How Much Compensation Can I Claim For A Serious Injury?
By Michael Patrick. Last Updated 30th March 2021. Welcome to our guide where we shall be discussing serious injury compensation claims. Accidents are unexpected. When they result in a serious injury, they can have a considerable impact on your life. Serious injuries, also known as catastrophic injuries, can be devastating. For most people, figuring out the next step after an accident causing serious damage can be stressful and confusing.
If you have been the victim of an accident that wasn’t your fault, and have suffered a serious injury as a result, you may consider making a claim. If that is the case, then we will be able to help you through the serious injury claims process.
We’ve put together this guide which will explain the options you have available. If you have suffered a serious injury, then you may be due compensation. With the aid of this guide, you can determine whether you may have a claim or not, and receive a rough idea of how much you might be entitled to in damages. You can also call us on 0800 073 8804. Alternatively, read on to find out more.
Select a section:
- A guide to serious injury accident claims.
- What is a serious injury?
- What to do if you are involved in an accident causing a serious injury?
- Claiming compensation for an injury at work.
- Claiming compensation for an injury in a public place.
- Judging the severity of a serious injury.
- How to begin a serious injury accident compensation claim.
- What can be claimed for after an accident causing an injury?
- How much compensation will I get for an accident causing an injury? (Updated March 2021)
- No win no fee serious injury claims.
- Why choose us as your claims service for a serious injury claim?
- Call for free advice and to start a claim.
- Serious injury compensation FAQs
If something were to happen to you and you needed a serious injury lawyer, or needed to understand just how serious injury claims work, we are here to provide all the necessary information you could require. As serious injury solicitors, we’ll be able to help you assess whether you have a valid reason to claim damages following an accident causing a serious injury.
Within this brief guide, we will explain why it takes something more than a simple web-based injury compensation calculator to assess whether a) you have a valid claim and b) how much you could potentially receive in damages.
This guide is designed to walk you through the complicated process of making a serious injury claim. We realise that when a horrific accident occurs, it is a traumatic event. So, we have presented the critical facts about serious injury compensation claims within this guide, so that you can educate yourself before contacting us for further help.
When you have decided that you are ready to speak to a serious injury lawyer, use the contact details at the bottom of this guide, and we will be prepared to represent you and help you through the process of claiming for a serious injury, with a very high chance of receiving the maximum damages possible. We are one of the most experienced firms of serious injury solicitors in the UK. We can offer you much better advice than an on-line injury compensation calculator; you just need to give us a call.
A serious injury would be an injury that has been incurred with an associated risk of death, severe physical pain, lengthy unconsciousness, disfigurement, loss of limb, organ or mental ability. Put simply, any injury which is serious enough to have a long-term impact on the quality of life of the victim.
For some people who have been the victim of an accident causing a serious injury, the first thing they may know about it is when they wake up in the hospital. This makes it very difficult to gather first-hand information about just what happened leading up to, during and after the accident.
However, this kind of information is required as supporting evidence for serious injury claims. The more information you can give your serious injury lawyers, the better the chances of winning your case will be. So below we have given five steps for you to take, that will help you provide the kind of information you solicitors will need if you have suffered a serious injury.
- Step 1 – make sure that all aspects of your injury have been thoroughly documented. The hospital which treated you will already have all of the physical details of your injury. Yet these details will seldom include the opinions of the doctors who have treated you, and how they see your injury. Once you are recovered enough, you should ask your doctors about how the injury will likely affect your life, and how long it will take to recover, as well as any specific medical complications that could arise further down the road. Ask them to put these opinions into writing, and include them in your medical records. This is an important step; for example, serious head injury symptoms may not fully come to light for many months or even years.
- Step 2 – try to find out if there were any witnesses to the accident. The best way to do this is to contact the police if the accident occurred in a public place. It is very likely that the police took statements from witnesses to the accident, and they are allowed to share the witness details with you. If the accident did not occur in a public place, then it likely happened at work. This means there are probably co-workers who witnessed the injury, and their statements should have been recorded in the company accident book for you to review.
- Step 3 – spend some time documenting what you know about the accident. Many serious injury victims find they cannot remember events leading up to and during the accident. This is one of the body’s defence mechanisms, protecting the victim from psychological trauma by blocking the memories of the event. Over time, these memories come back, and after a few days, people are able to remember most details. Be sure to write these details down each time you remember a fresh one.
