britain’s regulator for health and safety in the workplace. They give guidance for employers and employees about how to stay safe whilst at work. They also collect statistics on workplace accidents. From these statistics, we can see the most common types of accidents in the workplace. This list shows types of accidents in the order of most to least common:

  1. Slips, trips or falls on the same level
  2. Manual handling, lifting and carrying
  3. Struck by moving object
  4. Acts of violence
  5. Falls from height
  6. Strike against something stationary or fixed
  7. Contact with moving machinery
  8. Struck by moving vehicle
  9. Other

If you have been injured in multiple ways in an accident at work and could prove it was your employer’s fault, get in touch today to start your mixed injury claim. 

How Are Multiple Injury Claims Calculated?

This section includes a table of potential compensation amounts you could receive in a mixed injury claim. The figures shown in this table are for individual injuries, so the total value of your injuries would have to later be calculated. 

However, it is important to note that the figures shown are not a guarantee for your claim. They are calculated based on results from previous cases. Legal professionals use these figures from the Judicial College Guidelines to evaluate general damages in a claim. 

General damages is the compensation you receive for how your injuries have affected you and how they may continue to affect you.

Mental Anguish-£4,380A reduction in life expectancy and/or fear of impending death. This bracket may also cover when a young child experiences mental anguish for around 3 months.
AnkleVery Severe£46,980 to £65,420Tansmalleolar fracture with extensive soft tissue damage. The result will be deformity and a risk of amputation. Also, bilateral fractures that cause degeneration of the joints at a young age.
NeckMinor (ii)£2,300 to £4,080Where a full recovery is made within 3 months to a year. There may also be a short term exacerbation of pre-existing injuries.
Hand(f)Up to £34,480Severe finger fractures that lead to deformity, impairment of grip, reduced function and possible partial amputation.
ShoulderMinor (i)£4,080 to £7,410Soft tissue injury with an almost complete recovery in less than 2 years.
Nose(ii)£3,710 to £4,790Displaced fracture where recovery will be complete after surgery.
ElbowModerate/MinorUp to £11,820Simple fractures, tennis elbow syndrome or lacerations. There will be no permanent damage or impairment of function.
ArmAmputation (iii)£90,250 to £102,890Below-elbow amputation. There will be residual phantom pains.
ToeModerateUp to £9,010Relatively simple fractures or the exacerbation of a pre-existing condition or laceration injuries to one or more toes.
BrainModerately Severe£205,580 to £264,650Injury will have resulted in some serious disabilities. There will be a need for constant care and a substantial dependence on others. There may also be related physical disabilities, such as paralysis. Also a significant impact on intelligence and personality.

As part of the personal injury claims process, you would attend a medical assessment. A professional would assess your injuries and establish how they could affect your future. They’d create a report that your solicitor could use as evidence.

Being involved in an accident or injury could also mean you have to pay out of pocket for expenses you were not prepared for. You could claim these expenses back in special damages compensation. This could include:

  • Travel costs
  • Medical treatments not covered by the NHS
  • Property damage
  • Adaptions to the home, if needed
  • Independence supports, if needed
  • Loss of earnings

Depending on the severity of your injuries, your finances could continue to be affected in the future. If these losses can also be directly attributed to your accident, you could claim compensation for future losses, such as continued lost wages. 

How To Start A No Win No Fee Mixed Injury Claim

If you’ve suffered multiple injuries in an accident and want to make a mixed injury claim, it could be beneficial to have legal representation. However, you may have concerns about affording the fees of a solicitor. 

Our panel of solicitors offer their services on a No Win No Fee basis. Essentially, if your claim succeeds, your solicitor will take their payment from your compensation in the form of a success fee. This success fee is legally capped so that solicitors cannot charge over a certain small percentage of your payout. 

One of the key benefits of a No Win No Fee agreement is that your solicitor won’t require you to pay them at all if your claim fails. You also don’t need to worry about paying your solicitor upfront or during your claim. 

No Win No Fee agreements can be helpful if you are already struggling financially. If you would like to know more or are ready to start your mixed injury claim, get in touch with us. If you speak to one of our advisors, there is no obligation to start your claim with us straightaway. However, if you have a valid claim, they can pass you on to a solicitor from our panel to help you start your claim today. 

Further Claims Advice And Resources

We hope our guide on making a mixed injury claim has helped you. For further relevant resources, please see below. 

Careless Driving vs Dangerous Driving – This is our guide on the differences between careless and dangerous driving. 

Time Limits to Claim after an Accident – Find out how long you have after an accident to start a personal injury claim. 

Do you have to be an Employee to Claim for a Workplace Injury? – A detailed guide on who can make a claim after a workplace injury. 

Statutory Sick Pay – Learn how to claim SSP if you have had to take time off work. 

Road Traffic Act 1988 – This legislation outlines what counts as a driving offence. 

Find Physiotherapy Services – An NHS search bar for physiotherapy services near you.

Other personal injury claim guides

Should you need to ask any questions about making a mixed injury claim, get in touch today. 

Writer IR

Checked by HT