Advice On Claiming Permanent Injury Compensation

By Cat Grayson. Last updated 21st April 2023. Welcome to our guide on how to claim permanent injury compensation. Many of us may take our health for granted. However, an accident could leave you with life-changing injuries that can mean your normal function is never the same again.

In this guide, we’ll discuss how you could have grounds to make a personal injury claim if you’ve suffered through no fault of your own. If you can prove that someone else failed to uphold their legal duty of care to you and led to you suffer long-lasting harm, you could be entitled to permanent injury compensation.

Permanent injury compensation

Permanent injury compensation

No compensation payout could ever truly account for the sense of loss you may be feeling. However, it could be vitally important in helping you create a more comfortable future in the wake of your injury.

If you’d like a free consultation about your situation to see whether you could claim, please get in touch today. Our team of specialist advisors can tell you whether you could be entitled to compensation and even estimate how much by asking a few simple questions about your case.

To get in touch, simply use one of the following contact options:

Select A Section

  1. A Guide On Claiming Permanent Injury Compensation
  2. What Is A Permanent Injury Compensation Claim?
  3. Calculate Permanent Injury Compensation
  4. Types Of Damages
  5. Quadriplegia And Paralysis
  6. Scarring And Disfigurement
  7. Scars Caused By Severe Burns
  8. Traumatic Head And Brain Injuries
  9. Spinal Cord And Back Injuries
  10. Permanent Injury To An Internal Organ
  11. Amputation And The Loss Of A Limb
  12. Blindness And Hearing Loss
  13. Sexual Organ Injuries And Loss Of Sexual Function
  14. No Win No Fee Claims For Permanent Injury Compensation
  15. Get Advice About Your Permanent Injury Claim
  16. Related Guides On Our Site
  17. Permanent Injury Claim FAQs

A Guide On Claiming Permanent Injury Compensation

The term ‘permanent injury’ can be used to describe any injury or illness from which recovery is not possible and damage is irreversible. This could be anything from a disfiguring scar to severe brain damage. You could have grounds to make a permanent injury claim if you can prove that someone else failed to uphold their legal duty of care to you which led to you suffer.

In this guide on how to claim permanent injury compensation, we’ll begin by explaining what a personal injury claim is and how compensation is valued for different types of damage. Compensation brackets from the Judicial College Guidelines will also be provided so you can get an idea of how much certain injuries and illnesses could be worth.

Next, we’ll explore a range of injuries that could have a permanent effect on someone’s health, including scarring, amputation and brain damage. Finally, we’ll explain how a personal injury lawyer could help you through the claims process and discuss the benefits of a No Win No Fee agreement.

To conclude, we’ll give you some options on how to get in touch with our team for a free consultation. If you have grounds to make a claim, they could connect you to our panel of personal injury lawyers that always work on a No Win No Fee basis. Once again, please don’t hesitate to get in touch with us if you have any questions over the course of this guide.

What Is A Permanent Injury Compensation Claim?

As mentioned earlier, ‘permanent injury’ describes any injury or illness from which recovery is not possible. This will no doubt have some sort of impact on your life, whether your injury is a slight hindrance or has a debilitating effect.

A personal injury claim could not only consider physical and psychological harm but financial losses too. A typical settlement is made up of two different types of damage; general and special damages. Whereas general damages account for physical and psychological suffering, special damages account for any out of pocket expenses or financial shortfall that you’ve experienced as a result of your injury. You’ll learn more about these later in this guide.

So, please read on to learn more about permanent injury claims or get in touch with us today to receive your free consultation.

Time Limits When Claiming Permanent Injury Compensation

It’s important to be aware of the time limits in place for starting a claim for accident compensation in the UK. These limits are set out by the Limitation Act 1980, and state that you generally have three years from the date of your injuries to start your claim.

However, if the person is under the age of eighteen or lacks the mental capacity to claim permanent injury compensation for themselves, there may be exceptions made to the time limits. For those under the age of eighteen, the time limit is suspended until their eighteenth birthday. If you lack the mental capacity to claim, then the time limit is frozen indefinitely and can restart from the date mental capacity is recovered. While the time limit is paused, a litigation friend can claim on their behalf.

To learn more about how long you have to seek compensation for a personal injury, contact our team today.

Calculate Permanent Injury Compensation

With general damages in mind, you’ll need to undergo a medical assessment with an independent expert in order to establish the full extent of suffering. If you choose to work with our panel of personal injury lawyers, they can arrange an appointment that’s as convenient to you as possible.

