No Win, No FeeA serious injury can have a massive impact on you and your loved ones. Injuries that require ongoing treatment, long hospital stays or stop you from working can be both time-consuming and costly. If you have suffered a serious injury because of someone else’s negligence, whether in a road accident, at work, or something else, you could claim compensation by filing a serious injury claim against the responsible party.
We believe it’s easier to take on a serious injury claim with specialist support. For that reason, we offer a free initial consultation so that you can discuss your options. There’s no obligation to claim with a personal injury solicitor from our panel but if your claim is strong enough, one might offer to take you on as a client on a No Win, No Fee basis.
Are you ready to begin a serious injury claim straight away? If so, call us now on 0800 652 1345. If you’d rather read more on how to claim serious injury compensation first, please continue reading.
Am I Entitled to Compensation for a Serious Injury?
If you ask a personal injury solicitor to help you claim for a serious injury, they’ll first want to check whether:
- The defendant in your case owed you a duty of care; and
- The defendant acted negligently in some way; and
- You sustained a serious injury as a consequence of that negligence.
The first thing your solicitor will need to do is to reach an agreement with the defendant over liability for the accident. Then they’ll need to prove the extent of your injuries – this can take a while with more serious injuries as your prognosis might not be immediately obvious.
Serious injury claims are some of the most complex cases taken on by a personal injury solicitor. It’s not just a matter of asking for a lump sum of money to be paid to settle the claim. Instead, your solicitor will need to look at your immediate needs (care, rehabilitation, transport, mobility aids etc) as well as what compensation you’ll need to help you in the future.
If you or a loved one has suffered as a result of someone else’s negligence and you believe that compensation should be paid, please call our team today.
Common Examples of Serious Injury Claims
While many different accidents can lead to serious injuries, common examples include:
- Road traffic accidents: High-speed collisions, motorcycle crashes, and accidents involving HGVs and cyclists.
- Pedestrian accidents: Being hit by a vehicle while walking or crossing the road can result in serious injuries, especially to children or elderly individuals.
- Workplace accidents: If an employee is crushed by falling items in warehouses, fell from a height or had an arm amputated by a faulty piece of machinery.
- Electrical injuries: Electrocution from exposed wiring or faulty or damaged electrical products can cause severe burns or cardiac issues.
- Criminal assaults: Incidents such as stabbings, shootings, and acid attacks. These are usually handled as criminal injury claims through the Criminal Injuries Compensation Authority (CICA).
- Birth injuries: If a doctor or midwife didn’t spot the baby was in distress or not receiving enough oxygen during childbirth, the baby or mother may suffer serious, avoidable harm.
- Slips, trips and falls: While often minor, these accidents can cause life-altering injuries, particularly for older or vulnerable people, when caused by hazards like wet floors, cracked pavements or broken handrails.
Again, these scenarios are just some examples of the types of accidents that our solicitors could help you claim for. If you or a loved one has suffered life-changing or complex injuries requiring extensive treatment, please call our team to see if we can help you start a serious injury compensation claim.
What Types of Serious Injuries Can I Claim For?
It is possible to seek compensation for multiple serious injuries caused by someone else. Some of the most common injuries that are claimed for include:
- Brain injury from a fractured skull.
- Limb amputations.
- Spinal cord injuries and paralysis.
- Loss of sight.
- Loss of hearing.
- Severe burns.
- Multiple or complex injuries.
- Serious childbirth injuries.
This is not an exhaustive list but gives some idea of the types of injuries that our specialist solicitors deal with. If you work with one of our specialist solicitors, they’ll work hard to secure compensation to cover your care needs, treatment and rehabilitation.
What Evidence Do I Need for a Serious Injury Compensation Claim?
A vital part of claiming compensation for serious injuries is proving that the defendant was liable for the accident. After that, you’ll need to prove the injuries you sustained and how badly they have and will affect you in the future. As such, your solicitor will work tirelessly to find the proof needed to support your claim. This could include:
- Medical records: Your initial hospital records will be requested to prove the initial diagnosis of your injuries. After that, independent medical reports will be obtained to get a full understanding of your prognosis.
- Video footage: CCTV, dashcam or mobile phone footage is a good way of proving exactly how the accident occurred and who caused it.
- Photographic proof: If anyone took pictures at the scene of the accident, these could be a helpful way of presenting the cause of the accident.
- Witness statements: If there’s any argument over liability for your accident or the severity of your injuries, your solicitor might use statements from anyone else who witnessed what happened.
- Accident investigation reports: Some serious accidents need to be investigated by the Health and Safety Executive (HSE) or the emergency services. These reports can help to understand the reason for the accident. Similarly, an accident report form could prove when and where your serious injuries were sustained.
- Financial information: There can be a significant financial impact on you or your family if you’ve suffered serious injuries. So, your solicitor might use wage slips, benefit statements, receipts and other financial records to help you claim back any out-of-pocket expenses.
The more proof that can be put forward to support a serious injury compensation claim, the better. If you’ve got any such information already, please let us know when you call us.
What Is the Time Limit to Make a Serious Injury Claim?
A 3-year time limit applies to serious injury claims. This typically starts from when the accident happened or from when you were aware of your injuries. However, some exceptions may apply when claiming for serious injuries such as:
- No time limit applies if the injured party lacks the mental capacity to deal with a personal injury claim. In these circumstances, the 3-year time limit will only begin if a doctor confirms that the claimant has regained their mental capacity.
