Serious Injury Claims | No Win No Fee
Serious injury claims could be possible when an accident due to third-party negligence causes damage so severe that the injured person experiences significant physical or mental harm. This guide will look at who is responsible for your safety in different places, as well as the eligibility criteria that establish your ability to claim personal injury compensation if you are hurt in an accident.
Later on, the guide will explain the time limit that applies to personal injury claims and also forms of evidence you could gather to help your case.
bb We will then offer some examples of what compensation for life-changing injuries could look like. Finally, this guide will conclude with guidance on the benefits of securing the services of a No Win No Fee solicitor from our panel if your claim is valid.
Our advisors can give you more information about personal injury claims and offer a free assessment of your case. To this end, you can learn more by:
Select A Section
- Serious Injury Claims Eligibility Criteria
- Serious Injury Claim Time Limits
- What Do You Need To Prove Serious Injury Claims?
- Estimated Serious Injury Claims Settlements
- How Do No Win No Fee Serious Injury Solicitors Work?
At work, on the road or in a public place, you are often owed a duty of care. This means that a third party has a responsibility towards your health and safety. It is fair to say that accidents can happen anywhere, and some are just that, accidents that could not have been avoided, however, if this duty of care is breached, causing an accident in which a person is injured, they could be eligible to make a personal injury claim.
Claimants can make serious injury claims if they meet the following criteria:
- A third party owed a duty of care;
- They breached this duty of care;
- This led to an accident and, subsequently, the physical and/or mental harm caused.
The nature of the third party and their duty of care differ depending on where the accident occurs.
Claim For A Serious Public Accident
Occupiers of public spaces could range from a local council to a business owner. The Occupiers’ Liability Act 1957 establishes a duty of care for occupiers to keep visitors reasonably safe on their premises. Injuries are a possible outcome if this duty of care is not met.
- Example: A supermarket does not signpost a wet floor that has just been cleaned. A visitor slips and falls on the floor, breaking their neck on impact.
Claim For A Serious Work Accident
The Health and Safety at Work etc. Act 1974 applies a duty of care to employers. Section 2 of the Act states that employers must take reasonably practicable steps to protect employees. Employers fulfil their duty of care by taking steps such as completing risk assessments or keeping equipment well maintained. If they do not, it could result in a serious accident at work.
- Example: An employer gives inadequate training on operating a pallet truck. As a result, an employee’s legs are crushed by falling pallets, necessitating amputation.
Claim For A Serious Road Accident
Road users need to follow the Highway Code and Road Traffic Act 1988 at all times. As well as providing key guidance, they feature numerous laws that must be obeyed. This is part of the road user’s duty of care. Road users must ensure that they navigate roads safely to prevent harm to themselves and others, if this is not abided with, accidents can occur that cause injury.
- Example: A pedestrian is struck by a drunk driver at a zebra crossing and suffers a traumatic brain injury.
You can call us any time for free and find out more about serious injury claims.
It is also important to consider the time limits for serious injury claims. Generally, the time limit to start a personal injury claim is three years from the accident date, as outlined by The Limitation Act 1980. Although this may be true for the majority of claims, the Act also acknowledges some exceptions.
For example, those who lack the mental capacity to pursue their own claim do not have a time limit. A litigation friend, someone who has the claimant’s best interests, can be court appointed to act on their behalf. If the claimant regains the mental capacity to pursue a claim and no claim has been started by a litigation friend, then the time limit will begin from the recovery date.
Similarly, a person under 18 years old has a suspended time limit until the date of their 18th birthday. However, again a litigation friend can be appointed to claim on the minor’s behalf while the time limit is suspended. If no claim is made during this time, the time limit will begin from the claimant’s 18th birthday.
If you have any questions about time limits and how they might apply to you, please do not hesitate to contact us through the contact information provided at the start of this guide.
Serious injury claims require evidence of a third party breaching their duty of care, how this caused an accident in which you were injured and the severity of this injury, so you may want to seek out proof such as:
- A copy of the entry logged in your workplace’s accident book if you had an accident at work.
- CCTV footage, or footage from a personal device like a dashcam.
- Witness contact details.
- Medical records, such as an X-ray.
- A diary charting your treatment and symptoms.
