After suffering a serious injury, this could have detrimentally affected your daily social and working life. You may be experiencing immense pain as well as suffering various financial losses. Therefore, you may be wondering, ‘How much compensation for serious injury claims could be awarded?’. In this guide, we examine how your compensation may be calculated.
Key Takeaways:
- How much compensation for serious injuries you could receive can depend on a number of factors.
- You are able to claim for a serious injury as long as you can prove that it was someone else’s fault.
- You are able to claim on behalf of someone else if they cannot claim for themselves.
- You generally have 3 years to start a personal injury claim.
- Our panel of No Win No Fee solicitors can help you start your claim.
Contact Us
Our advisors are on hand to answer any queries you may have and assess the basis of your claim. Contact them today by:
- Using our live chat
- Calling 0800 408 7826
- Contacting us online
Jump To A Section
- How Much Compensation For Serious Injury Claims
- How Is Compensation For Serious Injuries Calculated?
- Who Can Make Serious Injury Claims?
- How Long Do You Have To Claim For Compensation?
- Can I Claim On Behalf Of A Loved One That Has Suffered A Serious Injury?
- What Is Classed As A Serious Injury?
- What Do You Need To Do In Order To Make A Claim?
- Should I Work With A No Win No Fee Solicitor For My Serious Injury Claim?
- Charities And Organisations That Can Provide Further Support
- More Information
How Much Compensation For Serious Injury Claims
You may be asking, ‘How much compensation for serious injury claims can I receive?’ For a severe back injury, for example, according to the Judicial College Guidelines (JCG), compensation could be between £47,000 – £196,000.
The JCG is a document that contains compensation guidelines for various severities of a range of injuries. It may be used by those calculating your general damages. This is the head of claim that compensates you for the pain and suffering of your injuries. Every successful claimant receives general damages.
In the table below, you can find more figures from the JCG regarding serious injuries. Please note, however, that the first entry has not come from the JCG.
| Injury | Compensation Amount | Notes |
|---|---|---|
| Multiple Serious Injuries and Special Damages | Up to £1,000,000+ | Multiple severe injuries and financial losses, present and future. |
| Very Severe Brain Injury | £344,150 to £493,000 | Little to no response to stimulus, little to no language function. |
| Paralysis - Tetraplegia | £396,140 to £493,000 | Significant loss of mobility, potential brain damage. Loss of bladder, bowel and sexual function. |
| Arm Amputation | £293,850 to £366,100 | Loss of both arms |
| Leg Amputation | £293,850 to £344,150 | Loss of both legs above the knee or one below and the other above. |
| Severe Back Injury (i) | £111,150 to £196,450 | Severe damage to spinal cord or nerve function paired with incomplete paralysis. |
| Severe Neck Injury (i) | In the region of £181,020 | Despite wearing a collar for years, there will still be no neck movement. |
| Severe Pelvis & Hips Injury (i) | £95,680 to £159,770 | Severe pelvis fractures involving the dislocation of the lower back joint. |
| Burns covering 40% of the body | Likely to exceed £127,930 | Percentage of body covered, severity of burns (superficial or thick) will affect the amount awarded. |
Can I Claim For The Financial Losses Caused By A Serious Injury?
You could also claim for the financial losses caused by a serious injury. These would be awarded under the secondary head of claim known as special damages. Examples of what you could claim for under this heading include:
- Loss of earnings and future earnings
- Mobility aids
- Travel costs
- Medical expenses
- Home alterations
The aim of special damages is to put you in the same financial position you were in before you suffered the serious injury.
Contact one of our advisors today for more information on how much compensation for serious injury claims could potentially be awarded.
How Is Compensation For Serious Injuries Calculated?
As aforementioned, when your general damages compensation is being calculated, reference could be made to the JCG as well as any medical evidence. Factors that will be taken into consideration include:
- The severity of the injury
- How long it takes for you to recover
- Whether your injuries have affected your quality of life
- How much evidence you have to support your claim
For special damages, documents of these financial losses, such as wage slips, invoices and bank statements, will be used to calculate how much compensation you could receive.
