How Are Mixed Injury Claims Calculated?
By Mary Nora. Last Updated 15th November 2022. 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.
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
- What Is A Mixed Injury Claim?
- Mixed Injury Road Traffic Accident Claims
- Multiple Injury Accident at Work Claims
- How Are Multiple Injury Claims Calculated?
- How To Start A No Win No Fee 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.
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.
At work, your employer owes you a duty of care. They have a responsibility under the Health and Safety at Work etc. Act 1974 to provide you with a practically safe working environment. This applies to both:
- The area you are working in; your employer will have a responsibility to make sure the area you are working in is free of potential hazards. If they cannot make your place of work entirely safe, they should ensure that there are controls in place for any risks to your health that are present.
- The tasks they are assigning you; your employer will be responsible for ensuring that any task they assign you has been assessed for risks, and that there are provisions in place to help you avoid injuries or accidents, such as training.
An employer failing to adequately take these actions can be considered negligent. If you were to suffer an accident at work because of an employer’s negligence that leaves you with multiple injuries, then you could be able to seek compensation against them in a multiple injury claim.
Some examples of negligence are:
- Providing faulty or unsafe equipment
- Not performing required maintenance on a building
- Failing to provide proper training
If you suffered multiple injuries because of an employer’s negligence, please reach out to one of our advisers. They can give you more information about multiple injury claims and could help you get in touch with lawyers for accident claim from our panel.
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.
Injury Severity Amount Notes
Mental Anguish - £4,670 A 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.
Ankle Very Severe £50,060 to £69,700 Tansmalleolar 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.
Neck Minor (ii) £2,450 to
Where 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 £36,740 Severe finger fractures that lead to deformity, impairment of grip, reduced function and possible partial amputation.
Shoulder Minor (i) £4,350 to £7,890 Soft tissue injury with an almost complete recovery in less than 2 years.
Nose (ii) £3,950 to
Displaced fracture where recovery will be complete after surgery.
Elbow Moderate/Minor Up to £12,770 Simple fractures, tennis elbow syndrome or lacerations. There will be no permanent damage or impairment of function.
Arm Amputation (iii) £96,160 to £109,650
Below-elbow amputation. There will be residual phantom pains.
Toe Moderate Up to £9,600 Relatively simple fractures or the exacerbation of a pre-existing condition or laceration injuries to one or more toes.
Brain Moderately Severe £219,070 to £282,010
Injury 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.
Multiple Injury Compensation Calculator
If you’re eligible to claim for multiple injuries, you may want an idea of how much your claim may be worth. You may be wondering if there is a multiple injury compensation calculator you could use. However, though these can give you an estimate for your general damages, they may not be able to take all aspects of your case into account.
Legal professionals use the personal injury compensation guidelines for the UK from the JCG, as well as any specifics of your claim, as a guide to value general damages.
For example, the severity of your injury and the impact it has had on your quality of life will be considered.
However, the personal injury compensation guidelines for the UK in the JCG are not a set amount, as every case is assessed individually. If you contact our advisors, they will use the details you provide them to give a better guide on the worth of your multiple 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
- Medical Negligence Compensation Claims
- Dental Negligence Claims
- First Aid Negligence Compensation Claims
- What Could I Do If I Was Injured In An Accident?
Should you need to ask any questions about making a mixed injury claim, get in touch today.
Checked by HT