If somebody has driven negligently and caused you to sustain serious car accident injuries, you may be eligible to pursue a claim against the driver. In this guide, we will cover everything you need to know, from what constitutes a serious injury, when you could have an eligible claim, and the different forms of compensation you could be awarded. We will also cover how to make a claim on behalf of a loved one, and how one of our No Win No Fee solicitors could help.
The Department for Transport released a figure that an estimated 29,537 people were killed or seriously injured in road collisions in the UK in 2024. Some of these statistics may have occurred unpredictably, and no one involved will be found liable. In other cases, individuals may have been found at fault due to reckless or dangerous driving, or simply due to a lack of concentration. If you fall victim to this kind of driver negligence, you can sustain a variety of serious injuries, such as a broken collarbone, facial scarring or even die in a fatal accident.
If you or someone you care about has sustained serious car accident injuries and you think someone else was to blame, reach out to one of our advisors today.
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- Give us a call on 0800 073 8804
- Contact us online
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Frequently Asked Questions
- Can A Claim Be Made For Serious Car Accident Injuries?
- What Is Considered A Serious Injury In A Car Accident?
- How Much Serious Road Accident Compensation Could Be Awarded?
- Is There A Time Limit To Starting Serious Car Accident Claims?
- The Most Common Causes For Serious Car Accidents
- What Do I Need To Start a Serious Injury Claim After A Car Accident?
- Will Me Or My Family Have To Go To Court As A Result Of A Claim?
- Claiming With A No Win No Fee Car Accident Solicitor
- Learn More
Can A Claim Be Made For Serious Car Accident Injuries?
Yes, a claim can be made in the event of you or a loved one suffering serious car accident injuries. However, certain eligibility criteria must be met in order for your claim to be valid.
- A road user owed you a duty of care
- They breached their duty of care towards you
- Because of this breach, you suffered a serious injury
All road users, including drivers, passengers, cyclists and pedestrians, have a duty of care to keep themselves and others safe by using the roads responsibly and complying with the Road Traffic Act 1988 and the Highway Code. This means that if someone using the roads breaks their duty of care and you or your loved one gets hurt as a result, you may be eligible to make a claim against that road user.
The Role Of A Litigation Friend
If it’s not you who gets hurt but a loved one, naturally, you would want them to pursue compensation if they sustained serious car accident injuries such as a broken leg. However, not everyone is able to pursue a claim independently, such as minors and those lacking the mental capacity to make their own decisions. This is when a trusted individual could be appointed as a litigation friend.
A litigation friend can typically be a family member, legal guardian or solicitor. The litigation friend will act in the best interests of the claimant and will handle representation, decision-making, and communication, so that the individual who has suffered serious car accident injuries and cannot claim, still receives fair compensation.
Can I Claim If A Loved One Has Died In A Car Accident?
If you have lost a loved one in a fatal car accident, you might be eligible to make a fatal accident claim under the Fatal Accidents Act 1976.
Under the Law Reform (Miscellaneous Provisions) Act 1934, only the estate of the deceased can file a claim within the first 6 months following the death.
The estate can claim for the pain and suffering of the deceased, any financial losses these fatal injuries caused, as well as the effect the death has had on the dependents. If the estate has not claimed on behalf of the dependents within the first 6 months after the death, this enables dependents to pursue their own claim for losses such as:
- Loss of consortium, also known as the loss of a special person or the loss of a relationship
- Loss of services, such as if the deceased was responsible for childcare
- Loss of dependency, e.g, loss of earnings
- Funeral costs
If you have lost a loved one due to serious car accident injuries and think you might have an eligible claim, contact us today so that we can support you.
What Is Considered A Serious Injury In A Car Accident?
Various types of injuries may be considered as a serious injury in a car accident. Some examples include:
- Spinal cord injuries
- Paralysis, such as tetraplegia or paraplegia
- Crush injuries
- Amputations, to the arms or legs
- Internal injuries
- Brain damage
If you have suffered any serious car accident injuries and believe it wasn’t your fault, phone one of our advisors so they can talk you through the next steps.
How Much Serious Road Accident Compensation Could Be Awarded?
How much serious road accident compensation that could be awarded will depend on the two heads of claim you could receive.
The first, which is always awarded in successful cases, is general damages. This head of claim covers any pain and suffering you have experienced because of your injury.
Those valuing your general damages could refer to the Judicial College Guidelines (JCG), which is a document containing guideline compensation brackets for various severitiees of injuries.
You will find below a wide range of serious injuries you could sustain in a car accident, coupled with their JCG compensation guideline figures. Please take note that the first figure in this table is not from the JCG.
| Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries with Special Damages | Severe | Up to £10 million+ |
| Paralysis | Tetraplegia | £396,140 to £493,000 |
| Brain & Head | Very Severe | £344,150 to £493,000 |
| Arms | Loss of Both Arms | £293,850 to £366,100 |
| Neck | Severe (i) | In the region of £181,020 |
| Legs | Above-Knee Amputation of One Leg | £127,930 to £167,760 |
| Pelvis & Hips | Severe (i) | £95,680 to £159,770 |
| Post Traumatic Stress Disorder | Severe | £73,050 to £122,850 |
| Facial Disfigurement | Significant Scarring | £11,120 to £36,720 |
| Skeletal | Multiple Fractures of Facial Bones | £18,180 to £29,220 |
The Factors That Contribute To The Final Compensation Amount
Various factors will contribute to the final compensation amount. When claiming for special damages, factors that will be taken into consideration include:
- The severity of the injuries suffered
- If more than one injury was suffered
- What treatment is needed
- The expected recovery period
As we are talking about serious car accident injuries, the likelihood is that due to the severity of injury, the compensation won’t be limited to just general damages. There is a second head of claim known as special damages, which is awarded when the claimant has sustained financial losses as a direct result of the injury. This can look like, but is not limited to:
- Rehabilitation costs
- Travel costs
- Adaptations to property
- Loss of earnings
- Future loss of wages
- Medical costs
- Childcare expenses
- Any mobility equipment needed
If you have suffered serious car accident injuries and believe you have a claim and might be eligible for special damages, you would need to provide evidence of financial loss. A few examples of documented costs might be:
- Medical bills
- Receipts for travel expenses
- Payslips demonstrating loss of earnings
Wrapping your head around what damages you might be eligible for can be overwhelming. Contact us online or by phone so we can guide you through it.
Is There A Time Limit To Starting Serious Car Accident Claims?
Yes, you will need to make a car accident claim within a 3-year window, as per the Limitation Act 1980. Typically, the timer starts on the date you sustained your serious car accident injuries, for you to file a claim with a personal injury solicitor. If you don’t make a claim within the 3-year time limit, your right to claim will be time-barred.
With that being said, the legislation acknowledges that certain individuals may not be able to claim within the 3-year window and, consequently, highlights exceptions:
- An adult who lacks the mental capacity to claim, the timer will only start if the individual regains capacity
- A child who is under the age of 18 and is unable to make a claim; the time limit will begin from their 18th birthday
If you know an adult who lacks the mental capacity to file a claim independently, for example, an individual who has suffered a brain injury, call us today so we can help.
The Most Common Causes For Serious Car Accidents
There are many reasons why serious car accidents occur, some common causes could include:
- Failing to look properly: A driver fails to look before attempting to overtake a car, causing a head-on collision with another vehicle travelling the opposite way. This caused them to suffer a traumatic brain injury.
- Not paying attention to the road: A driver is distracted by their phone while driving and doesn’t notice a zebra crossing. A pedestrian is hit by the driver and suffers internal injuries.
- Dangerous driving: A drunk driver with limited coordination crashes near a school entrance and pins a child to the school gate. The child sustains crush injuries.
If you believe another driver caused your serious car accident injuries, get in contact with us so we can tell you whether you may have a valid compensation claim.
What Do I Need To Start A Serious Injury Claim After A Car Accident?
In order to start a serious injury claim after a car accident, the most important thing you can do is build a wall of evidence demonstrating that the defendant was at fault.
Evidence can take various forms; however, here are a few examples below:
- CCTV or dashcam footage
- Photographs of damage to vehicles
- Medical evidence
- The contact information of any eyewitnesses
- A police reference number
- Registration numbers and contact details of everyone involved
If you would like help gathering evidence, give us a call, and we will provide you with expert advice on how to secure the best possible proof for your claim.
Will Me Or My Family Have To Go To Court As A Result Of A Claim?
Not necessarily, however, some claims can’t be settled outside of court due to:
- Disagreement on liability
- Disagreement on general or special damages
- The defendant is unresponsive or denies being at fault
- The claim is particularly complicated, or the injuries are significant
- The claimant is a minor or an adult who lacks mental capacity
- The time limit is fast approaching, and court proceedings need to be issued
These are just a few examples as to why intervention from a judge might be necessary in order to ensure that the claim is handled correctly.
Claiming With A No Win No Fee Car Accident Solicitor
At Legal Expert, we are expertly equipped to handle claims for serious car accident injuries. Our solicitors are backed by years of experience in road traffic accident claims and are committed to getting you the highest compensation possible. We are dedicated to helping you secure a winning claim by providing you with a robust range of services. We can:
- Assess how strong your claim is
- Collect evidence such as police reports, medical records, and witness statements.
- Represent you in negotiations
- Represent you in court proceedings
- Explain how everything works, including your rights and potential outcomes to your claim
- Provide you with different funding options
- Gain access to medical treatment which might not be available on the NHS
- Break down how your compensation will be calculated
Our No Win No Fee solicitors will provide you with a Conditional Fee Agreement or CFA. This contract gives you access to several benefits:
- You won’t be charged a fee for the solicitor’s services if your case loses
- You won’t have to pay any upfront solicitor service costs
- You won’t have to pay for the solicitor’s services while your claim is ongoing
- If your claim wins, you will pay a success fee. This is paid to your solicitor out of your compensation as a legally limited percentage
Contact Legal Expert
Hopefully, you are now more informed about claiming for serious car accident injuries. However, if you still have unanswered questions, please don’t hesitate to contact us through one of the following methods so that we can assist you further. We are here to help you get the compensation you deserve.
Contact Us
- Phone us on 0800 073 8804
- Contact us online
- Speak to us using our live chat
Learn More
Some more guides by us:
- Here you will find a guide about amputation compensation and how to claim.
- If your injury has been caused by someone close to you, read our guide about friends and family injury claims.
- Read our guide on drunk driving offences.
Some additional reading:
- Here you will find in-depth information about the symptoms of whiplash from the NHS.
- If you’re in need of mental health support after a traumatic injury, read this from GOV.UK about coping with trauma.
- Read up on some informative road stats from THINK!
Thank you for taking the time to read our guide on caliming for serious car accident injuries.
