This is a guide discussing serious injury claim payouts. It will firstly look at how settlements are calculated, what they include, and the purpose they have to address the different ways your injuries have impacted you. After this, we will look at when you could be eligible to seek compensation, and the criteria that need to be met in order for your claim to be valid.
This guide also looks at who owes you a duty of care in the workplace, in public places and on the road, and explains what the duty consists of in each of these scenarios.
We have also provided illustrative examples of how various accidents can occur and the possible injuries that could be sustained, if a third party breached their duty of care.
At the end of this guide, we explain the No Win No Fee contract offered by our panel of solicitors, and the benefits that starting your claim under these terms presents to you.
To get your particular case assessed by an advisor or to ask any questions you may have about starting a claim, you can reach our team using the contact details below:
- Call on 0161 696 9685
- Fill out our “contact us” form online.
- Use the live chat function on this page.
Select A Section
- Calculating Serious Injury Claim Payouts
- When Could You Seek Serious Injury Claim Payouts?
- What Accidents Could Cause Serious Injuries?
- How Do I Prove My Serious Injury Claim?
- Find Out What Serious Injury Claim Payouts A No Win No Fee Solicitor Could Help You Seek
Serious injury claim payouts can be made up of up to two heads of claim. The first is general damages, which awards compensation for the pain and suffering you sustained from being injured. Solicitors can refer to the Judicial College Guidelines (JCG) in conjunction with your medical evidence in order to calculate the potential value of your injuries.
The JCG publication details guideline award brackets for various different injuries. We have used some of these figures in the table below. It is important to emphasise that the JCG figures are not guaranteed payouts. Therefore, this table has been included for guidance purposes only.
|Multiple Injuries||Serious||Different types of serious physical injuries, and financial losses, both past and future.||Up to £1,000,000+|
|Brain Damage||Moderate (c)(ii)||Cases where there is a moderate to modest impact on intellect, some risk of epilepsy and greatly reduced ability to undertake work.||£90,720 to £150,110|
|Chest Injuries||Total removal of one lung and/or serious heart damage (a)||Symptoms will include serious and prolonged pain and permanent significant scarring.||£100,670 to £150,110|
|Chest Injuries||Traumatic chest injury (b)||Traumatic injury to chest, lungs or heart causing impairment of function, physical disability and reduced life expectancy.||£65,740 to £100,670|
|Arm Amputation||Loss of one arm (b)(i)||Amputation of arm at the shoulder.||Not less than £137,160|
|Other Arm Injuries||Severe Injury (a)||Injuries that fall short of amputation but are extremely serious with an equivalent effect.||£96,160 to £130,930|
|Special Damages||Loss of Earnings||A loss of earnings due to time taken off work to recover from injury, be that temporary or permanent, can be reimbursed through compensation awarded under special damages.||Up to £100,000 and above.|
Special damages, the other of the two heads of claim, can be awarded for any financial losses you incur as a result of being injured. We have compiled a list of some possible costs that could be reimbursed under this head of claim as part of serious injury claim payouts.
- Loss of earnings.
- Travel expenses.
- Out-of-pocket medical costs.
- Domestic care and support.
- Home adaptations.
You will need to provide evidence of these costs, therefore, you should retain any documents, such as your payslips or receipts, that demonstrate you incurred monetary losses.
The eligibility criteria for making a personal injury claim involves showing:
- You were owed a duty of care by a third party at the time of the accident.
- There was a breach of this duty by the relevant third party.
- Their breach was the cause of your injuries.
How Long Do You Have To Claim Your Payout?
Per the Limitation Act 1980, personal injury claims are typically subject to a time limit of 3 years from the accident date. However, there can be exceptions to this in some cases.
For more information on what the exceptions are, and whether or not one could apply to your particular claim, you can speak to our advisors using the provided contact details. They can also discuss serious injury claim payouts in more detail, including whether you’re eligible to pursue a claim for compensation.
Serious injuries can be caused by accidents at work, in public places and following road traffic collisions. In the sections below, we have provided an explanation of who owes a duty of care in each of these instances, as well providing an example of how a breach of that duty can result in an accident and subsequent serious injury.
