Serious Injury Compensation Claims Process – Step By Step

Welcome to our guide on serious injury claims. Even a small or minor accident can have serious consequences, including paralysis, amputations, and loss of sight.

If you have suffered a serious injury as a result of somebody else’s negligent actions, you might be wondering if you could make a compensation claim. We’ll explore when you could pursue compensation, and what kinds of criteria your case will need to meet in order to be valid.

We’ll also explore some important steps in the claims process, including gathering evidence and the Pre-Action Protocol. It’s important to remember that you don’t need to do this alone; our guide explains how serious injury claims solicitors could help you.

A lot of people want to know how much compensation they could get for a serious injury. We discuss how compensation in personal injury claims is calculated, and what kinds of compensation you could receive.

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If you’d like to learn more about making a personal injury compensation claim, keep reading. Or, if you think you’re ready to start the serious injury claims process, get in touch with our team today by:

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Browse Our Guide

  1. Who Can Make Serious Injury Claims?
  2. How To Prove A Serious Injury Claim
  3. What Is The Serious Injury Claim Process?
  4. How Much Compensation For A Serious Injury Claim?
  5. Why Claim Serious Injury Compensation On A No Win No Fee Basis?
  6. Learn More About What Accidents Can Lead To Serious Injury Claims

Who Can Make Serious Injury Claims?

In order to make a serious injury claim, you need to prove that you were owed a duty of care. This means that someone else had a legal responsibility for your health and safety.

Who owes you a duty of care and what they need to do to uphold it can change depending on where you are.

For example, when you’re in public, you’re owed a duty of care by the person in control of that space, per the Occupiers’ Liability Act 1957 (OLA). But when you’re at work, you’re owed a duty of care by your employer, as per the Health and Safety at Work etc. Act 1974 (HASAWA).

Also, road users owe each other a duty of care to navigate the highway in a way that prevents harm or damage to themselves or others. To abide by this duty they must follow the relevant rules that are found in the Road Traffic Act 1988 and The Highway Code.

However, establishing that you were owed a duty of care alone isn’t enough to make a serious injury compensation claim. You also need to prove that your injuries were caused by a breach of this duty of care.

For example, if your employer knew that the forklift they were asking you to drive through a warehouse was faulty, and you were injured because the forklift overturned, then you may be able to claim. This is because by knowingly asking you to use faulty machinery, your employer breached their duty of care.

What Is Considered A Serious Injury?

A serious injury is an injury that causes life-changing consequences, such as:

If you aren’t sure whether or not you could make a claim for a serious injury, contact our team of advisors today. They can evaluate your claim for free, and tell you whether or not you meet the criteria.

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How To Prove A Serious Injury Claim

It’s important that you can prove your claim, and to do this, you need evidence. The right evidence in a personal injury claim should be able to prove how your injuries occurred, who caused them, and how severe they are.

If you decide to make a claim with the help of serious injury lawyers, they can help you gather evidence such as:

  • Medical records
  • An independent medical report
  • Witness statements
  • CCTV footage
  • Photographs

These are just a few examples of the kinds of evidence that a solicitor could help you gather. If you’d like to find out if a solicitor from our panel could help you through the serious injury claims process, get in touch today.

What Is The Serious Injury Claim Process?

All claims have to go through stages of what’s called the Pre-Action Protocol. These are a set of steps that help both parties reach a decision before going to court. If you choose to work with a solicitor, they will handle this part of your claim, which includes:

  • Sending a letter of notification: Notifying the defendant of your intent to make a claim.
  • Rehabilitation: Considering whether the claimant will need urgent rehabilitation or medical treatment.
  • Letter of Claim: Contain a clear summary of the facts on which the claim is based, together with any injuries suffered and the way in which they impact, prognosis and any financial loss incurred.
  • Responding: The defendant has 21 days to reply to this letter and three months to conduct an investigation.
  • Disclosure: Both parties exchange any relevant information that could help to settle the dispute.
  • Experts: The claimant and the defendant can both work with experts to provide expert testimony. For example, this might look like an independent medical professional or industrial expert.
  • Negotiations: A Part 36 offer, or early offer, can be made before the claim goes to court.
  • Alternative Dispute Resolution (ADR): If negotiations fail, then mediation or arbitration can be used to help reach a satisfactory conclusion. If this doesn’t work, then the claim will go to court.