- Step 4 – document the financial effects that the accident has had on your life. This will include out of pocket expenses such as medical and travel costs. It will also include loss of earnings if you have been unable to attend work for some time.
- Step 5 – make contact with a serious injury solicitor. They will be able to take everything you have done in the previous 4 steps and turn it into a solid case for claiming damages against the party that is liable for the accident taking place.
These are some of the most logical actions that a person can take following an accident that results in a serious injury. We cannot stress enough that preparation is essential in these cases. The combination of what will likely be a very high compensation claim, alongside the victims own fragmented recollection of the incident, means that preparation is the key to success.
Work-related accidents are common. And in the case of some jobs or tasks, exposure to serious injury risk is relatively high. A person working in a warehouse, or spends a large portion of their day lifting heavy items, is at an increased risk of a serious back injury. And in some cases, such as that of certain types of professional athletes, health issues such as a serious knee injury are an expected by-product of their profession at some stage in their career.
So, it is essential to understand that in almost every situation, no matter how the accident occurred, there will be a viable reason to sue the employer for damages for a severe work-related injury. Many reasons exist as to the reason why an employer will be liable in a serious accident case, and these can include:
- Failure to comply with health and safety regulations – every business, no matter the size, is required to operate within certain regulatory guidelines with regard to the health and safety of both members of the public and employees, whilst on a company-operated site. If your serious accident is a direct result of a health and safety compliance failure, such as an unmarked wet floor, or hazards left blocking a public place, you will have a reason to make a serious injury compensation claim.
- Inadequate on-site medical facilities – this relates to both tangible facilities such as making sure that proper first aid equipment is freely accessible, and also intangible considerations such as ensuring that enough staff have first aid training (a requirement by law).
These serious injury examples are the most common reasons that an employee may have a valid reason to claim compensation following an accident causing a serious injury in the workplace. There are more, and we recommend you contact us so we can discuss just how your employer might be liable for your accident.
Read on to find out more about serious injury claims following accidents on the road, read on. Or you can call our team for free legal advice.
Serious Cycle Accident Injury Claims
Cycle accidents involving another motor vehicle such as a lorry, car, bus or coach, are often the most serious road traffic accidents of all. As a cyclist, you will have limited protection, and the severity of the injuries that can be caused in a cycling accident can be extreme.
We can offer a free local medical examination to judge the severity of your cycling accident injuries so that we can go ahead and seek the highest serious injury compensation claim we can on your behalf.
Motorcycle Accident Injury Claims
In a similar fashion to cycle accidents explained above, motorcycle accidents can lead to very severe injuries. The combination of limited protection and potentially very high speeds means that the likelihood of serious injury, or even death, is much higher for a motorcyclist involved in a road traffic accident.
If you have sustained life-changing injuries due to a serious motorcycle accident, we can help you claim not only for the pain and suffering the injury has caused, but also for the cost of your ongoing rehabilitation.
Car Accident Injury Claims
Car on car accidents are one of the most common types of accidents in the UK. The Health and Safety Executive (HSE) state that there were 153,158 road traffic accidents of all severities in 2019. Fortunately, a very high percentage of these are trivial, causing little or no injury to the driver or passengers. However, serious injury as a result of a car accident is still the most frequent type of serious injury compensation claims we process. For instance, the HSE stated that there were 25,945 serious injuries in 2019. The graph below shows that, although the rate of serious injuries resulting from car accidents has been on the decline, it is now declining less slowly than before 2010.
We have years of expertise in dealing with serious injury claims following car accidents, and we can make sure that you receive the most compensation possible for both the driver and the passengers involved in a serious road traffic accident.
Injury Through Medical Negligence
Of all the ways that a serious injury can be incurred, a medical error, causing an injury through medical negligence, is probably the weightiest type of claim we take on.
Serious injuries that have been caused by medical negligence carry very heavy consequences not only for the victim but also for the medical practitioner who caused the serious injury. Therefore, these medical negligence compensation claims are amongst the most complex we handle. You will need the help of an expert medical negligence solicitor to have the best chance of winning your serious injury compensation claim.
Cerebral Palsy & Birth Injury Claims
Despite the fact that modern medical techniques have made childbirth a much less traumatic experience for both the mother and child, the sad fact is, that birth injuries do occur, and in some cases, they can result in serious conditions such as cerebral palsy.
