Serious Injury Claim Lawyers | What Compensation Could You Get?
This guide forms part of our series on serious injury claims. In this article, we will look at when and how you could claim compensation with serious injury claim lawyers. You will also find an explanation of who owes a duty of care in different scenarios and how breaches of this duty can lead to serious injuries.
We have also provided information on the compensation that could be paid out after a successful claim.
Furthermore, we discuss the evidence that could be used to support your potential case.
The final section includes an overview of the No Win No Fee agreement our panel of lawyers could offer you provided your claim succeeds. We also provide an explanation of starting the claims process with a solicitor under these terms.
To get an assessment of your particular case or ask any questions you may have about starting a claim, you can speak to a member of our team using the contact details below:
- Call on 020 3870 4868
- Enquire about your claim online.
- See our live chat function at the bottom of this page.
Browse Our Guide
- What Compensation Could You Claim With Serious Injury Claim Lawyers?
- Who Could Claim With Serious Injury Claim Lawyers?
- Is There A Limitation Period On Injury Claims?
- How To Prove Your Claim For A Serious Injury
- Claim With No Win No Fee Serious Injury Lawyers
Upon the success of your serious injury claim, you will receive a personal injury compensation payout. This can comprise up to two heads of loss. The first, general damages, awards for the pain and suffering caused by your injuries. Serious injury claim lawyers can refer to the figures in the Judicial College Guidelines (JCG) alongside your medical documents to calculate the possible value of your injuries.
The JCG publication contains guideline award brackets for a variety of different injuries. We have used a number of these to create this compensation table. It should be noted that the figures in the JCG are guideline brackets, not guaranteed compensation for the injury. Personal injury claims are assessed individually therefore, this table is for guidance purposes only.
|Multiple Injuries Plus Special Damages||Severe||Multiple serious injuries, plus special damages for financial losses.||Up to £1,000,000+|
|Injuries Involving Paralysis||Tetraplegia (a)||Paralysis below the neck. Level of award dependent on age, life expectancy and the effect on the senses.||£324,600 to £403,990|
|Injuries Involving Paralysis||Paraplegia (b)||Paralysis below the waist. Level of award dependent on extent of pain, degree of independence, impact on sexual function and any psychological effects.||£219,070 to £284,260|
|Brain Injury||Very Severe (a)||Injuries resulting in very little meaningful environmental response or language function, and requiring full time nursing care.||£282,010 to £403,990|
|Neck Injury||Severe (a)(i)||Neck injury associated with permanent spastic quadriparesis or incomplete paraplegia.||In the region of £148,330|
|Back Injury||Severe (a)(i)||Damage to spinal cord and nerve roots leading to very serious consequences such as incomplete paralysis and significantly impaired bladder, bowel and sexual function.||£91,090 to £160,980|
|Hand Injury||Total or Effective Loss of One Hand (c)||This bracket includes the surgical amputation of the hand following a crush injury, or the traumatic amputation of all the fingers and most of the palm.||£96,160 to £109,650|
|Special Damages||Loss of Earnings||Loss of earnings can be reimbursed through compensation awarded under special damages following time taken off work either temporarily or permanently to recover from your injuries.||Up to £100,000 and above|
The second of the two heads of loss that may form part of your personal injury compensation settlement is known as special damages. Special damages can be awarded for any financial losses you incur as a result of your injuries. Some possible examples include:
- Loss of earnings: You could potentially claim back any wages you lost because of time taken off work to recover from your injuries.
- Travel expenses: You could claim for the costs of travel to and from work if your ability to drive is affected.
- Home adaptation costs: Such as a stairlift, access ramps or a shower rail that need to be installed to help you adjust to the life-changing impact of your injuries.
- Medical costs: Any out-of-pocket medical expenses such as prescriptions.
Remember to retain copies of your receipts, payslips, invoices or other documentation that shows you incurred financial losses as a result of your injuries.
For more information on personal injury settlements, please contact an advisor on the number above.
Serious injury claim lawyers could assist you with making a claim if it is valid and meets the eligibility requirements below:
- A third party owed you a duty of care at the time of the accident.
- That third party breached their duty.
- This breach was the cause of your injuries.
Below, we have provided an overview of the different third parties who owe you a duty of care, the legislation they need to adhere to, and the accidents that could occur if there is a failure to do so.
Types Of Serious Public Accidents
Under the Occupiers’ Liability Act 1957, the party in control of a public place owes a duty of care to take steps to ensure the reasonable safety of all visitors to that place. Public spaces can include bars and shops, museums, parks and the road network.
