Serious Injury Claim Payouts – What Could You Get?
This guide will examine serious injury claim payouts. It will discuss when you could be eligible to seek compensation, and how much could be awarded should a claim succeed. We also explore how settlements are calculated, including the factors that may be considered when valuing your claim.
Additionally, we will examine how certain parties owe a duty of care on the roads, at work and in public places and provide examples of serious injuries that could be sustained if there is a breach of this duty.
In the final section of this guide, we have provided a breakdown of the No Win No Fee contract offered by our panel of personal injury solicitors, and the advantages to you as a claimant of making your claim under these terms.
To get an assessment of your particular case or ask any questions you may have about starting a serious injury claim, you can reach our team of advisors using the contact details below:
Select A Section
- How To Calculate Serious Injury Claim Payouts
- Do I Have A Serious Injury Claim?
- How Long Do You Have To Claim Serious Injury Claim Payouts?
- How Do I Prove My Claim For A Serious Injury?
- Start Your Claim With A Serious Injury Claims Solicitor
If your claim is successful, you will be awarded a personal injury compensation settlement. The first head of claim that will be included in your settlement is known as general damages. General damages award compensation for the pain and suffering you experienced from your injuries.
In order to calculate the value of general damages in serious injury claim payouts, solicitors can refer to your medical documents alongside the figures in the Judicial College Guidelines (JCG).
The JCG is a publication detailing an array of different injuries and their guideline award brackets. We have used a selection of these to compile this compensation table. Since personal injury claims are calculated case-by-case, you should use these as a guide because they are not guaranteed payouts.
Table of Serious Injury Claim Payouts
Injury Severity Description Amount
Multiple Serious Injuries Severe Multiple serious injuries with special damages to compensate for financial losses. Up to £1,000,000+
Back Injury Severe (a) (i) The most severe back injuries involving damage to both the spinal cord and nerve roots resulting in severe pain and disability. £91,090 to £160,980
Leg Injuries Amputation (a)(iii) Above-knee amputation of one leg. The award will depend on factors such as the amputation level, the severity of any phantom pains, and any psychological problems. £104,830 to £137,470
Injuries to the Pelvis and Hips Severe (a) Extensive pelvic fractures involving, for example, dislocation of a low back joint and bladder rupture. £78,400 to £130,930
Foot Injuries Very Severe (c) Injuries such as traumatic amputation of the forefoot with significant risk of requiring full amputation and serious exacerbation of existing back problems. £83,960 to £109,650
Scarring Significant burns covering at least 40% of the body. Awards for significant burns are dependent on the percentage body area affected, the thickness of the burns, any resulting disabilities and any psychological impacts. Likely to exceed £104,830
Special Damages Loss of Earnings Your loss of earnings can be reimbursed as part of your settlement under special damages following either a temporary or permanent absence from work to recover from your injury. Up to £100,000 and above
Do Serious Injury Claim Payouts Include Special Damages?
Special damages is the second of the two heads of claim that could be included in your settlement. Special damages is awarded to compensate for the monetary losses incurred from your injuries. For example:
- Loss of earnings: You could claim back any pay you lost due to time taken off work to recover from your injuries.
- Domestic care: You could claim the costs of any in-home support, such as for cleaning and meal preparation, if you are unable to carry out these tasks yourself.
- Travel costs: You could be awarded your travel expenses if you are unable to drive to and from work.
Remember, claiming special damages requires evidence of the losses incurred. Be sure to retain copies of any documents (invoices, payslips, travel tickets) that show your financial losses.
For further guidance on serious injury claim payouts, please contact an advisor on the number above.
A serious injury claim could be started if you meet the relevant criteria. These are:
- At the time of the accident, a third party owed you a duty of care.
- That third party breached the duty they owed to you.
- That breach caused you to be injured, physically, emotionally, or both.
Below, we have provided an overview of the duty of care owed to you at work, on the road or in a public place.
Public Accident Claim Criteria
The party with control over a public space has a duty of care. This means they need to take steps to ensure visitors are reasonably safe, as set out in the Occupiers’ Liability Act 1957. A public place can include, for example, shops and bars, public parks and leisure facilities.
An example of a party in control of a public place breaching this duty and causing a serious injury can include:
- Despite a number of reports that a pavement had multiple loose paving slabs, the local council have failed to take measures to repair the damage, and warning signs had not been posted. As a result, a pedestrian tripped and fell on one of the loose slabs, sustaining a sacral fracture resulting in the control of the bladder and bowels being affected.