Cerebral palsy is predominantly caused be either a) a badly developed brain (size, shape etc.) or b) damage to the major nerves leading to and from the brain. Both of these conditions can be caused by birth injuries. And in some cases, these birth injuries may have been down to medical negligence. We can help parents of a child suffering from cerebral palsy to claim the compensation they are entitled too.
To find out more about serious injury claims made after an accident in a public place, please read on. Alternatively, get in touch with us today for free legal advice.
Accidents can happen anywhere, and due to an incredibly wide range of interrelated causes. Yet when an accident occurs in a public place, then it is very likely that somebody is responsible for ensuring the accident could not occur in the first place, resulting in serious injury claims. Some of the reasons for claiming serious injury compensation for an accident in a public place include:
- Accidents that occur due to inadequate staffing levels, or inadequate supervision of the general public – for example, if an accident occurs because no company employees that operate the publicly accessible premises were available to quickly clean up a liquid spill, causing a publicly accessible walkway to become dangerous.
- Accidents that occur due to inadequate staff training – for example, a member of staff-allow a member of the public to lift a heavy item on to a trade counter, causing a serious injury. This is contra to health and safety regulations. The member of staff should have requested the assistance of a co-worker, not a member of the public.
These are just two examples of how an accident causing a serious injury can occur in a public place. Contact us to discuss your unique situation so that we can assist you further.
Some injuries, such as a serious head injury causing brain damage, have the inherent side-effect of causing a significant drop in the victim’s quality of life. These side-effects and other factors are used to judge just how severe a serious injury is. And of course, the severity of the injury is a major factor in deciding how much compensation will be awarded. Brain injury compensation can be over a million pounds. Contributing factors that are used to judge the severity of an injury include:
- The level of physical pain suffered – this includes just how much pain the injury caused, and
for how long the pain lasted or is likely to last.
- Loss of ability to function – if the injury means that the sufferer cannot function at maximum capacity, this will be factored into the compensation claim. For example, losing the ability to use an arm will mean that a person will have problems cleaning themselves, dressing, feeding themselves, and carrying out everyday tasks. The level of loss of function, as well as the duration, will factor into judging the severity of an injury.
- Psychological trauma – people react to serious injuries in vastly different ways. One person might shrug off the pain and focus on their recovery. Others suffer long-term psychological effects such as Post Traumatic Stress Disorder (PTSD), depression and anxiety. The seriousness and duration of the injury’s psychological effects are a contributing factor to the severity of the injury.
These are the main factors used to judge the severity of a serious injury. We can arrange a local medical examination to cover this process as part of our No Win No Fee claims service. However, it should be noted that serious injury compensation amounts could be lower if the victim is found to have contributed to the accident. For example, a person who sustained a serious injury by dangerous driving, even though they were involved in an accident which was primarily caused by a third party, may find their partial blame lowers compensation amounts.
Read on to find out more about the serious injury claims process, read on or get in touch with us for more information.
Beginning a claim for compensation following an accident that has caused a serious injury, is quite straightforward. The first step is to reach out to us, using the contact information found at the bottom of this guide.
We will work through the details of your accident with you, and offer you solid advice on how to move your serious injury compensation claim forward. We can arrange for a local medical examination to take place if needed. We can indicate just how much we think you can claim and what your chances of being awarded compensation actually are. We will offer a No Win No Fee form of legal representation for most people who contact us.
When a person suffers a serious injury as the result of an accident, it is likely that serious injury claims for compensation will incorporate numerous types of damages.
General damages – this type of damages pertains to all the physical aspects of the serious injury. Anything that appears in the “judging the severity of a serious injury” section above will be incorporated into the general damages category. All damages related to financial loss or out of pocket expenses you’ve incurred are known as special damages.
- Rehabilitation – if your serious injury is likely to take an extended period of time to heal, and it will need ongoing therapy, treatment and care to do so, then these rehabilitation costs can be claimed. Adopting or buying a new home – if your serious injury means that you need special equipment and a different living arrangement, then if you need to either modify your current home or purchase a new one, this can be claimed for. For example, if you can no longer manage stairs, and you need to fit a stairlift, or move into a bungalow. Access to non-standard treatments – if your serious injury requires treatments that are not available on the NHS, or even in the UK, you can claim for these costs.
