By Olivia Schofield. Last updated 17th March 2021. Welcome to our guide on how to make a serious injury compensation claim.
Suffering from a serious injury could completely change your life. It can leave you with a disability, severe emotional trauma and leave you in a negative financial situation due to being unable to work or having costly bills for your medical treatment and care. It is important that you know that if you do suffer a serious injury in an accident that wasn’t your fault, at work, while driving, while out in public or while receiving medical treatment, you could be entitled to claim serious injury compensation.
Legal Helpline can help you claim compensation for a serious injury. We have put this guide together to tell you how, and we also can offer you a no win no fee personal injury claim solicitor from our panel to help you fight and win your case. This guide is designed to inform you about your rights to make a serious injury claim, how serious injury claims work and how our panel of personal injury/medical negligence solicitors can help you to do so successfully.
Please use the details below to speak to our claims team today if you have any questions about the information in our guide or would like some free legal advice:
- Call 0161 696 9685
- Use the live chat feature on your screen
- Fill out one of our contact forms for a call back
Jump To A Section
- A Guide To Making A Serious Injury Claim
- What Is Considered To Be A Serious Injury?
- Road Traffic Accident Serious Injury Claims
- Workplace Serious Injury Claims
- Public Place Serious Injury Claims
- Medical Negligence Serious Injury Claims
- Serious Injury Claim Compensation Calculator
- Losses And Costs Which You May Claim Compensation For
- I Suffered A Serious Injury, What Should I Do?
- Why Make Your Serious Injury Claim With Us?
- No Win No Fee Serious Injury Compensation Claims
- Start Your Serious Injury Claim
- Resource Material
Legal Helpline presents this serious injury compensation claims guide about how and when you could make a claim after suffering a serious injury at the hands of a third-party. This guide will explain a number of the key issues that you need to know should you wish to begin the serious injuries claims process.
This guide will describe what could be classed as a serious injury, what some of the common circumstances in which a serious injury could occur and how a serious injury claim would work. The guide will also explain the basics of how calculating compensation works with the aid of our personal injuries claims calculator, as well as outlining what kind of financial costs you could be entitled to recoup through claiming them as a part of your compensation.
Most importantly, we’ll explain what a no win no fee service is and how you could take advantage of this service for yourself by contacting us today.
A few other points that you should be aware of before starting a claim are the following. Firstly, there is a personal injury claims time limit within which you can claim. This limits you to make a claim within 3 years, so whether you have months or years left before this time limit runs out, there is still no time like the present to get in touch with our team to begin making a claim. After 3 years have passed you will be unlikely to be eligible for compensation. However, please note that some exceptions apply, including claimants under 18 and claimants that are mentally incapacitated.
Even relatively minor injuries which heal completely within a matter of weeks could entitle a victim to compensation. However, as personal injury claims are valued using the extent of each victim’s suffering, more severe injuries are more likely to yield larger payouts. The amount of compensation awarded is intended to reflect the effects they had or will have on victims’ lives. Therefore, serious injury compensation claims could garner large sums of money for claimants.
Common symptoms of serious injuries include:
- Considerable or extreme pain
- Prolonged unconsciousness
- Lasting or permanent disfigurement
- Loss of limbs
- Loss of organs
- Effects on mental or cognitive ability
- Loss of mobility
- Disabilities caused, or loss of ability to perform everyday tasks, with loss of ability to work, socialise or live a normal life.
- Severe and lasting psychological trauma.
We can help arrange a free medical examination to confirm the extent of your serious injuries if you choose our services. For more information on what we could do for you, please contact us today.
Road traffic accidents can cause catastrophic and fatal injuries. That is why road safety is so important and why all road users have a duty of care to comply with laws such as the Highway Code. It is also crucial that roads are properly maintained and safe to drive on.
Road traffic accidents can be caused by negligent driving, such as driving under the influence of alcohol, driving over the speed limit and driving a car which has mechanical issues which make it unsafe, such as having flat or worn-out tyres or brakes that don’t work properly. They can also be caused by unsafe conditions on the road, such as a lack of proper street lighting and by ice on the road in winter.
You could make a serious injury compensation claim against a negligent road user or against the authorities responsible for maintaining the road if their negligence caused you to suffer. You can learn more about making road traffic accident claims in our main guide to them here.
Under the Health And Safety At Work Act 1974, your employer is legally obligated to provide a safe workplace and put measures in place to prevent accidents from happening as much as they reasonably can.