Keep reading to learn more about serious injury compensation claims. Or, if you’d like to find out how a personal injury solicitor from our panel could help, get in touch with our team.

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How Much Compensation For A Serious Injury Claim?

So, what could you receive if you successfully claim compensation? Payouts for serious injury claims can generally be made up of two heads, the first of which is general damages. This is the compensation that covers your injuries, the pain and suffering they cause, and any loss of amenity (also known as loss of enjoyment.)

When this heading is calculated, the Judicial College Guidelines (JCG) can be a useful resource. Professionals often use this document as a reference, because it lists serious injuries beside guideline compensation amounts.

Below, we’ve added a table with some examples of JCG brackets beside common serious injuries. Please keep in mind that these amounts aren’t guaranteed and that the first entry is not from the JCG.

Judicial College Guidelines Compensation Brackets

Multiple Serious Injuries + Special DamagesUp to £1,000,000+Compensation for multiple serious injuries and financial losses, such as lost earnings
Very Severe Brain Damage (a)£344,150 to £493,000Severe brain damage resulting in a need for full time nursing care, with little to no response to their surroundings.
Arm Amputation (a) - Loss of Both Arms
£293,850 to £366,100A person with full
awareness reduced to a state of considerable helplessness
Arm Amputation (b) Loss of One Arm (i)No less than £167,380Loss of one arm, amputated at the shoulder.
Leg Amputation (a) (i)£293,850 to £344,150Loss of both legs.
Leg Amputation (a) (ii)£245,900 to £329,620Loss of both legs from below the knee.
Severe Neck Injuries (a) (i)In the region of £181,020A neck injury that is associated with incomplete paraplegia.
Severe Back Injuries (a) (i)£111,150 to £196,450Very severe consequences caused by damage to the spinal cord and nerve roots.
Severe Shoulder Injuries (a)£23,430 to £58,610Significant disability, often associated with damage to the brachial plexus and neck injuries.
Total Blindness And Deafness (a)In the region
of £493,000
Total loss of sight and hearing.

Can I Claim For Financial Losses?

Life changing injuries can not only have serious effects on your health, but they can also affect your finances. For example, if you were paralysed, then you may need to pay for mobility aids, home adjustments, and physical therapy.

This is where special damages come in. Under this heading, you can claim back the financial losses caused by your injuries, such as the cost of:

  • Child care
  • Lost earnings
  • Help with cooking and cleaning
  • Prescriptions
  • Medical treatments
  • Travel

To learn more about the kinds of compensation you could receive for making a successful personal injury claim, contact us today. Or, keep reading to learn about the benefits of working with a solicitor.

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Why Claim Serious Injury Compensation On A No Win No Fee Basis?

Working with a solicitor from our panel can bring a lot of benefits. For example, a solicitor can:

  • Arrange for you to take part in an independent medical assessment
  • Gather evidence like witness statements and CCTV footage
  • Complete the Pre-Action Protocol
  • Communicate with the defendant on your behalf
  • Explain any legal jargon that you might not understand

If you choose to work with a solicitor from our panel, they can do all of this under the terms of a Conditional Fee Agreement (CFA), which is a No Win No Fee arrangement. Under this kind of contract, you don’t need to pay an upfront fee or a fee if the case fails; if the serious injury claim succeeds, they’ll take a small portion of your compensation as their success fee.

Contact Us

If you have any more questions about claiming for catastrophic injuries, contact our team of advisors. They are waiting to answer your questions, and can offer you a free consultation. If they think that you could have a valid claim, they can then connect you with serious injury solicitors from our panel.

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Learn More About What Accidents Can Lead To Serious Injury Claims

For more helpful guides about serious injury claims:

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Thank you for reading our guide on serious injury claims.