- Ongoing care – for victims of a serious injury who either need full or part-time care in their own home or have become institutionalised in order to ensure they receive adequate day-to-day care. The cost of this care can be claimed.
- Loss of earnings – this category of damages covers both short-term losses of earnings due to missing work and the long-term loss of future earnings due to a decreased ability to continue working.
- Medical expenses – any out of pocket expenses that were applied to medical treatment both initially after the accident and ongoing therapy and medication costs.
- Travel expenses – everything from your own specialised car to having to arrange for a taxi to take the victim home from the hospital after the accident, through to having to make trips on public transport to visit their serious accident solicitor, or to appear in court.
There are, of course, other types of damages. We will be able to tell you whether there are other kinds of compensation we think you could be entitled to, once we understand the details of your case.
Although giving actual hard numbers for the amount of compensation you could receive for a serious injury is outside the scope of this serious injury guide, we have provided some rule-of-thumb figures for serious injury claims below. These are based on the amount of compensation we have historically seen awarded to serious injury victims:
|Head Injury||Very Severe||£264,650 to £379,100||Injury victims who have suffered unresponsiveness or slipped into comatose condition due to excessive damage to the brain.|
|Head Injury||Moderate||£140,870 to £205,580||Compromised cognitive capability, altered personality or impaired motor ability.|
|Head Injury||Less Severe||£14,380 to £40,410||Slight injuries to the head which did not result in any brain damage.|
|Back Injury||Severe||£85,470 to £151,070||Dilapidating back injuries causing loss of mobility and lowered life quality.|
|Back Injury||Moderate||Up to £2,300||Back injuries with moderate pain and suffering that will be recovered from with several weeks.|
|Back Injury||Minor||Up to £9,500||Injuries temporarily damaging the back, which causes only short-term pain.|
|Neck Injury||Severe||In the region of £139,210||Injuries that result in severe pain, impairment of ability or partial paralysis|
|Neck Injury||Moderate||£12,900 to £23,460||Injuries that result in long-term damage restricting ability and causing significant pain.|
|Neck Injury||Minor||£4,080 to £7,410||Injuries that result in short-term damage to neck such as whiplash.|
|Shoulder Injury||Severe||£18,020 to £45,070||Injuries that result in impaired movement or numbness of one or both arms.|
|Shoulder Injury||Serious||£11,980 to £18,020||Injuries that result in limited movement of one or both arms.|
|Shoulder Injury||Minor||£2,300 to £4,080||Injuries that result in short-term restriction of the ability of one or both arms or pain.|
|Arm Injury||Severe||£90,250 to £122,860||Injuries that result in the loss of use of either or both limbs for the long-term.|
|Arm Injury||Moderate||£18,020 to £36,770||Injuries that result in the short-term ability of movement of one or both arms or pain. While there will have been significant disabilities, a substantial degree of recovery will have taken place or will be expected.|
|Elbow Injury||Severely Disabling Injury||£36,770 to £51,460||Injuries that result in total loss of function of the elbow this also covers injuries that require surgery to correct.|
|Elbow Injury||Less Severe Injuries||£14,690 to £30,050||Injuries that result in short-term partial loss of function of the elbow.|
|Hand Injury||Total or Effective Loss of Both Hands||Less Severe Injuries||Injuries that result in the loss of function in either or both hands in the long-term.|
|Hand Injury||Moderate||£5,260 to £12,460||Crush injuries, penetrating wounds, soft tissue type and deep lacerations. The top of the bracket would be appropriate where surgery has failed and permanent disability remains.|
|Wrist Injury||Severe||£90,320 to £127,530||Injuries resulting in complete loss of function in the wrist for example, where an arthrodesis has been performed.|
|Leg Injury||Severe||£73,150 to £103,250||Injuries that result in the loss of use of either or both legs in the long-term.|
|Leg Injury||Serious||£36,790 to £51,460||Injuries that result in loss of ability of either or both legs in the medium-term.|
|Leg Injury||Moderate||£26,050 to £36,790||Injuries that result in fracture or break of either or both legs that will heal in time.|
|Knee Injury||Severe||£65,440 to £90,290||Injuries that result in permanent loss of function of either or both knees.|
|Knee Injury||Moderate||£13,920 to £24,580||Injuries that result in widespread damage to either knee, resulting in loss of function and continual discomfort.|
|Ankle Injury||Very Severe||£46,980 to £65,420||cases of a transmalleolar fracture of the ankle with extensive soft-tissue damage resulting in deformity and the risk that any future injury to the leg might necessitate a below-knee amputation, or cases of bilateral ankle fractures causing degeneration of the joints|
These payouts are produced here for guidance only. Once we have learnt all of the facts of your injury, we will be able to give a more accurate prediction of the amount of compensation you could be entitled too.
