What Could Your Serious Injury Claim After A Car Accident Be Worth?

This guide looks at who could be eligible to make a serious injury claim after a car accident as well as the potential value of a compensation payout following a successful claim.

serious injury claim after a car accident

What Could Your Serious Injury Claim After A Car Accident Be Worth? 

You will also find information on the legislation that governs road users’ duty of care and some example scenarios that detail how car accidents can occur and what injuries could be sustained.

The penultimate section of this guide contains information on the type of No Win No Fee agreement our panel of solicitors can offer and all the benefits this can present to claimants. 

To talk to our advisors about the information provided in this guide or to get your potential claim assessed, you can use any of the contact details here:

Select A Section

  1. What Could Your Serious Injury Claim After A Car Accident Be Worth?
  2. Criteria To Make A Serious Injury Claim After A Car Accident
  3. Time Limits To Claim For A Serious Injury Caused By A Car Accident
  4. Key Evidence Supporting Serious Injury Claims
  5. How A No Win No Fee Solicitor Could Help You Make A Claim
  6. Guidance On Serious Injury Claims You Could Make

What Could Your Serious Injury Claim After A Car Accident Be Worth?

A compensation payout, if a claim is a success, can comprise of up to two different heads of claim. The physical and psychological impacts of the injuries sustained will be awarded under general damages.

Personal injury solicitors can look at any medical evidence in conjunction with the Judicial College Guidelines (JCG) in order to calculate the possible value of your injuries. The JCG publication contains guideline compensation amounts for various injuries. We have taken some of these figures and used them to create the below table. 

Since personal injury claims are assessed individually, it is important to note that this table has been provided for guidance purposes only. 

Compensation Table

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Injury Severity Notes Amount
Multiple Serious Injuries Serious Cases involving multiple serious injuries alongside financial costs incurred from those injuries. Up to £1,000,000 and above
Brain Damage Moderately Severe (b) Very serious disabilities including limb paralysis and cognitive impairment. The injured person will need constant professional care. £219,070 to £282,010
Back Injuries Severe (a)(i) Severe injuries involving damage to the nerve roots and spinal cord giving rise to disabilities such as incomplete paralysis and significantly impaired bowel and bladder function. £91,090 to £160,980
Arm Amputation Loss of Both Arms (a) The injury reduces the person to a state of considerable helplessness. £240,790 to £300,000
Paralysis Injury Tetraplegia (a) Paralysis of the upper and lower body. £324,600 to £403,990
Special Damages Loss of Earnings A loss of earnings due to either permanent or temporary absence from work when recovering from injuries could be reimbursed via compensation awarded under special damages. Up to £100,000+

Special Damages In Road Traffic Claims

Special damages, the second head of claim, awards for the monetary losses incurred from your injuries. We have provided a non-exhaustive list below with some possible examples of costs you could be reimbursed for:

  • Any out-of-pocket medical costs, such as prescriptions.  
  • Past or future loss of earnings for time taken off work to recover from your injuries. 
  • Costs for travel to and from work if your injuries render you unable to drive.
  • The cost of in-home support for meal prep, cleaning or maintenance of outside space if you are unable to carry out these duties by yourself. 

Remember, to be awarded for costs under special damages, proof of your losses must be provided. Retain copies of any documentation, such as your payslips, invoices for care and tickets for public transport, as evidence of financial losses.

To get your specific circumstances assessed, and a better idea of what your serious injury claim after a car accident could potentially be worth, speak to our advisors. 

Criteria To Make A Serious Injury Claim After A Car Accident

In order to make a personal injury claim after a car accident, you will need to meet the following eligibility criteria:

  1. You were owed a duty of care when the accident occurred by another road user.
  2. That road user breached the duty they owed to you.
  3. This breach caused you to sustain an injury.