What Are Interim Payments?
Interim payments are a percentage of your compensation awarded to you prior to the claim settling if you have immediate costs you need to pay, such as paying for your medical treatment.
However, these are only awarded to you if the defendant has admitted liability or there is a high chance of your claim succeeding in court.
Rehabilitation And Care
Your compensation can also be used to cover your rehabilitation and care. Depending on your injury, the care and rehabilitation you might need can vary. For example, it may involve physiotherapy, round-the-clock nursing care or psychological counselling.
These types of care can be costly, and the purpose of compensation is to reduce these costs and help you to afford all of the medical help you need during your recovery.
Our panel of helpful and friendly solicitors work closely with a number of rehab specialists who can assist you through your recovery process. Contact us today to see how we can help.
What Happens If I Am Unable To Return To Work?
If you are unable to return to work due to your injuries, this can result in lifelong lost earnings; in this case, you could potentially claim special damages for any past or future losses.
However, you may need to provide you previous payslips to help with calculating how much compensation you could potentially receive for your past and future lost earnings.
Can I Claim Compensation If I Need Adaptations In My Home?
If you have suffered a serious injury, it may have left you permanently disabled or unable to use your home the way you were able to before the injury. Special damages would consider the requirement for any home adaptations. For example, if you require a wheelchair ramp or a wetroom to be built, this head of claim will consider any home alterations you may need.
If you are wondering, ‘How much compensation for serious injury claims could be awarded?’, you can contact one of our advisors today.
Who Can Make Serious Injury Claims?
You can make a serious injury claim if you can prove negligence took place. In personal injury law, negligence is when:
- You were owed a duty of care
- This duty was breached
- You were injured as a result of this breach.
Serious injury can occur in a number of different situations, whether this be an accident in the workplace, a road traffic accident or an accident in a public place. In all three situations, you are owed a duty of care, and reasonable steps need to have been taken to maintain your safety.
A duty of care means an obligation to take proper care to avoid any reasonable harm. Examples of when you are owed a duty of care include:
- Under the Health and Safety At Work etc. Act 1974, employers have a duty of care to take reasonable steps to ensure your safety at work.
- All road users owe a duty of care to use the roads in a manner that avoids causing a road traffic accident. They must also comply with the Road Traffic Act 1988 and the Highway Code.
- Under the Occupiers’ Liability Act 1957, the person in control of the premises has to do all they can to keep visitors reasonably safe.
To see whether you may have a valid case or to find how much compensation for serious injury claims could be awarded, you can contact our advisors.
How Long Do You Have To Claim For Compensation?
In most cases of personal injury, the Limitation Act 1980 states you have 3 years from the date of the accident to start your claim. However, there are two main exceptions to this rule:
- If you were under the age of 18 when the injury occurred, you’ll have 3 years to start a claim from the date of your 18th birthday.
- If the person lacks the mental capacity to claim for themselves, the time limit is suspended. If they recover, the time limit is reinstated, and they will have 3 years from the date of their recovery.
If you are unsure whether your claim still falls within the time limit, contact us today to see how we can help.
Can I Claim On Behalf Of A Loved One That Has Suffered A Serious Injury?
Yes, you could make a claim on behalf of a loved one who has suffered a serious injury. In these instances, you would need to be appointed by the court as their litigation friend.
There are two situations where a litigation friend could be used as the claimant is unable to make their own claim:
- Cases involving children under the age of 18
- Cases where the person lacks the mental capacity to manage their own claim
A litigation friend is responsible for signing legal documentation, meeting with solicitors, attending court hearings and making decisions about the case.
To learn more about claiming on behalf of another, you can contact a member of our advisory team.
What Is Classed As A Serious Injury?
There are various types of injuries that could be considered as a serious injury, we have listed some examples below.