People with limited financial resources face a singular problem if they wish to attempt claiming serious injury compensation following an accident. Legal representation is expensive, and if the case is lost, then the legal costs are non-recoverable.
We offer a different way for people to seek the compensation they are entitled to, without any risk at all. Our No Win No Fee claims service will not cost you anything. There is no cost to start a claim, there is no cost for us to represent you during your claim, and if we don’t win your case, you won’t owe us anything.
Specialist legal representatives such as spinal injury solicitors and brain injury solicitors are expensive. We offer a way to receive the very best legal help possible, without paying anything across the lifetime of your compensation claim. We only take a fee if we win your case for you.
As a leading claims service provider, we offer expert legal advice and representation for victims of serious injury. We provide our clients with straightforward, easy to understand advice and help them to claim the compensation they are rightly entitled to.
We always keep your needs at the forefront of our actions and never do anything that could jeopardise your compensation claim. We will always try to get you the most compensation possible and work in an ethical and responsible manner.
If you have recently been the victim of an accident which has resulted in a serious injury, you need professional legal help to pursue serious injury claims. We are on hand to offer just this type of service. You can use the contact form on this website, the live chat function or call us on 0800 073 8804.
The sooner you contact us, the sooner we can discuss your legal needs with you, and begin the process of claiming the serious injury compensation you are entitled to for your serious injury.
What is a serious injury?
A serious injury is often a direct result of an accident, such as a slip and trip or car accident. In return, a serious injury can contribute to various complications and damage to your health and well-being, which may last some time or have permanent effects.
How much money can you sue for pain and suffering?
If you are someone that has suffered a serious injury due to the fault of someone else, you may consider taking legal action. Naturally, you may also question how much compensation you could be awarded should you take legal action.
Every serious injury compensation claim takes into account the impact of your injury on your quality of life. In short, the more traumatic and serious the injury, i.e. the more pain and suffering you endure, the greater the amount of compensation you could receive.
Therefore, it is challenging to provide estimated compensation figures. However, by speaking to our personal injury claims team, they could help you establish an estimated amount.
How long should a personal injury claim take?
In order to make a successful claim, you are required to begin your case within the personal injury claims time limit, which is 3-years from the date of the accident. Should you fail to begin your case within 3-years from the date of the incident, then your case’s validity will be affected.
Are there exceptions to the limitation period?
Exceptions to the personal injury claims time limit can come into action for serious injury cases that involved those who lack the mental capacity to pursue their own case. For circumstances of this nature, a third party such as a family member can pursue a claim for the individual as a litigation friend, as it would fall under the Mental Capacity Act 2005.
The personal injury claims time limit may take into account exceptions for cases that involve children under the age of 18, as they will require a litigation friend to act on their behalf.
In the circumstances above, if the person who lacks the capacity to claim regains their capacity, the limitation period will begin to run. And if no claim is made on behalf of a child, the limitation period will come into effect from their 18th birthday, giving them until the day they turn 21.
How will my compensation be paid to me?
Personal injury compensation can either be paid out as a lump sum or through interim payments, where it’s agreed that you’ll get an advance on part of your final settlement to help you pay for necessary expenses, like home adaptations and medical care.
What are some examples of serious injuries?
Serious injuries can cover a wide range of injuries and subsequent effects. Some serious injuries we’ve dealt with in the past include amputations, injuries involving paralysis, brain damage and bones that are fractured in multiple places, leading to permanent disability.
How do I maximize my personal injury settlement?
In order to get the maximum amount of compensation you’re owed, you should keep as much evidence of the accident and its subsequent effects. Collect evidence of the circumstances of the accident, get medical attention so that there’s a record of your injuries and keep a record of any expenses you incur because of the accident.
Can I claim for a serious injury where I was partly to blame?
Sometimes. This is known as a contributory negligence case where you accept that you had a role in the accident taking place. Your compensation will reflect the fact that you were partly to blame for the accident.
Thank you for reading our guide on serious injury claims and serious injury compensation.