Injuries Caused By Accidents On The Road
There is a collective duty of care amongst road users. When navigating the road network, users must take all reasonable steps to prevent one another from experiencing harm. This means abiding by the standards set out in the Highway Code and Road Traffic Act 1988. A failure to adhere to these standards can constitute a breach of this duty of care and can result in car accidents and serious injuries. An example of this would be:
- A lorry driver travels in the wrong direction on a one-way street after misinterpreting roadsigns. This leads to a head-on collision with a car. As a result, the driver of the car suffers a traumatic chest injury and several broken bones.
Injuries Caused By Accidents At Work
Per the Health and Safety at Work etc. Act 1974, employers owe a duty of care to all employees in that they must take reasonable steps to ensure their safety at work. The steps they need to take to uphold this duty of care can vary depending on the work being done. But some possible examples can include conducting regular maintenance checks on work equipment and repairing any faults promptly, and ensuring the workplace is free from trip hazards. An example of an employer breaching their duty of care and causing an accident at work would be:
- A leaking pipe had caused a slip hazard. The employer had not taken steps to repair the leak or warn employers about the danger, despite being made aware of the issue. An employee carrying a box of goods from a storeroom slipped on the water and sustained a serious back injury.
Injuries Caused By Accidents In Public
Under the Occupiers’ Liability Act 1957, a duty of care is imposed on the party in control of a public space (also known as the occupier) to take steps to ensure the reasonable safety of visitors while they are on the premises. Public spaces can include shop premises, recreational facilities such as cinemas, the road network and public green spaces. An example of an occupier breaching their duty of care would be:
- A fridge leaked into the supermarket aisle. Customers reported the hazard to staff, but the spill was not cleaned up or signposted. Another customer slipped and fell on the water, sustaining a serious head injury.
When calculating serious injury claim payouts, consideration can be given to the type and nature of your injury. To find out whether you’re eligible to seek a personal injury settlement, call an advisor on the number above.
Gathering sufficient evidence to prove you were injured because a third party breached their duty of care is an important part of the claims process. Some examples of evidence you could gather include:
- Medical records, such as copies of scans or any test results, can show the extent of your injuries.
- You have the right to request copies of CCTV footage you appear in. You can also acquire copies from a dash cam or similar devices.
- You can acquire a copy of the report from the workplace accident log. It is a legal requirement for an employer with 10 or more employees to keep an accident book.
- Collect the contact information of potential witnesses so they can give their statements at a later date.
Provided you are eligible to start a claim, our advisors could connect you with one of the personal injury solicitors from our panel, who could assist with collecting evidence for your claim. Talk to a team member if you would like support with acquiring evidence.
After your potential claim has been assessed by one of our advisors, they could connect you with a solicitor from our panel if they think your claim is valid. You could then be offered a No Win No Fee contract called a Conditional Fee Agreement (CFA). Making your claim under a CFA presents distinct benefits. Generally, there will be no upfront fees for the services of the solicitor, nor any ongoing fees for their work during the claim. Similarly, there will be no fees if your claim fails.
Serious injury claim payouts are awarded following successful claims. The solicitor will deduct a percentage of your compensation, partially as payment for their work, known as a success fee. The percentage that can be charged as a success fee is subject to a legal cap. Therefore, most of your compensation is kept by you.
To get an assessment of your particular case or ask any questions you may have about starting a claim, please talk to our team of advisors using the contact details below:
Serious Injury Claim Resources
Other serious injury claim guides:
- Read our guide on making serious injury claims.
- Learn when you could be eligible to claim after a serious neck injury.
- Find out what your serious back injury claim could be worth.
Other useful links
- NHS – Neck pain.
- Headway, brain injury charity – About traumatic brain injuries.
- Health and Safety Executive (HSE) – The law on workplace safety.
Thank you for reading our guide on serious injury claim payouts. You can contact our advisors with questions about any of the information in this guide or for an assessment of your potential claim.
Written by HC
Edited by MMI