Spinal Cord Injuries
Spinal cord injuries are common in cases of serious injury. These types of injury may have caused:
- Tetraplegia
- Paraplegia
- Total loss of limb movement, bowel or sexual function
- Nerve damage or loss of sensation
Spinal cord injuries can happen in a number of different accidents, for example, if you have been involved in a serious road traffic accident and suffered impact blows, this may have led to a spinal cord injury.
Brain Injuries
Traumatic brain injury can have a huge impact on the person who has been injured. It may have resulted in:
- Loss of cognitive function
- Emotional or behavioural changes
- Difficulty moving or maintaining balance
- Loss of senses, such as sight or smell
- Paralysis
Traumatic brain injury can be a result of a fall from a defective ladder at work, or as a result of being involved in a road traffic accident.
Amputations
There are two types of amputation you could suffer – surgical or traumatic. Surgical amputation could result from your arm needing to be amputated after suffering a severe crush injury in an accident. A traumatic amputation is where your limb is amputated in the accident. Following an amputation you may need:
- Prosthetic limbs
- Psychological counselling
- Physical rehabilitation
Severe Burns
Severe burns are an example of serious injury. They could result in:
- Shock
- Infection
- Severe cases can cause sepsis or toxic shock syndrome
- Disfiguration
- Permanent scarring
For example, you may have suffered a severe burn injury if you handle dangerous chemicals at your job and your employer failed to provide you with necessary personal protective equipment (PPE), such as safety gloves.
Fatal Accidents
Unfortunately, in some cases where serious injury has occurred, the accident may have resulted in death. In these situations, you could potentially make a claim on behalf of the deceased or as a dependent.
If you are wondering how to claim on behalf of the deceased, contact our helpful and friendly advisors today, who can assist you with the next steps.
What Do You Need To Do In Order To Make A Claim?
In order to start a claim, you will need evidence. The type of evidence you will need depends on how the serious injury occurred. The evidence you need to claim for serious injury will include things like:
- Photographs of your injuries
- Any videos of the accident as it happened, such as CCTV or traffic cameras
- Witness contact details, so their statements can be taken later
- GP reports, medical records or the results of an independent medical assessment
- Invoices, receipts and other financial expenses
If you choose to work with a solicitor, they can help you collect evidence. Our panel of expert solicitors have decades of experience, and they can help support your claim with different kinds of evidence. Contact our advisors to learn more.
Should I Work With A No Win No Fee Solicitor For My Serious Injury Claim?
Our panel of expert solicitors work under a type of No Win No Fee contract known as a Conditional Fee Agreement. What this means is that you would not be expected to pay for their services:
- Upfront
- During the progression of the claim
- If the claim is not a success
A success fee would be deducted from your compensation by your solicitor if the claim is successful. The percentage of this success fee is limited by law.
Contact Us
If you would like to learn more about working with a No Win No Fee solicitor on our panel, or have any questions regarding how much compensation for serious injury claims could potentially be awarded, you can contact one of our helpful advisors:
- Using our live chat
- Calling 0800 408 7826
- Contacting us online
Charities And Organisations That Can Provide Further Support
If you require help, below are a number of charities which may be able to support you during this difficult time:
Aspire – provide help to those who have suffered a spinal cord injury
Headway – helps support those who have suffered traumatic brain injuries
Changing Faces – offers counselling and wellbeing support to those who have had an amputation
British Burn Association – provides helpful resources and support to those who have experienced severe burns
More Information
Below, you can read more of our compensation claims guides:
- Learn how much compensation you could potentially be eligible for after suffering manual handling injury in the workplace.
- Guidance on making a data breach claim.
- Our guide on how to claim for medical negligence.
Some useful external resources:
- Government guidance on statutory sick pay.
- Learn when to call 999 from the NHS
- Guidance on how to request CCTV footage from Gov.UK
If you are still wondering, ‘How much compensation for serious injury claims could potentially be awarded?’, contact our team today.