If you or your loved one have a disability and have been injured in an accident caused by someone else, the consequences may be more serious and the claims process more complex. As such, it is important to understand your rights, how compensation may be calculated and what steps you could take to support your claim. Disabled accident claims can be made for new disabilities or worsening of pre-existing conditions.
At Legal Expert our personal injury solicitors could help you to claim for yourself or a loved one on a No Win No Fee basis. If you get in touch with one of our advisors, they will assess whether you have an eligible claim. From there, if you do, they can connect you to one of our No Win No Fee solicitors with specialist knowledge of claiming for an injury when you have a pre-existing condition. Get in touch today.
4.8 (466 reviews) Key Points
- According to the Family Resources Survey, in 2023, 24% of the UK population (16.1 million people) live with a disability.
- Disabled people in the UK may be more vulnerable in workplaces, public spaces, or in transport settings due to environmental barriers or a lack of reasonable adjustments.
- Data from the Office for National Statistics on disability and crime (published 2019) shows that 23% of disabled adults experienced crime in that year.
- According to a report in the British Medical Journal, pedestrians in wheelchairs have a 36% higher mortality rate.
- If you suffered an accident with a pre-existing disability, you might be able to claim compensation for your physical pain, mental suffering and any financial losses.
- To claim compensation, you must prove that a liable party had responsiblity for your safety in a given situation and their failure to comply resulted in your injuries or worsening of your existing condition.
What Are Disabled Accident Claims?
A disabled accident claim is handled in the same way as a standard personal injury claim. The only difference being the claimant has a disability that was aggravated or not properly accommodated by the negligent third party. Such claims recognise that those with pre-existing disabilities could be left suffering more serious injuries and may require specialist support.
As with a standard personal injury claim, you will need to satisfy specific eligibility criteria. You need to prove that negligence occurred. This is:
- You were owed a duty of care. This is a legal obligation that one party, such as an individual or organisation, owes to another to ensure their reasonable safety.
- A breach in this duty occurred.
- You sustained injuries or an aggravation of a pre-existing disability due to this breach.
In the sections below, we look at some day-to-day areas in which you are owed a duty of care.
Road Traffic Accidents
All road users must navigate safely to prevent others from (foreseeable) harm. In order to comply with this duty of care, they must adhere to the Highway Code and the Road Traffic Act 1988. Accidents could happen when,
- A car fails to stop at a zebra crossing, striking a wheelchair user. The impact of the vehicle caused multiple fractures, further reducing the person’s mobility and independence.
- A driver distracted by using their sat-nav fails to stop at traffic lights and strikes a partially sighted person using the pelican crossing. The person suffers a broken pelvis.
Accidents At Work
The Health and Safety at Work etc. Act 1974 protects all employees while they are at work by setting the duty of care that employers owe to their workforce. As such, employers must take reasonably practicable steps to ensure the health, safety and welfare of employees while they are carrying out work-related duties.
Those with disabilities can be protected further under laws such as the Equality Act 2010. This legislation does not create a right to personal injury compensation on its own, but it can still play an important role in accident and injury claims, especially when a person’s disability or protected characteristic has not been properly accommodated.
The failure to do so could lead to accidents, such as,
- An employee who requires a walking aid fell down the stairs because a lift was out of order.
- A worker with a chronic back condition is asked to lift a heavy item without appropriate support and aggravates their pre-existing condition, leading to further disability.
Public Place Accidents
The party in control of a public space, known as the occupier, must adhere to the Occupiers’ Liability Act 1957 to take steps to ensure the reasonable safety of those visiting the premises,
- Flashing lights in a cinema trigger seizures in someone with epilepsy. There was no warning sign. The seizure causes them to fall, suffering head and facial injuries.
- A council building did not have disabled toilets, which caused a person with a stoma to have an accident ,causing mental distress and embarrassment.
These are some examples of when disabled accident claims may be made. If you or a loved one have been impacted by those or other types of accident, please contact our team.
Can I Claim On Behalf Of A Disabled Person?
Yes, you can make a claim on behalf of a disabled person if you are appointed as their litigation friend. A litigation friend is a relative, friend, solicitor or other suitable adult without conflicting interests, capable of making decisions about the claim, who will direct the proceedings, by:
- Ensuring decisions are made in the best interests of the injured party.
- Informing the injured party about what is occurring with their case and finding out their wishes and feelings regarding it.
- Communicating with the injured party’s solicitor.
- Paying any court-ordered costs.
There are 2 main instances in which a litigation friend may direct the proceedings. Firstly, where the person is under the age of 18. Minors are unable to take legal action themselves. Secondly, where the person lacks sufficient mental capacity to make their own claim.
For advice on making disability accident claims on behalf of someone else, please get in touch with our team.
How Much Disabled Personal Injury Compensation Could Be Awarded?
How much compensation a person or a person with an existing disability could be awarded depends on the harm they suffered, how it may have affected their existing condition and the financial impact it had on them. Typically, claimants may be awarded damages for both physical and mental harm (general damages) and financial losses (special damages).
Solicitors and others involved in valuing claims may use the Judicial College Guidelines (JCG) as a reference. The JCG is a publication containing guideline compensation amounts for different types of injury.