- Claims for children don’t have an immediate time limit. As such, parents, guardians or responsible adults can claim on behalf of a child before their 18th A 3-year time limit will apply if no claim is made by then and the claimant has the mental capacity to take action for themselves.
Even if some time has passed since the accident, it’s worth calling to see how long you have left to lodge a serious injury claim. We’d suggest doing so as soon as possible to try and avoid missing out on any compensation you may be entitled to.
How Much Compensation for a Serious Injury Can I Claim?
Serious injuries can be extremely complex so you must think carefully about how your life has been affected. Firstly, you could claim damages for the pain and suffering your injuries have caused (general damages). Secondly, your claim for serious injuries could also recoup any financial losses caused by the injuries.
In essence, each case is unique but serious injury compensation could consist of elements covering:
- Physical pain, suffering and discomfort.
- Any psychological injuries including depression, Post-Traumatic Stress Disorder or anxiety.
- The expense of modifying your home or vehicle to simplify coping with any permanent disability.
- The cost of a full-time carer.
- Rehabilitation costs including surgery or regular physiotherapy.
- Travel-related expenses.
- Mobility aids including wheelchairs.
The value of any serious injury claim will be based largely on the severity and impact of your injuries. As such, a claimant with life-changing injuries such as a spinal cord injury resulting in tetraplegia should be paid more than someone with an amputated hand, for instance.
Can I Claim for Loss of Earnings Due to My Serious Injury?
Some serious injuries can leave you unable to work for weeks, months, or even permanently. As a result, a serious injury claim could include compensation for any income you’ve already lost. If your ability to work is affected long term, or if you can only return in a limited capacity, your claim may also cover future loss of earnings, career impact, and reduced earning potential.
Will I Need a Solicitor to Claim Serious Injury Compensation?
Given the complexity of serious injury claims, having a solicitor on your side is highly recommended. These types of cases can take time to settle because it’s often necessary to fully understand the long-term impact of the injuries (physically, emotionally, and financially) before negotiating a settlement.
For many, the thought of paying for legal representation can be off-putting but if you work with a solicitor on our panel:
- You won’t have to pay advance legal fees at any point during the serious injury claims process.
- If the claim doesn’t work out in your favour, you won’t pay any legal fees at all.
- Your solicitor will only be paid if the claim is won. In this scenario, a percentage of any compensation awarded will be deducted as a success fee.
So that your solicitor can start working on your claim quickly, they’ll send you a Conditional Fee Agreement (CFA) to sign. This contract will detail the level of success fee you’ll pay should you be compensated. Legally, it can’t be higher than 25 per cent of any settlement if a CFA is used to fund your solicitor’s work.
Once you’ve signed the CFA, your solicitor will begin working on your claim. They’ll start by collecting proof and medical reports to prove how you were injured and then contact the defendant to explain that you’re going to be claiming against them.
How Long Will a Serious Injury Claim Typically Take?
Serious injury claims can take much longer than straightforward claims. This is because it’s important to fully understand how your injuries will affect you long-term before agreeing to a settlement.
In some cases, interim payments may be available to help cover medical costs or lost income while your claim is ongoing. Your solicitor will keep you updated throughout the process.
Again, you’ll only pay for your solicitor’s work if the claim is successful. Before any settlement offer is made, it’ll be discussed with you to review its fairness.
Serious Injury Claims Frequently Asked Questions
Can I Make a Claim on Behalf of Someone Else?
In many cases, someone who has suffered serious injuries may not be in a position to claim compensation themselves. As such, the litigation friend process exists to facilitate your ability to claim compensation on behalf of your child or a loved one who lacks the mental capacity to take legal action.
Our solicitors can help with the application process and you can take control of the claim once you’ve been approved. As a litigation friend, you’ll instruct the solicitor with your loved one’s interests in mind. If compensation is secured, a court will manage the funds until the claimant turns 18 or until they regain their mental capacity. Until then, you can write to the court whenever funds are needed to support the claimant.
What if I Was Partly to Blame for My Serious Injury?
If you were partly to blame for your serious injury you could still receive a compensation payout. Crucially, however, your compensation would likely be reduced to reflect your share of the responsibility. For instance, if you were found to be 25% at fault, you could still receive 75% of the compensation. A solicitor from our panel can assess your case and help work out how liability might be shared.
Can I Claim for Ongoing Medical Costs Due to My Injury?
A serious injury claim should account for both your immediate medical needs and any long-term treatment or rehabilitation you’re likely to require. This could include costs for private physiotherapy, surgery, counselling, specialist equipment, or ongoing care. If private treatment offers faster or more suitable care than the NHS, those costs could be included in your compensation claim.
Start a Serious Injury Compensation Claim Today
We hope this guide has helped you understand your options when it comes to serious injury compensation claims. If you call 0800 652 1345 today, we’ll provide free legal advice about starting a claim.
There’s no obligation to go any further after your initial consultation but we could appoint a personal injury lawyer from our panel to help if you do wish to proceed. They’ll operate on a No Win, No Fee basis so, no matter how long the process takes, you’ll only pay their legal fees if compensation is awarded.
Please use live chat to connect with us if you have any further questions on serious injury claims, or claim your free consultation here.
