Serious Injury Claims | No Win No Fee
By Stephen Hudson. Last Updated 5th January 2024. If you are looking for more information regarding serious injury claims, this guide may be able to help you. We will look at the ways in which you could suffer a serious injury as a result of negligence and when you could be entitled to make a claim.
The eligibility criteria surrounding personal injury claims will also be explored in conjunction with how much compensation you could be owed if your case is successful.
Lastly, we will examine how you could strengthen your case by gathering evidence and working with a No Win No Fee solicitor. We also explain these services in greater detail and how they might benefit you.
You can also speak with an advisor from the Legal Expert team if you have any specific questions. They are available 24/7 to offer you free legal advice. To get in touch:
- Call us on 0800 073 8804
- Contact us online
- Use our live chat feature
A guide to serious injury claims
Select A Section
- The Criteria For Making Serious Injury Claims
- How Long Do You Have To Claim For A Serious Injury?
- What Evidence Will I Need To Make A Claim?
- Examples Of Payouts In Serious Injury Claims
- Could A No Win No Fee Solicitor Help Me?
- Further Serious Injury Claim Resources
The Criteria For Making Serious Injury Claims
To be eligible to make a serious injury claim, the following criteria would need to be met:
- Someone must have owed you a duty of care.
- This duty was breached by them.
- Due to this breach, you suffered a serious injury.
There are various types of accidents that could potentially lead to a claim for serious injury compensation, such as:
- Work accidents – An accident at work could potentially lead to a serious injury, and you may have grounds to claim against your employer if they breached their duty of care. Employers owe all their employees a duty of care to take reasonable steps to protect them from harm while they are working. This duty is set out within the Health and Safety at Work etc. Act 1974.
- Accidents in a public place – Serious injuries can potentially occur in public areas such as a shopping centre or park. If you are injured in a public space, then the controller of that space may have breached the duty of care you were owed. Under the Occupiers’ Liability Act 1957, parties in control a public space have a duty of care to ensure the reasonable safety of the people who visit it. If you’ve suffered a serious injury because this duty was breached, then you may have grounds to make a public liability claim.
- Road traffic accidents – Serious injuries can also be caused by a road traffic accident. If another road user caused the accident, you may be able to claim against them for breaching their duty of care. The Road Traffic Act 1988 sets out that every road user should take reasonable steps to minimise the risk of causing harm to other road users and themselves. As part of their duty of care, road users should follow the relevant rules set out for them within the Highway Code.
Contact our advisors for free today for more advice on the eligibility criteria for serious injury claims.
Personal injury solicitors can support serious injury compensation claims.
How Long Do You Have To Claim For A Serious Injury?
As established by the Limitation Act 1980, you generally have 3 years to begin your personal injury claim. This time limit may start from the date you were injured, when you realised you were injured or when you connected your injuries to the negligence of a third party.
Some exceptions apply to this time limit. You can speak with an advisor from our team if you have any queries regarding litigation friends or the claims time limit.
Can I Make A Serious Injury Claim On Behalf Of Someone Else?
In certain circumstances, there are exceptions to this time limit. These include:
- Injured parties under the age of 18. In these cases, there the time limit is temporarily paused until their 18th birthday. From that date, the injured party would have 3 years to seek serious injury compensation if no claim was made for them already.
- Those without the mental capacity to file a claim themselves. For these parties, the limitation period is indefinitely paused. If they regain this capacity, the time limit is no longer suspended, and they would have 3 years from that date to file a serious injury claim if another party did not act on their behalf already.
If the injured party cannot file their own claim, you can seek compensation for a serious injury on their behalf as their litigation friend. As a litigation friend, you must direct the proceedings for them. This can include making decisions in their best interests and talking to their solicitor.
You can be appointed as their litigation friend at any point during the time limit suspension. You usually won’t be a litigation friend once the child turns 18 or the injured adult regains their mental capacity.
If a claim made on behalf of a child is successful, you may have to manage a Court Funds Office account for them. Once they turn 18, the Court Funds Office will write to them to let them know how they can get their settlement. However, should a child require money prior to their 18th birthday, their litigation friend would have to apply for it.
To find out more about the duties of a litigation friend or how to be appointed as one, contact an advisor from our team.
A litigation friend can claim for a brain injury on behalf of a child or those without the mental capacity.
What Evidence Will I Need To Make A Claim?