These assessments are typically short in duration and non-invasive in nature, depending on your injuries. From this appointment, a report will be created detailing how you’ve been affected by your accident, including how your quality of life has been impacted.

Once this report is received by your lawyer, it can be cross-referenced with compensation brackets in the Judicial College Guidelines. These are figures based on past settlement amounts that aim to reflect any pain, suffering and the impact on your quality of life your injuries could result in. We’ve included some examples in the table below to illustrate:

Type of injuryGuideline Compensation Amount
Very Severe Brain Damage£264,650 to £379,100
Less Severe Brain Damage£14,380 to £40,410
Traumatic Chest Injury£61,710 to £94,470
Severe Neck Injury (i)In the region of
£139,210
Moderate Neck injury (i)£23,460 to £36,120
Moderate Back Injury (i)£26,050 to £36,390
Severe Shoulder Injury£18,020 to £45,070
Fracture of the Clavicle £4,830 to £11,490
Simple Forearm Fractures £6,190 to £18,020
Moderate Toe InjuriesUp to £9,010

Types Of Damages

As mentioned above, a personal injury claim could not only consider physical and psychological harm but financial losses too.

A typical settlement is made up of two different types of damage; general and special damages. Whereas general damages account for physical and psychological suffering, special damages account for any out of pocket expenses or financial shortfall that you’ve experienced as a result of your injury.

As the victim of a permanent injury, you may find that you’re faced with a range of new and unwanted expenses, ranging from medical bills to home adaptation costs. Depending on the severity of your injuries, you may also be forced to take time off work or even cut your career short.

As part of a personal injury claim, special damages aim to acknowledge the potential for these losses to occur. By retaining bills, bank statements, receipts and invoices, it could be possible to recover these costs as part of your settlement award, with some examples including:

This list is not exhaustive so even if a cost you have in mind isn’t listed here, you could still be able to include it in your claim. For a full consultation about your situation, please get in touch today.

Quadriplegia And Paralysis

Compensation amounts for quadriplegia and paralysis are amongst the highest included in the Judicial College Guidelines. These figures aim to reflect the utter devastation that such an injury can have on a person’s day-to-day life.

In many cases, quadriplegic or paralysed people require constant care, meaning their condition often affects the lives of their loved ones too. Similarly, adaptations are typically required to be made to the home to accommodate specialist medical equipment or alternative living arrangements.

As part of a personal injury claim, all these costs and more could be recovered under special damages. The Judicial College Guidelines offers compensation brackets for conditions ranging from partial paralysis to complete disability, which we’ve presented in the table below:

Quadriplegia/TetraplegiaFull awareness of disability with life expectancy of 25 years£304,630 to £379,100
ParaplegiaPresence of pain and other related medical conditions related to paralysis205,580 to £266,740
Paraplegia where death occurs within 2 years£46,300

Scarring And Disfigurement

Scarring and disfigurement can occur for a variety of reasons. For example, you may have suffered severe tissue damage in a car accident that wasn’t your fault due to cuts and lacerations from debris.

Depending on the severity of your injuries and where they occurred on your body, you may be left with scarring. Regardless of whether the injuries themselves heal, you may also be left with psychological damage as a result of the disfigurement.

Though no amount of money could remedy the trauma that you may be experiencing, compensation for scarring and disfigurement could help pay for therapy, for example. Here are some examples taken from the Judicial College Guidelines to illustrate how much these types of injuries could be worth:

Facial scarringVery severe£27,940 to £91,350disfiguring with a severe psychological reaction
Facial scarringsignificant£8,550 to £28,240worst effects reduced by plastic surgery
Facial scarringless significant£3,710 to £12,900one scar or multiple that can be camouflaged
Facial scarringtrivial scarring£1,600 to £3,310minor effects

Scars Caused By Severe Burns

Scarring from severe burns can result from a range of accidents, which could involve exposure to high heat or harmful chemicals. For example, you may have been burnt while working with hazardous materials because your employer failed to provide you with correct personal protective equipment (PPE).

Whatever your situation, the trauma that could be associated with scarring from severe burns can have a significant impact on your life. Because of this, damages for psychological injuries can be included in your claim in addition to those included in the table below:

Where
significant burns cover 40% or more of the body, awards
are likely to exceed £89,440 ( £98,380 accounting for
10% uplift). Factors which will influence the size of award
in burns cases will include:
a. The percentage body area affected by the burns;
b. Whether the burns are full thickness, partial thickness
or superficial;
c. The cosmetic impact of the injuries and the injured
person’s reaction to them;
d. The need for (and extent of) surgery;
e. Any resulting physical disability;
f. The psychological impact.
Likely to exceed
£98,380

Traumatic Head And Brain Injuries

Depending on their severity, traumatic head and brain injuries can attract high levels of compensation. Whether a result of a heavy impact, oxygen deprivation or otherwise, brain damage can have debilitating effects on a victim’s quality of life.