There is a collective duty of care amongst road users to one another to prevent the experience of harm or damage when using the roads. This means that road users must uphold the rules and regulations set out in the Highway Code and Road Traffic Act 1988. A failure to do so could lead to a car accident that results in serious injuries. For example:

  • A driver navigates their vehicle the wrong way down a one-way street, resulting in a head-on collision with another vehicle. As a result, the driver of the other vehicle sustained a serious head injury in the crash. 
  • The driver of a car did not adequately check their surroundings before quickly leaving a side road. They consequently collided with a cyclist. The cyclist was knocked from their bike and suffered serious injuries to both legs.
  • A van overtook a lorry on a duel carriageway. They failed to look before moving back into the left hand lane, colliding with a car. The driver of the car suffered a serious back injury when his car was pushed off the road. 

Split Liability Claims

You could make what is called a split liability claim if you are deemed to be partially at fault for the accident. The value of your compensation will be reduced in line with your percentage of fault for the car accident. 

For more information about when you could be eligible to make a serious injury claim after a car accident, and what you could do if you were partially liable, call our team on the number above.

Time Limits To Claim For A Serious Injury Caused By A Car Accident

The time limit for making a personal injury claim after a car accident is, in most cases, 3 years from the accident date as set out in the Limitation Act 1980. Exceptions to this can apply in certain circumstances, and an extension may be granted. For example:

  • For injured persons who are under the age of 18 at the time of the accident, the 3-year limitation period is frozen until their 18th birthday. It restarts from this point, giving them three years to start their own claim.
  • For injured persons who are of reduced mental capacity, the time limit is frozen indefinitely. In cases where the injured person recovers their capacity, the 3 years are counted from the date of recovery.

In both of these scenarios, a suitable adult can apply to act as a litigation friend and begin the claims process on the injured person’s behalf while the time limit is paused.

Our team can advise you as to whether any exceptions to the time limits apply to your particular claim. If you are unsure, contact us using the information above.

Key Evidence Supporting Serious Injury Claims

Evidence is key when making a serious injury claim after a car accident. Through evidence, you can show how the other road user failed to uphold their duty of care and caused you a serious injury. Examples of possible evidence you could gather are:

  • Photographs: Take photographs of the immediate scene, your injury or the cause of the accident.
  • Video footage: For example, you can request footage from CCTV cameras or a dash cam showing the accident taking place.
  • Witness statements: Acquire the contact information of any potential witnesses so they can give their statements as part of the claims process.
  • Medical records: Receiving medical treatment after an accident is always beneficial. Not only is getting proper medical attention important for your well-being, but you can acquire copies of your medical records to highlight the extent of the injuries you sustained.

To get assistance in acquiring evidence to support your claim, speak to one of our advisors. After your particular circumstances have been assessed, you could be connected with one of the solicitors from our panel. A solicitor can not only help you with the gathering of evidence but ensure your claim is made within the relevant time limit. 

How A No Win No Fee Solicitor Could Help You Make A Claim

Our advisors can assess your potential claim and take you through the next steps. They can then connect you with a personal injury solicitor off our panel if they think your claim is valid. The solicitor can then offer you a variation of a No Win No Fee contract called a Conditional Fee Agreement (CFA). 

As per the terms of the CFA, you will generally not be required to pay any upfront fees for the solicitor’s services nor any ongoing fees as your claim moves forward. You will also not have to pay the solicitor for the work they have completed on your case if it is unsuccessful.

Before the start of your claim, you and your solicitor will agree on a success fee, a percentage amount that is automatically taken from your compensation by your solicitor if your claim succeeds. The success fee percentage is subject to a cap by law. This means you will keep the majority of your compensation.

To talk to our advisors about the information provided in this guide or to get your potential claim assessed, you can use any of the contact details here:

Guidance On Serious Injury Claims You Could Make

For other serious injury claims

More resources

Thank you for reading this guide on when you could be eligible to make a serious injury claim after a car accident. Our advisors can answer any questions you may have and provide an assessment of your potential claim. Get in touch today using the contact provided above. 

Writer YK

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