You could gather to prove that you were injured by the negligence of a third party and strengthen your claim in the following ways:
- Acquiring CCTV footage of the incident
- Taking photographs of the scene and/or your injuries
- Seeking medical attention and keeping hold of the records generates
- Acquiring witnesses’ contact details to allow statements to be taken at a later date
- Fill out the accident book (if applicable)
- Request a police record if the incident was reported to them (for example, a serious car accident in which the other driver was drunk)
An advisor from our team could provide more information as to the evidence that you can gather to support your claim. Moreover, if you have an eligible claim, they could set you up with a personal injury solicitor from our panel who can help you with this process.
Examples Of Payouts In Serious Injury Claims
The compensation for serious injury claims could be made up of two heads of claim. You will be awarded general damages compensation in a successful claim for any physical or mental injuries that are caused by your injuries.
We have included a table of compensation brackets that have been taken from the Judicial College Guidelines (JCG). This is a document that is used by legal professionals when valuing claims.
However, these figures should only be used as a guideline. This is because every personal injury claim is unique and the settlement you may receive could be different.
| Body Part | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Serious Injuries | Multiple | Up to £1,000,000+ | Various types of serious physical injuries, as well as compensation for financial losses. |
| Arm | Amputation (a) | £240,790 to £300,000 | The amputation of both arms which leaves the injured party fully aware but significantly helpless. |
| Arm | Amputation (b) (ii) | £109,650 to £130,930 | The above the elbow amputation of one arm. |
| Back | Severe (i) | £91,090 to £160,980 | A severe injury that involves damage to the spinal cord and nerve roots. |
| Leg | Amputation (iii) | £104,830 to £137,470 | The above the knee amputation of one leg. |
| Neck | Severe (ii) | £65,740 to £130,930 | An injury such as a significant fracture or injury to discs in the cervical spine. |
| Foot | Amputation | £83,960 to £109,650 | An injury that results in permanent and severe pain and the amputation of one foot. |
| Special Damages | Loss of Earnings | Up to £100,000 and above | Compensation can be awarded under special damages to reimburse for lost income incurred due to time taken off work because of your injury. |
Special Damages In Serious Injury Claims
Special damages could also be included as part of your settlement; it relates to any financial harm that you’ve incurred due to the accident in which you were injured. This could compensate you for:
- Loss of earnings
- Home adaptations
- Care costs
- Medical expenses
- Travel costs
If you would like a personalised estimation of how much compensation you could be owed, please contact an advisor from our team. They can offer free advice on serious injury claims.
Claiming For Future Losses In Serious Injury Claims
Some serious injury claim payouts may also compensate you for future losses as well as the current and past losses you suffered due to your injury.
Additionally, some claimants might be able to recover pension contributions if they paid into a pension scheme. As with future loss of earnings, this figure can be calculated from payslips.
To discuss what else might be included under future losses in serious injury claims, please contact an advisor from our team.
Interim payments can cover the costs of ongoing treatments.
Could A No Win No Fee Solicitor Help Me?
If you are eligible to claim compensation for life changing injuries, you may wish to have legal support. One of our serious injury claims solicitors could help with your case. Our solicitors typically provide a No Win No Fee service under the terms of a Conditional Fee Agreement (CFA).
No Win No Fee solicitors don’t collect any upfront or ongoing payments for their work on your serious injury compensation claim. Furthermore, if your claim for catastrophic injuries doesn’t succeed, your solicitor will not collect a fee for their services.
However, if you make a successful serious injury claim with the support of a solicitor using a No Win No Fee agreement, they will take a success fee from your award. The amount they can take is a legally limited percentage.
Get In Contact With Our Team
An advisor from our team will assess whether you have an eligible claim. If you do, they could set you up with one of the serious injury solicitors from our team who can help build and present your case. To get in contact:
- Call us 0800 073 8804
- Contact us online
- Use our live chat feature
Further Serious Injury Claim Resources
Here are some more of our own guides that could be of use to you:
- Petrol station accident claims
- Leg amputation compensation claims
- Explaining the personal injury claims process
In addition, we have included further reading relative to this serious injury guide:
- NHS – When to call 999
- Motors Insurers’ Bureau (MIB) – When to claim
- GOV – Requesting CCTV footage
Thank you for reading this guide on serious injury claims. If you still have any questions, please do not hesitate to speak with our advisors.
