This guide explains when serious injury claim lawyers could help you seek personal injury compensation if you became seriously injured in an accident due to a third party breaching their duty of care. It will also look at the eligibility criteria for starting a personal injury claim.
Furthermore, in this guide, we will explain who owes the duty of care on the road, in public places and in the workplace, and how accidents can be caused when third parties fail in upholding their duty.
Also included in this guide are examples of how these accidents can cause serious injuries, as well as the potential value of those injuries in the event your claim succeeds.
In the last section of our guide, we provide an examination of the type of No Win No Fee contract you could be offered by a lawyer who has experience handling serious injury claims, as well as the benefits to you of starting your claim with them on this basis.
To get your questions answered or for a free assessment of your potential claim, you should speak to one of our advisors:
- Call the team on 0161 696 9685
- Fill in the “contact us” form online.
- Use the live chat feature at the end of this guide.
Select A Section
- When Could Serious Injury Claim Lawyers Help You?
- What Serious Injury Claims Could You Make?
- What Evidence Can Help Prove A Serious Injury Claim?
- Calculating Settlements For Serious Injury Claims
- Can Serious Injury Claim Lawyers Help You Seek Compensation On A No Win No Fee Basis?
Serious injury claim lawyers may potentially take on your case following an injury you sustained in an accident at work, in a public place or in a road traffic collision. However, you need to ensure you have valid grounds to pursue a personal injury claim by meeting the following criteria:
- A third party owed you a duty of care when the accident took place.
- This third party breached their duty of care.
- That breach caused you a serious injury, either physical, mental, or both together.
Serious Injury Claim Time Limits
For personal injury claims, there is generally a 3-year time limit set out in the Limitation Act 1980. This means you need to start legal proceedings within 3 years from the accident date. Under certain circumstances, exceptions to this may apply, and an extension could be granted.
To learn more about the time limits in personal injury claims and if any exceptions apply to your particular claim, you can speak to a member of our team using the contact information above.
You could potentially start a serious injury claim after a road traffic accident, an accident at work or in a public place, provided you meet the eligibility requirements above.
In the sections below, we provided an explanation of the laws that set out the duties of care owed in these scenarios and how a third party breaching their duty can cause serious injuries.
Serious Vehicle Accident Claims
Road users have a duty of care to one another to do everything they reasonably can to avoid causing harm to each other. This means abiding by the rules and regulations set out in both the Highway Code and Road Traffic Act 1988. An example scenario of a road user breaching their duty of care and causing serious injury could include:
- A driver of a car fails to stop at a red light. As a result, the driver crashes into another vehicle at a junction causing them to sustain a serious leg fracture and head injury.
Serious Public Accident Claims
The party in control of a public place, also referred to as the occupier, has a duty of care to take steps to ensure the reasonable safety of visitors while they are on the premises. This duty, established in the Occupier’s Liability Act 1957, extends to parties with control over restaurants and nightclubs, certain roads and recreation and leisure facilities. An instance where an occupier failing to uphold their duty of care could cause an accident resulting in serious injuries can include:
- A restaurant did not carry out repairs to their terrace railing despite reports from customers that the railing was in need of maintenance. A customer used the railing to steady themselves when getting up from their chair and fell from the terrace when the railing gave way. The customer broke multiple vertebrae and suffered a severe paralysis injury.
Serious Work Accident Claims
The duty of care employers owe to their employees is established by the Health and Safety at Work etc. Act 1974. Per the Act, employers must carry out reasonable, as well as practicable, steps to ensure the safety of their employees during the conduct of their work activities. Examples of the steps they need to take to uphold this duty can include ensuring employees receive any necessary personal protective equipment, are trained correctly to use work equipment and that the equipment undergoes regular inspection and maintenance. An example scenario where a serious injury could be sustained from an employer’s breach of their duty of care could include:
- An employee is instructed by their employer to use a piece of faulty machinery. The employee sustains a traumatic arm amputation as a result.
Our panel of serious injury claim lawyers can assist you with claiming for a range of accidents that have resulted in serious injuries. To potentially start a claim with them, speak to an advisor today using the contact details provided above.
There are various types of evidence you could gather to support your claim. We have compiled a non-exhaustive list here:
- Receiving medical treatment after an accident is always recommended. Not only is this important for your mental and physical well-being, and can ensure you receive appropriate treatment for your injuries, it can also produce medical records. These can be used as evidence in showing the injuries you sustained and the treatment you needed.
- You can request copies of video footage you appear in, such as from CCTV cameras or dash cam devices following a road traffic accident.