An example of a party in control of a public place breaching this duty and causing a serious injury can include:
- A leaking pipe in a museum has caused a water hazard. The hazard has been reported, but no steps to repair the pipe or clean up the water have been taken, and a wet floor sign has not been placed. A visitor slips and falls on the water, sustaining a serious brain injury.
Types Of Serious Road Accidents
There is a duty of care owed amongst road users to prevent one another from experiencing harm or damage while using the roads. This means adhering to the standards set out by the Highway Code and Road Traffic Act 1988.
The following scenario is an example of a driver breaching their duty of care and causing a serious injury:
- A driver who is under the influence of a controlled substance misjudges a bend and swerves onto the pavement, hitting a pedestrian. The pedestrian suffers a serious spine injury involving multiple fractures to their vertebrae, resulting in permanent incomplete paraplegia.
Types Of Serious Work Accidents
Per the Health and Safety at Work etc. Act 1974, there is a duty owed by employers to their employees in that they are required to take reasonable steps to ensure the safety of employees while at work. What this involves varies depending on the nature of the work, but it can include, for example, ensuring walkways are clear and free of obstructions and providing employees with clear and adequate training so they can perform their tasks safely.
An example of an employer failing to take reasonable steps to protect their employees would be:
- A worker was instructed to replace the roll in a pallet wrapping machine despite not having received the appropriate training to complete the task safely. Their fingers get caught in the conveyor, resulting in a severe hand injury, necessitating amputation.
The serious injury claim lawyers on our panel have experience assisting claimants seeking compensation for injuries sustained in a variety of different accidents. To find out whether they could help you, please call an advisor on the number above.
As well as meeting the eligibility criteria to start a personal injury claim, you must also make sure you are claiming within the relevant time limit. In most cases, personal injury claims are subject to a 3-year time limitation period, per the Limitation Act 1980. This usually starts from the date of the accident.
However, there can be exceptions that apply in certain circumstances. So, if the injured person iss under the age of 18, the time limit is paused until their 18th birthday. For injured persons who are of a reduced mental capacity, the time limit is suspended indefinitely.
An adult can apply to act as a litigation friend on the injured person’s behalf and start the claims process sooner in both of these scenarios. If this is not done for a child, they will have until they turn 21 to start their own claim. Also, if this is not done for a person with a reduced mental capacity, and they recover their capacity, they will have three years from the recovery date to start their own claim.
For more information on whether or not any exceptions apply to your particular claim, you can speak to one of our advisors. They can also assess your case and connect you with one of the serious injury claim lawyers from our panel if it’s valid. A lawyer can then ensure your claim is started within the relevant limitation period.
You should collect evidence in support of your claim. Evidence is not only important for showing how the accident occurred, but it can also demonstrate the fault of a third party. Some examples of evidence you could collect in support of your serious injury claim are:
- Video footage. You have the right to request any CCTV footage you are in. Similarly, you can request a copy of footage from a dash cam or other device after an accident.
- Medical evidence. After receiving medical treatment, you can acquire copies of your records, such as scans or test results.
- Official reports. For a workplace accident, you can access the report made in the workplace accident book. You could also acquire a police report after a road traffic accident.
If you would like support with acquiring evidence, you should speak to one of our advisors. If you have a valid claim, they could put you in touch with one of the serious injury claim lawyers from our panel who could assist you with the collection of evidence.
After our advisors have assessed the validity of your potential claim, they could connect you with one of the serious injury claim lawyers from our panel. They could offer a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). This means, generally speaking, there will be nothing to pay upfront or any ongoing fees during the claims process for the solicitor’s services. You will also not need to pay any fees if the claim is unsuccessful.
If your claim succeeds, you will receive personal injury compensation. The solicitor will take a pre-agreed percentage of this amount. This is a success fee. However, the percentage they can take is subject to a legally binding cap, which means the majority of the awarded compensation settlement goes to you.
To get an assessment of your particular case or ask any questions you may have about starting a claim, you can reach our team of advisors using the contact details below:
Learn More About Claiming For Serious Injuries
See more of our serious injury guides.
- Find how you could claim compensation following a serious accident at work.
- Read more about claiming for a serious head injury.
- Learn how much your sacral fracture claim could be worth.
Other useful resources.
- NHS – Advice on head injuries and concussions
- Health and Safety Executive (HSE) – Training and competence for work machinery.
- GOV – Report a problem with a pavement.
Thank you for reading our guide on when serious injury claim lawyers could help you. For any questions about anything in this guide, or to receive a free assessment of your potential claim, feel free to contact our team using the details above.
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