If you suffer an accidentt at work as a result of your employer’s failings, you could be entitled to make a serious injury compensation claim. There are numerous ways in which an accident could happen at work which could inflict a serious injury, such as:
- An accident while using machinery or equipment that was poorly maintained
- An accident while operating machinery or equipment you had not been trained to use.
- Working around hazards without being provided with properly working safety equipment.
- An accident while working in or around vehicles in the workplace.
- Being a victim of an assault due to inadequate security measures.
In 2019, the Labour Force Survey recorded 693,000 workers sustaining a non-fatal injury according to self-reports. Furthermore, RIDDOR recorded 65,427 Employee non-fatal injuries reported by employers that year. The most common causes of workplace injuries included:
- Slips, trips or falls on the same level – 29%
- Handling, lifting or carrying- 19%
- Being struck by moving object – 11%
- Acts of violence – 9%
- Falls from a height – 8%
For more information about claiming compensation for a serious injury at work, read our dedicated accident at work claims guide here.
A serious accident could occur at any time or place. A lot of time spent in public places actually takes place on property owned and operated by a third-party, such as a business owner or local council.
Therefore, when you are on such a property, you are in a space in which the operators have a responsibility to prevent avoidable accidents. With this in mind, they could be held liable for your serious injury compensation claim if they fail to uphold their duty of care to you and you suffer as a result.
Here are a number of ways in which this could happen:
- Slips, trips and falls caused by poor maintenance and cleaning
- Poorly maintained and unsafe facilities
- Hazards causing an avoidable accident
You can read some of the guides to making compensation claims for accidents that occur in various different public places on our website, such as this guide to making compensation claims for accidents that occur in supermarkets.
Some people could suffer serious injuries when receiving treatment from professionals in positions of trust, such as a doctor in a hospital.
All doctors have a duty of care for their patients; they must do as much as reasonably possible to prevent them from avoidable harm. That means that if a patient experiences medical negligence while receiving treatment from them, they could be held liable as part of a serious injury compensation claim against them.
There are a number of ways that a patient could suffer from serious, traumatic and life-changing injuries as a result of negligent medical care. They might include:
- Contracting an infection due to insufficient hygiene in the hospital. This can include potentially fatal infections caused by “superbugs” such as MRSA.
- Suffering serious organ damage during surgery due to surgical mistakes. In extreme circumstances, a surgical mistake could include performing the wrong procedure altogether, like amputating the wrong limb or removing the wrong organ for example.
- Suffering childbirth injuries. Childbirth can be complicated, even in a developed country with a modern health service like the United Kingdom. Negligent care during childbirth can lead to both the mother and the baby suffering serious injuries. Mothers can suffer from tearing injuries, or infections resulting from poorly performed caesarean sections. Babies can suffer from long term life-affecting injuries such as cerebral palsy due to injuries or oxygen deprivation that occurred in childbirth.
In some cases, negligence in a hospital could cause a patient’s death, if you have been bereaved you can find a guide here to making a compensation claim for negligent deaths in hospitals. You may also find it useful to read this Citizens Advice Bureau article on your rights as an NHS patient.
Each compensation claim is calculated to meet the needs of the claimant and reflect the impact that the accident has had on them. This means that there is no way for us to tell you at this stage how much money your serious injury compensation claim would be worth exactly.
However, there are certain guidelines that break-down how much compensation could be awarded for certain injuries. In the table below you can see a list of certain types of injuries, you can also see the estimation of how much compensation they are entitled to. This is just to show you how the process of calculating part of your personal injury compensation works.
|Epilepsy - Established Grand Mal||Injuries which cause the victim to develop epilepsy. Degree of compensation will depend on the severity of the epilepsy and the frequency of attacks.||£95,710 to £140,870|
|Post Traumatic Stress Disorder (a)||Cases which prevent the victim from functioning at anything approaching the pre-trauma level.||£56,180 to £94,470|
|Post Traumatic Stress Disorder (b)||Cases in which the victim will have a permanent disability due to the trauma, but a degree of recovery will occur with therapy.||£21,730 to £56,180|
|Post Traumatic Stress Disorder (c)||Where the victim has recovered to the point at which any lasting effects are not disabling.||£7,680 to £21,730|
|Post Traumatic Stress Disorder (d)||Cases in which a near full recovery is made.||£3,710 to £7,680|
|Total Blindness and deafness||A devastatingly disabling injury||In the region of £379,100|
|Total Blindness||Damage to both eyes sufficient to cost the victim all sight.||In the region of £252,180|
|Total loss of one eye||In which one eye is lost and the other is intact and functional.||£51,460 to £61,690|
|Tetraplegia (also known as Quadriplegia)||Degree of compensation will depend on, physical pain, expectation of life, powers of speech, sight, and hearing, ability to communicate.||£304,630 to £379,100|
|Paraplegia||Degree of compensation will depend on, physical pain, expectation of life, powers of speech, sight, and hearing, ability to communicate.||205,580 to £266,740|
Suffering a very serious injury can cause you to experience financial losses and either permanently or temporarily cost you your ability to earn money through working. Rest assured that a successful serious injury compensation claim could see you repaid for the losses you have experienced. Losses and expenses which you could claim back include:
- Rehabilitation costs: Receiving the care needed to recover your ability to move and work normally after suffering a serious injury can be a lengthy and expensive process. These costs can be recouped through compensation
- Ongoing care costs: Some serious injuries could leave you needing to receive care to meet your needs at home either for the foreseeable future or permanently. This can be claimed back through compensation.