- Witness statements can provide useful accounts of how accidents occurred, so you should acquire the contact information of any witnesses to provide a statement at a later date.
- It is a legal requirement for employers with 10 or more employees to keep an accident book and report any incidents in this. You can acquire a copy of the report made following your accident.
Following an assessment of your claim, an advisor could put you in contact with the serious injury claim lawyers on our panel if they find you have valid grounds to proceed with your case. They could then support you in compiling a body of evidence for your claim as part of the services they offer. To find out more, contact an advisor on the number above.
You will be awarded a personal injury compensation settlement following a successful case. This can be comprised of up to two different heads of claim. The first of these is called general damages, which compensates for the physical and psychological impacts of the harm you sustained.
Serious injury claim lawyers can calculate the potential value of your injuries by referring to your medical documents alongside the Judicial College Guidelines (JCG). This publication contains various different injuries and their guideline award brackets.
We have taken some of these brackets to create the compensation table below. However, the figures listed in the JCG are not guaranteed since serious injury claims are calculated based on their individual circumstances. This table has therefore been provided as a guide only. For a more detailed estimate of the value of your particular injuries, you should contact our advisors.
|Multiple Injuries||Serious||Various serious injuries, including compensation for monetary losses.||Up to £1,000,000+|
|Paralysis||Paraplegia (b)||Paralysis in the lower half of the body. Level of award dependent on, for example, the level of pain, the level independence and any psychological impacts.||£219,070 to £284,260|
|Brain Damage||Moderate (c)(i)||Cases involving a moderate to severe intellectual deficit, effect on the senses and significant epilepsy risk.||£150,110 to £219,070|
|Back Injuries||Severe (a)(i)||Cases involving damage to the nerve roots and spinal cord with severe pain and disability.||£91,090 to £160,980|
|Arm Injuries||Severe (a)||Injuries which fall short of amputation but are still extremely serious.||£96,160 to £130,930|
|Leg Injuries||Severe (b)(i)||Severe injuries that fall short of amputation but are so severe they are awarded at a similar level.||£96,250 to £135,920|
|Special Damages||Loss of Earnings||Lost income due to absence from work to recover from injury can be reimbursed under special damages.||Up to £100,000 and above|
The second of the two heads of claim is known as special damages. Any financial losses you have experienced due to your injuries may be awarded under special damages. We have provided a list of some possible costs for which you could seek reimbursement below:
- You could claim back any travel expenses if your ability to drive to and from work has been affected.
- For injuries affecting your ability to cook or clean for yourself, you could claim the cost of domestic support.
- Home adaptations, such as access ramps, that help you live with reduced mobility are possible costs for which you could seek reimbursement.
- If you took time off work to recover from your injuries, you could potentially claim back your loss of earnings.
You should retain copies of documents, such as your payslips and receipts, as proof you incurred monetary losses.
For more information on personal injury compensation settlements, speak to an advisor. You can reach them on the number above.
Our advisors can provide an assessment of your specific circumstances. If they find you have valid grounds to proceed, you could be connected with a lawyer off our panel. The No Win No Fee contract offered by our panel is known as a Conditional Fee Agreement (CFA). The benefits of a CFA are that you will generally not be met with any fees upfront for the work the lawyer does on your claim. There are also no fees for their work as your claim moves forward, or in the event the claim fails.
Upon the success of your claim, a solicitor will take a percentage of your compensation, partially to cover the work they have done. Success fees are agreed upon before the claim begins, and are capped by law. Therefore, you will keep most of your compensation payout.
Speak to an advisor to find out more about the No Win No Fee agreement our lawyers can offer. They can also provide an assessment of your claim and answer any other questions you might have after reading our guide. You can speak to one of our team via the following contact details:
- Call the team on 0161 696 9685
- Fill in our online “contact us” form.
- Speak with an advisor via the live chat feature.
Further Serious Injury Claim Resources
See some of our other guides on serious injury claims:
- Read about when you could be eligible to claim for a serious back injury.
- Learn more about making a claim after a serious brain injury.
- Find out if you could make a claim for deafness following a serious accident.
- NHS – First aid after an incident.
- GOV – Request CCTV footage.
- Health and Safety Executive (HSE) – Preventing slips and falls.
We would like to thank you for taking the time to read this guide on working with serious injury claim lawyers. Our advisors can answer any queries, as well as provide an assessment of your circumstances for free. You can reach them using any of the contact information listed above.
Written by HC
Edited by MMI