In severe cases, victims may require around the clock care, expensive medical treatment and home adaptations. If your loved one has suffered and you’d like to claim on their behalf, compensation could help pay for these unprecedented costs.

For brain damage, the Judicial College Guidelines provides compensation brackets ranging from £40,410 to £379,100, with some examples included below:

very severe brain damagelittle evidence of meaningful response and 24 care requirements£264,650 to £379,100
moderately severeextreme disability with likelihood of reduced life expectancy£205,580 to £264,650
moderate brain damageintellectual deficit or personality change£140,870 to £205,580
less severe brain damagealmost full recovery and restoration of cognitive ability£14,380 to £40,410
minor brain damagefull recovery with a few minor symptoms£2,070 to £11,980
Epilepsyestablished Grand Mal£95,710 to £140,870
Epilepsyestablished Petit Mal£51,460 to
£123,340
Epilepsyother variations£9,990 to
£24,680

Spinal Cord And Back Injuries

Injuries to the back or spinal cord can happen in a range of contexts, whether that’s a result of manual handling in an accident at work or slipping on an unattended spillage in a supermarket without a hazard sign.

Depending on its severity, a back injury or damaged spinal cord could be severely debilitating and could even result in paralysis. Knock-on effects from such a life-changing injury could include psychological suffering, such as depression and anxiety.

Compensation aims to reflect how the quality of the victim’s life has been impacted, including any general effect on their quality of life. As part of this, some compensation brackets for general damages could include:

severe back injurysevere pain and disability with partial paralysis and loss of sexual function£85,470 to £151,070
moderate/severeless acute than above but with increased risk of osteo-arthritis and need for surgery£26,050 to £36,390
moderatesoft tissue and ligament issues£11,730 to £26,050
minornuisance level, without need for surgery£7,410 to £11,730

Permanent Injury To An Internal Organ

If you suffer damage to your internal organs, the effects can be detrimental to your body’s overall functioning. Whether you work with a substance that’s hazardous to your health as a result of your employer’s negligence or you suffer severe food poisoning in a restaurant with poor health and safety standards, you could be entitled to compensation.

As part of a personal injury claim, you could be compensated for any future suffering that your internal organ damage could cause you. This can be established as part of the medical assessment you’ll undergo to evidence your injuries and build your case.

Once again, the Judicial College Guidelines provide compensation brackets for a range of such injuries, including:

Digestive systemtraumatic injury£40,370 to £58,100
Food poisoningsevere toxicosis£36,060 to £49,270
Kidneysserious loss or damage to both£158,970 to £197,480
Bowels total loss of normal functionUp to £172,860
Bladdercomplete loss of function or controlUp to £132,040
Spleenloss with risk of infection£19,510 to £24,680
Chest injurytraumatic injury to the chest or lung£61,710 to £94,470
Lungsinhalation of smoke with residual effects£5,000 to £11,820
Herniapain and limitation of normal function£13,970 to £22,680

Amputation And The Loss Of A Limb

Amputation is the process of surgically removing a part of the body, typically a limb such as an arm or a leg. In extreme cases, victims may be involved in accidents that tear limbs from their body. Alternatively, serious injuries or illnesses can mean emergency amputation is the only option to stop infection or save a nearby body part.

In many cases of amputation, adaptations will need to be made to your home, workplace and day to day life in order to accommodate you. Similarly, physiotherapy may be necessary in order for you to function as best as you can. It may even be necessary for you to leave your previous employment if it involved use of the limb that you lost.

Being confronted with the prospect of living without a limb can be an enormous adjustment that’s often life-changing. The Judicial College aim to reflect this in the following compensation brackets they’ve created for amputations:

Amputation of both armsfrom full ability to virtual helplessness£225,960 to £281,520
loss of one armfrom the shouldernot less than £128,710
Above elbow amputationincreased difficulty to use a prosthetic£102,890 to £122,860
Below elbow amputationwith phantom and residual pain £90,250 to £102,890
Severeother arm injuries£90,250 to £122,860
injuries resulting in permanent and substantial disablementvery serious fractures£36,770 to £56,180
less severe arm injurysignificant disability with some recovery£18,020 to £36,770
Amputation of both legsComplete immobility or function as previously enjoyed£225,960 to £264,650
Below knee amputationsboth legs£189,110 to £253,480
Above knee amputation one leg£98,380 to £129,010
Below knee amputationone leg£91,950 to £124,800
Severe leg damagenot requiring amputation but leading to significant disability and long term problems£90,320 to £127,530

Blindness And Hearing Loss

Our senses help us understand and interact with the world around us. The idea of losing one or more of your senses can feel extremely isolating and traumatic. What’s more, going blind or deaf has the ability to change your life completely, whether you’re forced to leave your job or require around the clock assistance.