Below, we present examples (with the exception of the initial figure) taken from the JCG. These figures are not guarantees of what the claimant may be awarded. For a better idea of what will be awarded in your specific claim, speak to one of our advisors now, who will be more than happy to provide you with an estimate.
| Injury or harm & severity | Guideline Compensation |
|---|---|
| Multiple, severe, injuries + special damages. | Up to £1,000,000+ with special damages covering medical costs. |
| Very severe brain damage with little to no meaningful response to their surroundings | £344,150 to £493,000 |
| Sight (C) (i) Injuries affecting sight, loss of sight in one eye and reduced sight in the other. | £117,150 to £219,400. |
| Severe post traumatic stress disorder with permanent effects to all parts of life | £73,050 to £122,850. |
| Moderate back injury (i) - for example: Compression/crush fracture, traumatic spondylolisthesis or a prolapsed intervertebral disc requiring surgery | £33,880 to £47,320 |
| Moderate neck injury (i) - dislocations and fractures | £30,500 to £46,970. |
| Moderate neck (ii) - Acceleration or exacerbation of a pre-existing condition over a prolonged amount of time | £16,770 to £30,500 |
| Less serious leg injuries (i) - incomplete recovery from a fracture | £21,920 to £33,880 |
| Serious shoulder injury - dislocation with lower brachial plexus damage | £15,580 to £23,430. |
| Moderate or minor elbow injury - lacerations and simple fractures | Up to £15,370. |
Special Damages In Disabled Accident Claims
Special damages may compensate for financial losses incurred. These losses must relate to the accident. They must also be provable. You will need to submit evidence of any financial losses, such as submitting receipts, invoices or bank statements.
Special damages can include,
- Lost income and earnings.
- The cost of medical care.
- Transport costs related to attending medical appointments.
- The cost of adapting your home and/or vehicle, if necessary, to cope with a new disability.
A solicitor could fully assess and help to value your case. Please contact us today to find out more about how compensation is awarded for disabled accident claims.
Can Someone With A Disability Claim For Medical Negligence?
Yes, someone with a disability can claim for medical negligence. Medical negligence claims follow similar processes to personal injury claims. However, such cases may involve greater degrees of harm or be more complex. Compensation can be awarded for both physical and psychological harm suffered.
Similar to personal injury claims, claimants need to show that a medical professional or healthcare service provider breached their duty of care. In healthcare settings, this means that the claimant must be able to prove that substandard care was provided causing unnecessary harm. Evidence such as medical records (including those produced by independent medical assessments), financial records and witness statements may all be submitted.
Please get in touch with us if you or a disabled loved one has been harmed by poor medical care.
What If A Disabled Person Is The Victim On Criminal Assault?
Disabled victims of criminal assaults can seek compensation through a criminal injuries claim. These may be made via the Criminal Injuries Compensation Authority (CICA). The criminal injury claims process differs from standard personal injury claims (as discussed in the previous sections). Instead, claims may be made via the CICA, a government agency, and valued using a fixed tariff system. In addition, there are different rules around eligibility to claim, time limits and the types of evidence.
Compensation is determined using a fixed tariff. You may claim for up to 3 separate injuries which are valued using a multiple injuries formula. The criminal assault must have been reported to the police and you (or your loved one) must fully cooperate with any police investigation. To make a claim, the CICA may require details of police reports, medical records and proof of (qualifying) financial losses.
You can seek legal advice from one of our solicitors and find out if you or your loved one could make a criminal injury claim.
How Long Will Someone With A Disability Have To Claim Compensation?
Generally, an injured party has 3 years to start the claims process. This time limit is set by the Limitation Act 1980 and applies to cases where the claimant is over the age of 18 and is able to claim on their own behalf.
In instances where a litigation friend is making a claim for someone else, the time limit may vary. For instance, where the person is under 18, the time limit does not apply until they reach this age, giving the litigation friend any time up until the injured party turns 18 to act. In instances where an adult is not mentally capable of claiming themselves, their litigation friend may do so at any time.
Please contact us today for free legal advice and information on how long you have to file a claim.
What Evidence Will Help Support An Injured Disabled Person’s Claim?
Medical records, witness statements and proof of financial losses help to support an injured disabled person’s claim. Examples of evidence you could gather could include,
- Medical records showing pre-existing and new injuries.
- Records from a public or workplace accident report log.
- Records of road traffic accidents or criminal assaults reported to the police.
- Witness statements and contact details for those providing them.
- Personal statements and a diary of your symptoms.
Please talk to an advisor today for more information on proving disabled accident claims.
How Legal Expert Can Help With A Disabled Accident Claim
At Legal Expert, one of our experienced solicitors can help disabled accident claims by collecting evidence, helping you build your case, and negotiating with other parties. To do so, they may offer you a Conditional Fee Agreement (CFA). This is a way to claim on a No Win No Fee basis, without having to pay the solicitor’s fees upfront. It also means not having to pay their fees whilst the claim is in progress, or if it is unsuccessful.
If you do win, your solicitor will charge a success fee, which will be deducted from your compensation. This is calculated as a fixed percentage of your compensation. There is a legal limit on what percentage may be charged.
Legal Expert can help further. Firstly, an advisor can offer you free advice, answering any questions you may have. They can then connect you to a specialist personal injury solicitor who could,
- Provide free legal advice.
- Communicating with other parties, such as employers or insurance providers.
- Organise an independent medical assessment of your injuries.
- Preparing any court documents, if necessary.
- Keeping you updated about your claim.
Contact Our No Win No Fee Solicitors
To be connected to one of our No Win No Fee solicitors, contact one of the advisors from our team. They will assess whether you have good grounds to seek compensation and if you do, they can connect you to a solicitor.
- Call 0800 073 8804.
- Contact us and use our online claim form.
- Speak to us online.
More Information
Get more information on personal injury claims in these resources.
- Find out how a traumatic brain injury lawyer could help you or your loved one.
- Find more information on post traumatic stress disorder claims here.
- Read more about medical negligence claims here.
External references.
- Get an overview of Industrial Injuries Disablement Benefit IIDB, in this resource.
- Check your entitlement to disability benefits with this government guide to financial help if you are disabled.
- Read more about work and disability in this NHS resource.
Please contact us to learn more about disabled accident claims.