- Medical expenses: Hopefully any treatment you need to recover from your injuries will be covered by the NHS, however any medical care that you have to spend money on can be recouped through compensation.
- Travelling costs: There are many ways in which suffering an accident can cause you to spend money on travelling. Getting back and forth from the hospital using a taxi or public transport can be included among the expenses which you can claim back, as can the costs of having a specialist car adapted to your needs if you suffer from a disability after your accident.
If you have suffered a serious injury caused by the negligence of a third party, we recommend that you collect supporting evidence for any serious injury compensation claim you may make. Here are some of the things you can do:
- Get a doctors opinion. If you have a serious injury this point may be redundant, but it is important to have a doctor’s report and a medical record confirming the nature and extent of your injuries.
- Make a report. If you are injured in a car accident, report it to the police. If you injured at work, make sure it is reported in the accident log book. If you are injured in a public place, if possible report it to the relevant property owner and make sure it is recorded in their premises accident book.
- Take photos. Photograph the scene of the accident, your injury (if possible, and whatever it was that caused the accident).
- Make notes: Write down as soon as you can everything you remember about the accident and how it happened. This is to make sure you have a reminder of details you might otherwise forget and to help you stay consistent in your account of events.
- Get witnesses: If there were other people who witnessed the incident, try to get them to agree to give testimony later on.
- Call a solicitor: Legal Helpline can provide you with all the advice and information you need if you have had a serious injury in an accident and you are considering making a personal injury claim.
Legal Helpline has a panel of solicitors who are specialists in fighting and winning compensation claim cases. When you are seeking compensation for a serious injury you want a solicitor whose experience, expertise and professionalism you can rely on.
A personal injury solicitor provided by Legal Helpline can take on the responsibilities of organising and making a claim while you focus on your recovery. However, you are entitled to receive regular updates from your solicitor on the progress of your claim. To find out more about some of the benefits of working with a solicitor provided by Legal Helpline, call our team on the contact details at the bottom of the page.
Rest assured that making a serious injury compensation claim won’t cost you any money upfront. Many people may be concerned that making a personal injury claim could end with them spending more money than they are entitled to due to the costs of solicitors legal fees.
A no win no fee claim relieves you of this risk, the terms and conditions of a no win no fee claim stipulate that a solicitor cannot be paid until or unless the claim has succeeded and the client has received compensation. The payment they do receive will come from a portion of their client’s compensation. If you have any questions about no win no fee claims, please use the contact details below to reach our team.
Starting the serious injury claim process is simple, you can do it over the phone with a chat with one of Legal Helpline claim team members. We’re open 24/7, 7 days a week.
You can still get in touch even if you aren’t sure if you want to start a claim or not. Whatever your situation, our team will be happy to answer your questions and provide you with free and impartial advice on your serious injury compensation claim.
- Call 0161 696 9685
- Use the live chat feature on your screen
- Fill out one of our contact forms for a call back
Serious injury compensation claim FAQs
What is the average settlement amount for pain and suffering?
There is no average settlement amount for personal injury claims or the like due to the fact that each case is different. Though some example payout amounts are included in the table above, we can’t give you an estimated figure until we discuss your case with you. Please get in touch today to find out more.
What qualifies as a serious injury?
The severity of your injury will be assessed by an independent medical expert. The report they produce will consider your physical and mental condition and how it’s been affected by your accident, as well as any impact had on your quality of life.
Our other guides with related content:
Some further reading:
- The Website Of The Health And Safety At Work Executive
- How To Make A Complaint About The NHS
- Citizen’s Advice
Thanks for reading our guide on how to make a serious injury compensation claim.
Guide by JK