- Photographs highlighting the accident scene and additionally any visible injuries you suffered.
If you have a valid claim and choose to work with a personal injury solicitor from our panel, you could get support in gathering evidence and statements. Please give our advisors a call if you would like to know more.
Up to two heads of claim can form a personal injury settlement. Often, serious injury claims feature special damages, which aim to recoup present and forecasted financial losses and costs caused by injuries.
Special damages can cover:
- A loss of earnings if you are unable to work or take on contracts.
- Travel expenses brought about by injuries.
- Prescription charges or other necessary healthcare costs.
- Home and car adaptation costs.
- Care costs
- Rehabilitation costs
- Home nursing costs
Compensation for injuries will be awarded under the general damages head of claim.
We have created the below table showing guideline compensation brackets for general damages, focusing on various serious injuries. The figures come from the Judicial College Guidelines, a document used alongside medical evidence to value claims by legal professionals.
Please remember, though, that these figures are only a guide. Due to the many factors affecting a settlement, we cannot say what people would certainly be awarded in general damages.
|Multiple Serious Injuries||Serious||Up to £1,000,000+||Multiple serious injuries plus special damages which compensate for monetary losses such as a loss of earnings.|
|Injuries Involving Paralysis||Tetraplegia||£324,600 to £403,990||At the top end of the bracket will be cases where physical pain is present or where there is a significant effect on senses or ability to communicate|
|Brain And Head Injury||a) Very Severe||£282,010 to £403,990||Life expectancy and degree of insight are among contributory factors to the level of award offered in this bracket.|
|Injuries Affecting Sight||a) Total Blindness And Deafness||In the region of|
|Cases in this bracket sit among the most serious of injuries.|
|Amputation Of Arms||a) Loss Of Both Arms||£240,790 to £300,000||Such an injury would render a normally able person markedly helpless.|
|Leg||a) Amputation (i)||£240,790 to £282,010||The loss of both legs.|
|Hand||a) Total Or Effective Loss Of Both Hands||£140,660 to £201,490||The level of damage is extensive, thus leaving both hands in a near-useless state.|
|Back Injuries||a) Severe (i)||£91,090 to £160,980||There is severe nerve root and spinal cord damage, with especially serious results that are unusual for back injury cases.|
|Injuries To Internal Organs||Chest Injuries (a)||£100,670 to £150,110||This bracket encapsulates effects up to and including serious heart damage and/or one lung being totally removed.|
|Neck||a) Severe (i)||In the region of £148,330||This bracket features injuries linked to incomplete paraplegia and other especially serious ramifications.|
|Facial Disfigurement||(a) Very Severe Scarring||£29,780 to £97,330||Scars or burns which have a significant cosmetic and psychological impact on a young person.|
|Special Damages||Loss of Earnings||Up to and Over £100,000||Reimbursements or awarded compensation for financial losses caused by being unable to work.|
Serious injury claims can be complex and multidimensional. Having not only a solicitor but a solicitor that specialises in serious injury claims to support you and your case may be vital to ensuring that the case is filed correctly and in full.
If you are worried about funding a legal representative upfront, have you thought about instructing a serious injury claims solicitor on a No Win No Fee basis?
Our panel of solicitors all work on this basis under a Conditional Fee Agreement, a type of No Win No Fee arrangement. This means not having to pay for the service the solicitor provides:
- During your case
- If your case fails.
Should your case be a success, your solicitor will then collect a success fee. This percentage of the compensation is legally capped in accordance with the Conditional Fee Agreements Order 2013.
Our advisors are on hand to give you a free consultation and assessment of your case. Should you have grounds to seek compensation, you could be forwarded to our panel with the opportunity to start a No Win No Fee claim. To discuss this and anything else to do with serious injury claims, please simply:
Serious Injury Claim Resources
You could find these personal injury claim guides and external resources helpful alongside this guide.
- A closer look at car accident claims.
- A detailed guide on claiming for an accident in a public place.
- Information on claiming for a fatal accident.
- How to report a health and safety at work concern to the Health and Safety Executive (HSE.)
- Guidance from the NHS on requesting medical records.
- Government information on how to request CCTV footage.
Thank you for reading this guide on serious injury claims; please be sure to contact us with any questions.