This guide explores when you could be eligible to pursue compensation through the serious injury claims process. We also provide an example case study to illustrate who could be liable for someone’s injuries due to negligence and what compensation could be awarded.
Following this, we discuss how a value could be assigned to your personal injury, including how a successful settlement could be comprised. Then, this guide explores how evidence could support your case and what you could use.
To conclude, we examine the benefits of instructing a No Win No Fee legal professional to guide you through the serious injury claims process. Contact our advisors now to find out if you can claim personal injury compensation.
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- Serious Injury Claims – When Are You Eligible To Claim?
- Case Study: £1 Million Payout In Serious Injury Claim
- How Much Compensation Could You Receive For A Serious Injury?
- What Evidence Could Be Used In Serious Injury Claims?
- Use Serious Injury Solicitors To Claim On A No Win No Fee Basis
- Information When Claiming Serious Injury Compensation
You might be able to pursue compensation through the serious injury claims process if you were involved in an accident due to another’s negligence. To make such a claim, you must show that:
- You were owed a duty of care
- This duty of care was breached
- You came to suffer harm as a result
Serious injury claims can result from claimants suffering the following:
- Head and brain damage
If you believe you have solid grounds to make a serious injury claim, contact our advisors now. They will be able to discover the validity of your case and could pass you over to a solicitor from our panel if eligible.
Accidents At Work
To be eligible to make a personal injury claim following an accident at work, you must be able to show you were injured due to your employer breaching their duty of care. Under the Health and Safety at Work etc. Act 1974, your employer has a duty to take reasonable steps to keep you safe.
If your employer doesn’t comply with their duty, you could suffer harm in several ways, including when:
- Your colleague isn’t provided with forklift training, meaning they lose control and crush your leg, leading to you suffering an amputation and loss of a limb.
- You haven’t been provided with manual handling training, causing you to lift something incorrectly and suffer a serious back injury.
- You’re provided with a step ladder that your employer knows is faulty, meaning you fall and endure a fractured skull.
Accidents In A Public Place
Serious injury claims can stem from a public place accident, however, to have an eligible claim, you must be able to show that a breach of duty owed to you caused your injuries. The duty of care occupiers owe is found in the Occupiers’ Liability Act 1957, outlining that parties in control of premises owe a duty to take steps that ensure the reasonable safety of visitors for their permitted purpose.
If the occupier of a public space fails to comply with their duty of care, this could lead to accidents and injuries that could form the basis of serious injury claims:
- Wet floor signs not being displayed, causing you to slip, fall and suffer a neck injury.
- Products stacked incorrectly, leading to them falling from a height, hitting you and causing a head injury.
- Radiators set too hot, meaning you suffer a severe burn injury when you accidentally touch them.
Road Traffic Accidents
In order to have an eligible personal injury claim after a road traffic accident, you must be able to show that a road user breaching their duty of care caused your injury. Road users must adhere to the Road Traffic Act 1988 and the Highway Code to ensure they comply with their duty to prevent injury and damage to themselves and others whilst navigating the roads.
You could be harmed when:
- A speeding driver loses control around a corner and hits you, leading to you suffering serious chest injuries.
- A drunk driver swerves into your lane and crashes into your car, meaning you suffer an arm injury and require amputation.
- A driver runs a red light, causing them to hit you at speed, leading to you suffering a brain injury.
Mr Yarrow, 35, worked as a builder. One morning, he was driving to work taking his normal route, when suddenly, he was hit by a driver running a red light, causing a t-bone collision.
Soon after, an ambulance came and took Mr Yarrow to hospital. It was later revealed that he had suffered a severe brain injury. This was devastating for Mr Yarrow’s family, as not only would this completely impact every part of his life, but his family would also be majorly impacted.
Mr Yarrow’s family contacted solicitors and started a serious injury claim. The solicitors obtained CCTV footage and witness statements, proving that the driver’s negligence caused the accident. As a result, Mr Yarrow won his case and was awarded a £1 million payout to compensate him for his lifelong disabilities, also his financial losses, which included loss of earnings as he would never be able to work again.
To find out if a solicitor from our panel can help you through the serious injury claims process, contact our advisors now for a free case assessment.
Successful serious injury claims could be awarded settlements, including two kinds of damages. The first is general damages, compensating you for the pain and suffering caused by your injuries. The amount you could receive will depend on factors like:
- The severity of your injuries
- Any loss of enjoyment
- Your recovery time
The Judicial College Guidelines (JCG) could be used to help assign value to your serious injury. Your medical reports could also be requested to compare with the JCG.
Below is a table of guidance amounts for different injuries extracted from the JCG. Please note that because each case is different, we cannot guarantee the compensation you could receive.
|Serious Harm||Degree||Guideline Amounts||Comments|
|Multiple Injuries||Serious||Up to £1,000,000++||Multiple injuries of a serious nature plus special damages that compensate for financial losses and costs caused by the injuries.|
|Paralysis||Quadriplegia||£324,600 to £403,990||Top end of the bracket will be cases where physical pain is present or where there is a significant effect on senses or ability to communicate.|
|Paraplegia||£219,070 to £284,260||Causing paralysis in the lower part of the body.|
|Brain||Very Severe||£282,010 to £403,990||Little to no meaningful response to the persons environment, needing full-time nursing care.|
|Moderately Severe||£219,070 to £282,010||Person will be very seriously disabled, with substantial dependence on others.|
|Leg||Loss of Both Legs||£240,790 to £282,010||Includes where both legs have been lost above the knee.|
|Severe (ii)||£54,830 to £87,890||Very serious injuries, leading to permanent problems with mobility.|
|Back||Severe (i)||£91,090 to £160,980||Spinal cord and nerve root damage, leading to incomplete paralysis.|
|Severe (ii)||£74,160 to £88,430||Nerve root damage, causing loss of sensation and impaired mobility.|
|Arm||Loss of One Arm (i)||Not less than £137,160||Amputated at the shoulder.|
|Severe||£96,160 to £130,930||Falling short of amputation but leaving the person little better off.|
What Special Damages Could You Claim For?
The second kind of damages you could receive is special damages, compensating for any reasonable past or future losses you incur due to your injury. This is important when it comes to serious injury claims, as special damages cover loss of earnings, mobility aids, home adaptations, care costs, and medical expenses. All that may be needed if you have suffered a serious injury. In some serious injury claims, special damages compensation is greater than general damages.
You should keep evidence of your losses to ensure you’re fully compensated for them.
Evidence you could gather includes:
In eligible serious injury claims, a solicitor from our panel could help gather evidence as part of their service. Contact our advisors now for a free consultation.
Evidence can be useful to prove how your accident happened and how you were injured. The evidence you may want to supply includes:
- CCTV footage
- Medical records
- Accident site photographs
- Witness contact details
- Diary notes of your symptoms
A solicitor from our panel could produce an evidence portfolio as part of their service if your case is eligible. Contact our advisors now to discover if a solicitor from our panel can help you through the serious injury claims process.
Consider instructing a No Win No Fee legal professional if your case is eligible and you want expert advice. A Conditional Fee Agreement is a type of No Win No Fee agreement, and it ensures that:
- No upfront fees are required
- No ongoing fees
- If your case is unsuccessful, no fees need to be paid for the services you received
- If your case wins, a success fee will be taken, which is only a small, legally capped percentage of your compensation.
Contact our advisors now to find out if you can work with a solicitor from our panel to help you through the serious injury claims process. Get in touch using the following methods:
For more of our guides, look here:
- Is there a serious injury claims time limit?
- Using No Win No Fee road traffic accident solicitors
- Claiming for a serious accident at work
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