In this guide, we discuss serious injury claim payouts. A serious injury is an injury that has a severe and long-term impact on your life, such as a serious brain injury, paralysis, or amputation. If you have an eligible claim that succeeds, compensation could be awarded to address the impact a serious injury has had. We explore how payouts are calculated and what they could consist of.
We also provide an illustrative case study to show the process of making a serious injury claim and the compensation that could potentially be awarded after this type of accident.
Additionally, we discuss who may be eligible to take legal action after being injured in an accident, and the duty of care certain third parties owe to prevent injuries in public places, on the road, and at work.
Furthermore, we discuss what evidence can prove third-party liability and how a solicitor could assist you in building your case.
For more information about serious injury claims, please contact an advisor using the contact details below:
Jump To A Section
- Information About Potential Serious Injury Claim Payouts
- Case Study: £1.5 Million Payout When Claiming For A Serious Injury
- What Is The Eligibility Criteria When Making A Claim For A Serious Injury?
- What Evidence Could Help You Claim For An Injury?
- Make A No Win No Fee Claim
- Learn More About How To Claim For An Injury
Serious injury claim payouts are influenced by several factors, including:
- The severity and pain of your injury.
- Your symptoms and treatment.
- Your recovery time.
- The change in your daily routine and quality of life.
- The impact on your mental health.
- Whether there were any financial effects.
Generally, though, settlements can comprise up to two heads of loss. The first is general damages which will be awarded following a successful claim. This compensates for the pain and suffering caused by your injuries, both physical and psychological.
To calculate the value of general damages, solicitors can look at the Judicial College Guidelines (JCG) and your medical records as guidance. The JCG contains guideline award brackets corresponding to different types of injuries.
You can find some of the figures from the JCG in the table below. Please use these figures as guidance only.
|Up to £1,000,000+
|Compensation for several serious injuries and the financial losses caused by them.
|£324,600 to £403,990
|Paralysis of the lower and upper body.
|£219,070 to £284,260
|Paralysis of the lower body.
|Very severe (a)
|£282,010 to £403,990
|The person needs care on a full-time basis.
|Moderately severe (b)
|£219,070 to £282,010
|A very serious disability either physical or cognitive.
|Severe (a) (i)
|In the region of £148,330
|Cases including permanent spastic quadriparesis.
|Severe (a) (ii)
|£65,740 to £130,930
|Damage to discs in the cervical spine causing considerably severe disabilities.
|Loss Of Earnings
|Up to £100,000+
|Compensation to reimburse lost income from time taken off work due to injuries.
Claiming Special Damages In Serious Injury Claims
Special damages is the second head of loss which can be awarded if general damages are included in a settlement. This compensates you for the past and future financial losses your injury has caused you, such as:
- Medical costs.
- Care costs.
- Loss of earnings.
- Travel costs.
- The cost of adapting your house.
You need proof of your financial losses, such as receipts, invoices, bank statements, payslips, and travel tickets.
If you wish to learn more about serious injury claim payouts, and what you can be compensated for, please speak to our team of advisors by calling the number above.
Below, we have provided a figurative case study with the purpose of showing you how serious injury claim payouts may be calculated and how to seek compensation.
Mr. Morgan had been in a rear-end collision whilst on his way to work. The driver behind him was exceeding the speed limit, meaning when Mr Morgan stopped for the traffic ahead, the driver behind him could not slow down in time.
In the hospital, the doctors declared that Mr Morgan had suffered a serious back injury involving damage to the spinal cord leading to paralysis, meaning he would need mobility aid and full-time care for the rest of his life and would be unable to return to work.
After seeking legal advice, he decided to start a claim to seek personal injury compensation. He instructed a solicitor to help him through the claims process, including help gathering evidence and sending correspondence within the time limit.
Mr. Morgan won his case and was awarded a settlement of £1.5 million which included compensation for the impact his injuries had on his quality of life as well as compensation for the financial impact caused by the injuries.
To discuss your specific case and find out whether you’re eligible to claim for a serious injury, call our team on the number above.
Serious injury claim payouts may only be awarded if third-party liability is proven.
Therefore, to have a valid personal injury claim, you must meet the eligibility criteria, proving that:
- You were owed a duty of care by a third party.
- The third party breached this duty of care.
- Your injury happened because of this breach.
Below, we have provided information on the duty of care owed by employers, occupiers and road users. You can also find examples of how an accident could occur if their duty is not adhered to.
Accidents At Work
Your employer owes you a duty of care, as stated in The Health and Safety at Work etc. Act 1974, to take reasonable as well as practicable steps in order to minimise the risk of you as an employee injuring yourself whilst at work. A failure to do so could lead to a serious accident at work. For example:
- Your employer may provide you with a faulty ladder to use when working from a height on building or construction site. This could lead to you falling from a height and sustaining a broken neck with nerve damage.
Accidents In A Public Place
Anyone with control of a public place owes you a duty of care to ensure your reasonable safety whilst you are visiting their space. This duty is outlined in the Occupiers’ Liability Act 1957. Failure to adhere to this duty could lead to an accident in a public place. For example:
- A shop sign may have been fitted incorrectly causing it to fall and hit a customer in the head. The customer may have sustained serious brain damage as a result.
Road Traffic Accidents
Road users owe a duty of care to each other whilst using the road to minimise the risk of causing harm or damage to themselves or others. To adhere to this duty of care, they must follow the rules in The Highway Code and the Road Traffic Act 1988. If they failed to do so, it could lead to a road traffic accident. For example:
- A road user could use their mobile phone while driving, making them less aware of their surroundings. As a result, they cause a car crash on the motorway due to driving without due care and attention. This leads to the other driver involved in the crash to sustain multiple serious injuries, such as a fractured spinal cord and traumatic amputation to the arm.
To discuss the unique circumstances surrounding your case, please contact an advisor. They can advise when serious injury claim payouts could be awarded to help you understand whether you have a valid case.
Evidence can help support a serious injury claim by proving that the harm suffered resulted from a breach of duty by a third party. You could gather, for example:
- Dashcam or CCTV footage.
- A diary noting your psychological and physical symptoms.
- Photographs of the accident and the injuries.
- Contact information from any witnesses.
- Copies of your medical reports.
Medical evidence, such as an independent medical report organised as part of the claims process, can help value serious injury claim payouts. You won’t have to organise this assessment yourself.
For more information about the steps you could take to build and support your claim, please contact an advisor on the number above.
A Conditional Fee Agreement (CFA) is an agreement that our panel of No Win No Fee solicitors could offer you. With a CFA, if your serious injury claim is successful, your solicitor will take a capped percentage of your compensation as their success fee. However, if the case loses, you do not have to pay this fee.
The solicitors from our panel have experience handling serious injury claims and can assist you in many ways. For example, they can help you collect and present evidence to support your claim, as well as value your settlement and ensure all correspondence is sent within the relevant time frame.
If you would like to work with them on a No Win No Fee basis, please contact an advisor. They can also offer further guidance on other aspects of the claims process, including eligibility and how serious injury claim payouts are calculated.
To find out more, you can:
For more of our guides:
- Learn about the personal injury claims time limit.
- More information on how to make a successful personal injury claim.
- Find out how to claim for an amputation.
- If you’ve had an accident and as a result you have permanent damage find out how to claim in this article which also over the different types
For more external resources:
- GOV.UK – Information on Statutory Sick Pay (SSP)
- NHS – Learn when to call 999
- NHS – Find out more about paralysis.
If you have any other questions about serious injury claim payouts, please contact an advisor on the number above.
Page by EY
Published by NL