Work Accident Claim Criteria
Per the Health and Safety at Work etc. Act 1974, employers owe a duty of care to all employees in that they must take reasonable and practicable steps to ensure their safety at work.
Depending on the nature of the work, the obligations of employers can vary. However, to uphold their duty of care they can, for example, ensure all employees are correctly and adequately trained to carry out their work safely and ensure any known hazards are removed, or the risk they pose of injury is reduced.
An example of an employer failing to take reasonable steps to protect their employees would be:
- An employer had neglected to carry out maintenance work on a piece of machinery and instructed employees to use the machinery regardless. An employee was using the machine when it experienced a catastrophic failure. The employee suffered substantial burns resulting in significant disfigurement in a serious accident at work.
Road Traffic Accident Claim Criteria
Road users owe a duty of care when navigating the road network to prevent one another from experiencing harm or damage. This means adhering to the rules set out by the Road Traffic Act 1988 and the Highway Code.
The following scenario could be an example of a driver breaching their duty of care and causing a serious injury:
- A driver reversing out of their driveway failed to look around their vehicle before maneuvering. They collided with a cyclist who sustained a serious hip fracture and brain injury.
To discuss your specific case and find out when you could be eligible to seek compensation, call an advisor. They can also provide further guidance on serious injury claim payouts.
In order to claim for a serious injury, you need to start your claim within the relevant time limit, as per the Limitation Act 1980. In most cases, this imposes a 3-year limitation period for starting legal proceedings from the accident date. However, there are circumstances where exceptions to this can apply.
For example, if the injured person was a child when the accident occurred, the 3-year limit is paused until their 18th birthday. For injured persons of reduced mental capacity, the time limit is also paused, but indefinitely. If they recover their capacity, the 3 years commences from the date of recovery.
In both of these circumstances, an adult who meets the eligibility requirements can make an application to act as a litigation friend while the time limit is paused. In doing so, they can act on behalf of the injured party.
For more information on the time limit or if an exception applies to your specific claim, speak to an advisor. You can contact our team using the details above.
Evidence not only shows how an accident occurred but it can also show the third party breached their duty of care. The available evidence will vary depending on the type of accident you were involved in. Nevertheless, we have provided some possible examples of what you could gather below:
- Medical records: It is always advisable to seek medical attention after an accident. This is not only important for your health and well-being, but your medical records can be used as evidence.
- Workplace accident book: Employers with 10 or more employees are legally required to keep an accident book. You can request a copy of the report made regarding your accident.
- CCTV footage: You have the legal right to request copies of CCTV footage that you are in. This can be very useful for showing how an accident occurred and what caused it.
- Dashcam footage: Similarly as above, you can request copies of dashcam footage or footage from similar devices following road traffic accidents.
A solicitor from our panel could assist you in gathering evidence to support your claim. They can also value serious injury claim payouts. To find out whether you could be eligible to instruct a solicitor to provide their services, please contact an advisor on the number above.
After assessing your potential serious injury claim, they could connect you with one of the personal injury solicitors from our panel. The solicitor could then offer to take your claim under a type of No Win No Fee contract known as a Conditional Fee Agreement (CFA).
Pursuing your claim under a CFA has a number of benefits to claimants. In most cases, you will not be liable for any fees upfront or during the claims process for the solicitor’s services. You will likewise not have to pay any fees for their work if the claim fails.
A pre-agreed percentage of your compensation will be taken by the solicitor, partially as payment for the work done on your claim, if it succeeds. This is the success fee. The percentage taken as a success fee has a legal cap. Therefore, you will be able to keep most of your compensation payout.
Our team of advisors can provide more information on any of the topics covered in this guide. they can also provide a cost-free assessment of your potential claim. You can speak to a team member via the following;
Discover More About Claims For Serious Injuries
See more of our serious injury claims guides:
- Read more about starting a claim after a serious spine injury.
- Learn about the benefits of working with serious injury claims lawyers.
- Find out how much your serious head injury claim could be worth.
- Health and Safety Executive – Managing risks.
- NHS – When to call 999.
- GOV.UK – Road accidents and safety statistics.
We appreciate you taking the time to read our guide on serious injury claim payouts. Our advisors are available to provide further clarification on anything of which you’re unsure. You can speak to the team using the contact details above.
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