This guide takes a look at when you could be eligible to begin a serious injury claim after a car accident. When you are using the road, you and other road users have a duty to keep each other safe from harm or damage. We will cover the rules that inform this duty and explain what you could do if someone else fails to uphold their duty, leading directly to you suffering injuries, including the evidence you could gather to strengthen your case.
You can also see examples of car accidents and the injuries they could cause. Additionally, we provide a figurative case study involving a claimant receiving £1.5 million in damages.
Furthermore, we will discuss how personal injury settlements are calculated and what they could consist of.
Our advisors are on hand 24/7 to answer any questions you might have about starting a serious injury claim. To reach out, you can:
Jump To A Section
- When Are You Able To Make A Serious Injury Claim After A Car Accident?
- How Could A Car Accident Cause A Serious Injury?
- Proving Driver Negligence In A Personal Injury Claim
- Car Accident Compensation Examples – What Could You Receive?
- Make A No Win No Fee Serious Injury Claim
- Learn More About Making A Serious Injury Claim After A Car Accident
Road users have a duty of care when using the roads. This duty involves making sure they prevent damage or injury to themselves and others. The Road Traffic Act 1988 and the Highway Code contain the rules that road users must adhere to in order to uphold their duty of care.
For a serious injury claim after a car accident to be valid, it must prove:
- A third party owed a duty of care.
- They breached this duty.
- The breach led to an accident which caused physical and/or mental injury.
These three criteria form the basis of negligence in claims for a personal injury. This needs to be proven in order for you to have valid grounds to proceed with your case.
You must also start a claim within three years of the accident, as set out by The Limitation Act 1980. There are some exceptions that could apply to your specific circumstances, however.
To learn more about the criteria and time limits for a car accident, please contact an advisor on the number above.
According to the Reported road casualties Great Britain, provisional results for 2022, there were 136,002 reported casualties in 2022, with almost 30,000 of them involving a death or serious injury.
Below, we have provided examples of car accidents that could occur if a road user breaches their duty of care.
- A driver goes the wrong way down a one-way street and hits another car in a head-on collision. The other driver suffers a severe neck injury with nerve damage to the spinal cord.
- A speeding driver causes a rear-end accident by crashing into a car waiting at traffic lights. The stationary car’s driver suffers a serious back injury and partial paralysis due to the force of impact.
- A drunk driver is driving carelessly when they hit a motorcycle rider, who is thrown from the vehicle. They suffer a serious brain injury.
Case Study: £1.5 Million Payout For A Serious Injury Caused By A Car Accident
This figurative case study has been included to help you understand the steps involved in seeking compensation for a serious injury caused by a car accident.
Mr. Moss was driving down a rural road when they were hit head on by another driver who had overtaken on a sharp bend. The heavy impact of the collision meant Mr. Moss suffered a traumatic arm amputation and a serious brain injury.
The family of Mr. Moss decided to take legal action and had a solicitor assist them through the claims process. The solicitor presented evidence proving the other driver was responsible for the crash and the case was settled in Mr. Moss’ favour.
Mr. Moss received compensation accounting for the pain and suffering caused by his injuries. He received further damages for financial losses as he was not able to return to his job and needed full-time care for the remainder of his life. Because of the significant physical, psychological and monetary impact, Mr. Moss received £1.5 million in compensation.
Speak to an advisor about your specific case today and you can find out whether you have grounds to seek serious injury compensation.
One important step to take after a car accident is gather evidence that supports your personal injury claim. The more forms of proof you have, the better, but any of the below could be useful:
- Footage from a dash cam or traffic camera.
- Photographs of the scene and your visible injuries.
- Medical records.
- Witness contact information.
A solicitor from our panel will help you gather evidence for their personal injury claim, should you have a valid case and wish to seek legal representation. Get in touch to learn more about the services they could offer.
Following a successful serious injury claim after a car accident, you could be awarded a settlement comprising up to two heads of loss. The first is general damages compensating for the pain and suffering caused by your injuries.
Solicitors can use medical evidence and the Judicial College Guidelines (JCG) to help them assign value to any injuries. The JCG contains guideline compensation brackets for different serious injuries. Whilst we have included a selection of these in the table below, you should only use them as a guide because the outcome of each individual serious injury claim will differ.
|Multiple Serious Injuries||Up to £1.5 million and above||Compensation for more than one serious injury, plus compensation for financial losses.|
|Paralysis - Quadriplegia||£324,600 to £403,990||Paralysis of both the lower and upper body.|
|Head - Very Severe||£282,010 to £403,990||Full-time care is needed.|
|Back - Severe (i)||£91,090 to £160,980||Spinal cord and nerve root damage that causes severe disability and pain with a combination of other issues.|
|Neck - Severe (i)||In the region of £148,330||Incomplete paraplegia from an associated neck injury.|
|Arm - Amputation (i)||Not less than £137,160||One arm is amputated at the shoulder.|
|Leg - Severe (i)||£96,250 to £135,920||Injuries such as an extensive degloving of the leg.|
|Pelvis And Hips - Severe (i)||£78,400 to £130,930||Injuries featuring extensive pelvic fractures.|
|Loss Of Earnings||Up to £100,000 and more||Compensation for lost income caused by absence from work due to the injuries sustained.|
Claiming Special Damages In A Serious Injury Claim
The second potential head of claim that could be awarded is special damages. This compensates for the financial losses resulting from injuries. Among the losses you could claim for are:
- A loss of earnings if you cannot work due to injury.
- Travel costs.
- Medical fees, such as prescription costs.
- The cost of home or vehicle adaptation.
You must collect evidence of your financial losses. This could be receipts, bank statements, payslips or invoices.
Talk to our advisors today to learn what you can claim for and how settlements are calculated in successful personal injury claims.
Our panel of personal injury solicitors has years of experience in helping claimants with seeking road traffic accident compensation. They could help you if you have valid grounds to start legal action.
The solicitors from our panel work under an arrangement known as a Conditional Fee Agreement, which is a type of No Win No Fee contract. Under the terms of this contract, they typically would not charge you for their work:
- During your claim;
- If the claim loses.
Your solicitor will take a success fee, which is a percentage of the compensation received in a winning claim. The Conditional Fee Agreements Order 2013 applies a cap to the amount they can collect.
Our advisors can help you understand if you have a valid claim and connect you to a solicitor from our panel if you do. They can also offer further guidance on serious injury claims. To reach them, you can:
We have other guides giving an insight into personal injury claims, such as these:
- Find out more information on how serious injury lawyers could help you seek compensation.
- Learn how to claim for a serious spine injury following an accident that wasn’t your fault.
- Read our guide if you are a pedestrian who was hit by a car to find out how much compensation could be awarded.
For more external resources:
- Think! – Road safety laws.
- GOV.UK – Statutory Sick Pay.
- National Highways – Request traffic camera footage.
Please call our advisors today if you need any other support regarding making a serious injury claim after a car accident.
Page by DH
Published by NL