With this in mind, the Judicial College Guidelines list compensation brackets that are on the higher end of the spectrum to help accommodate the victim as best they can:

total blindness and deafnessIn the region of
£379,100
total blindnessIn the region of
£252,180
loss of sight in one eye and reduced vision in the other£90,100 to £168,730
total loss of one eye£51,460 to £61,690
complete loss of sight in one eye£46,240 to £51,460
total deafness and loss of speech£102,890 to £132,040
total deafness£85,170 to £102,890
total loss of hearing in one ear£29,380 to £42,730
total loss of taste and smellIn the region of
£36,770
loss of taste£18,020 to £23,460
loss of smell£23,460 to £30,870

Sexual Organ Injuries And Loss Of Sexual Function

As part of a personal injury claim, compensation is designed to address any damage to your quality of life, including relationships with others. If you suffer an injury that affects your sexual organs or function, your relationships could suffer as a result. In addition, the prospect of having children may be taken from you, which would be an irreplaceable loss for many.

In addition to the actual physical pain of such injuries, it could also be possible to calculate psychological damage. What’s more, with an overall picture of how you’ve suffered as a result of your injury, you can increase your chances of a larger settlement. Some examples of how you could be compensated according to the Judicial College Guidelines include:

total loss of reproductive organsIn excess of
£144,420
ImpotenceIn the region of
£139,210
Permanent impotence in a middle aged man£40,370 to £73,580
Infertility by accident or infection£107,810 to £158,970
sterility without impotence in a young man£52,620 to £66,970
Total impotence and sterility in a young manIn the region of
£139,210
Infertility due to medical negligence£31,950 to
£95,850

No Win No Fee Claims For Permanent Injury Compensation

If you suffered a life-changing injury due to someone else’s negligence, there’s a chance you could be entitled to permanent injury compensation. If you’re looking for legal help making a claim, there are many benefits to using a No Win No Fee lawyer.

Firstly, there are no upfront fees to pay upon signing a No Win No Fee agreement and there are no running fees to pay as the case progresses either.

If your case is unsuccessful, you won’t have to pay your lawyer for their service. However, if your case is successful, a small ‘success fee’ will be deducted from your final settlement to cover their costs. This is legally capped at a low percentage to ensure that you still get the compensation that you deserve.

Our panel of personal injury lawyers always work on a No Win No Fee basis. To learn more about their services and how you could access them, please see the next section.

Get Advice About Your Permanent Injury Claim

In conclusion, we hope that this article has helped provide a bit more clarity around claiming permanent injury compensation.

If you’d like a free consultation about your situation to see whether you could claim, please get in touch today. Our team of specialist advisors can tell you whether you could be entitled to compensation and even estimate how much by asking a few simple questions about your case.

What’s more, they can offer to connect you to our panel of No Win No Fee personal injury lawyers if you want legal help making a claim. To get in touch, simply use one of the following contact options:

Related Guides On Our Site

Here are some links to some of our related guides that could be of further use:

In addition, here are some additional links to external resources that could offer support:

Permanent Injury Claim FAQs

To finish, here are some frequently asked questions. If you have questions on claiming permanent injury compensation that we haven’t covered, please don’t hesitate to get in touch today.

What is the average permanent disability settlement?

There are no ‘average settlements’ for personal injury claims, as each case is valued individually. The compensation brackets provided in the JCG are based on previous cases and can be used as guidance to help value claims. However, you can get a more accurate estimate of how much compensation you could be entitled to by getting in touch with our team today for a free consultation.

How do I prove that my injuries are permanent?

By undergoing a medical assessment with an independent expert, they’ll write a report detailing any immediate and future impacts that your injuries will have on you.

Where can I find the best personal injury lawyer?

Look no further than our panel of personal injury lawyers for help getting the compensation you deserve. They have decades of experience in the claims process and will always offer to work on a No Win No Fee basis.

Thank you for reading our guide on how to claim permanent injury compensation.