Claiming Compensation for Serious Injuries & Major Traumas

Here at Truth Legal we have a track record of claiming compensation for serious injuries and major traumas. If you’ve suffered a permanent and catastrophic injury it can impact every single aspect of your life, from your ability to work to your family life and the amount of care you’ll need in the future.

Serious injury claims are made against people or bodies including local authorities, NHS Trusts, employers, businesses and private medical practitioners. As well as injuries caused by accidents, serious injury claims might be based on diseases or conditions caused by long term working conditions.

In all cases, a serious injury claim will be successful if you can show that it happened because another party failed in their duty of care. This failure caused an accident, and the accident led to your serious injury.

Serious injury claims for compensation are meant to reflect the pain and suffering your injury has caused and the impact it has had and will have on your life. They are also meant to ensure that you’re not left out of pocket because of money you have to spend in order to live with long term injuries or conditions.

In some cases, you may be able to make a claim following the death of a loved one in an accident caused by negligence, if the serious injuries involved prove to be fatal. In all cases we handle serious injury claims on a no win no fee basis.

What Defines a “Serious Injury” in the Eyes of the Law?

There is no definition of a ‘serious injury’ in the eyes of the law. There is general agreement, however, that a serious injury is one that leaves a person unable to lead a fully independent life and return to work, one that needs surgical intervention, hospital treatment and longer term medical care or one which causes death following an accident.

Serious injury claims are different from other personal injury claims because the complexity of the injuries and the impact they have mean that the claim may take longer and require more specialist knowledge. The injured person may have to stop working or change jobs, and will often require long term care and help with everyday tasks.

In addition, adaptations to the home of the injured person might be needed, and in some cases family members may have to give up their jobs or move in order to provide care. All of these factors are likely to mean that serious injury claims involve significant sums of money in order to cover the costs involved and the impact the injury has had.

Do I need a Solicitor or Legal Expert for a Serious Injury Claim?

In legal terms, you don’t ‘need’ a solicitor or legal expert for a serious injury claim, but claiming compensation without expert legal support would be extremely risky. Serious injury claims are highly complex, involving medical as well as legal expertise, and managing your own claim could lead to the claim failing, or insufficient compensation being paid.

We’ve successfully managed multiple serious injury claims of every type. Following an initial 30 minute consultation, provided free of charge, we’ll have a clear idea of whether your injuries were caused by negligence.

If we think you have a strong case to claim compensation for a serious injury we’ll guide you through the process step by step, offering support as well as legal expertise. We have extensive experience of serious injury claims, and an expert understanding of the kind of evidence needed to prove that another party was negligent.

We’ll arrange medical evaluations to build a clear picture of the serious nature of your injuries, the impact they have had on you and the way in which they are likely to affect the rest of your life. We’re also used to dealing with parties such as employers, insurers, medical practitioners and local authorities, and understand how to negotiate for the fairest possible outcome.

Do Solicitors work on a ‘No Win No Fee’ basis with Serious Injuries?

Yes, we work on a no win no fee basis with serious injury claims. This means that you can make a claim for compensation having suffered serious injuries without having to make any payments up front, and with no concern about legal fees going forward.

Our no win no fee approach means that we handle all aspects of the claim free of charge, from arranging medical evaluations to negotiating with the other party. We only ever take payment in the form of a ‘success fee’ if you are awarded compensation, and this will never be more than 25% of the compensation awarded.

If the claim is unsuccessful the costs of the other party will be covered by After the Event (ATE) insurance. We encourage all claimants to take out ATE insurance, although in some cases your home or car insurance policies may already offer this kind of cover.
Our no win no fee approach to personal injury claims means that you can seek the compensation you deserve without having to worry about whether you can afford legal help.

How much Compensation can I expect to win from a Serious Injury Claim?

The compensation you can expect to win for a personal injury claim will be significantly higher than for other types of personal injury claim, and is likely to run from tens of thousands of pounds to millions in the most serious of cases. The exact figure depends on the exact nature of your injury and the long term impact it will have.

The compensation will be made up of general damages and special damages. These are calculated in the following ways:

General Damages

The amount paid for general damages is calculated on the basis of the pain and distress suffered, the part of the body that is injured and ‘loss of amenity’. Loss of amenity covers the way in which the injury stops you from doing things like hobbies leisure pursuits and everyday activities.
The Judicial College Guidelines (JCG) is a publication which is used as a guide to the amount that should be awarded in general damages. Amounts in the latest edition of the JCG include:

• Moderately severe brain injury – £267,340 to £344,150
• Very severe brain damage – £344,150 to £493,000
• Severe psychiatric damage – £66,920 to £141,240
• Severe back injury with spinal cord damage – £111,150 to £196,450
• Loss of both legs below the knee – £245,900 to £329,620
• Serious impairment of bladder control with some pain and incontinence – £78,080 to £97,540

Special Damages

Special damages are intended to cover the financial impact of a serious injury. They should be enough to put you in the same financial position as you would have been in if the serious injury had never happened.

Special damages include a sum to make up for any loss of earnings arising from your serious injury. This could be because the injury stops you working altogether, means that you have to take an extended break from work, or necessitates a switch to another job entirely. The same will apply to any pension provision which has been lost.

The team at Truth Legal will also make sure that you claim for all other expenses directly connected to your serious injury. These will include the following:

• Medical bills for treatment and medication arising from your serious injuries now and in the future
• Money which you have to spend on care services to help you live your life with your injuries. Now and in the future
• The money you have to spend on specialised equipment to cope with your serious injuries. This could include things like a wheelchair, a specialised bed or a mobility scooter.
• The money which you have to spend on adaptations to your home or vehicle. In the case of serious injuries these could include fitting a stair lift or a downstairs bathroom to help with mobility issues or adapting a vehicle so you are able to use it following the loss of limbs.
• Travel costs directly related to your serious injuries, such as the cost of attending multiple medical appointments
• The cost of any counselling or therapy required as a result of your serious injuries

We advise all of our clients to keep detailed records of everything they spend following a serious injury in order to make sure that all allowable expenses are included in their compensation claim. You should also keep a record of the time which friends or family members spend caring for you, as this could impact the amount of special damages awarded.

Types of Serious Injuries you can claim Compensation for

You can claim compensation for any serious injuries if they happened because another party was negligent in some way. The nature of serious injuries is such that they are likely to impact over the long term and possibly for the rest of your life.

Back & Spine Injuries

Back and spine injuries could lead to losing the use of your legs, or even complete paralysis. Your serious injury claim would include payment for lost earnings and the need to use wheelchairs and other mobility aids.

Head Injuries

A serious head injury could leave you with problems around hearing, sight and speech. It could make it difficult or impossible to earn a living, and mean that you have to access care on a regular basis.

Brain Injuries

A serious brain injury caused by an accident will leave you with long term medical and care requirements. It will also severely impact your ability to earn a living, and require adaptations to be made to your home, or for you to live somewhere else.

Broken & Fractured Bones

Seriously broken and fractured bones could leave you with long term or permanent damage. This could limit your ability to move, even after the bones have ‘healed’, and impact your future earning power.

Burn & Scarring Injuries

Serious burns or scarring could have severe physical and psychological effects. They could cause long term pain and suffering, and impact on all aspects of your life.

Accident in workplace

Your employer has a legal duty to provide the safest possible working environment. If they fail in their duty of care and you suffer serious injuries in a resulting accident then you may be able to claim compensation to help live the rest of your life.

Causes of Chronic Illness

Chronic illnesses which impact on health on a long term or permanent basis can be caused by poor working conditions. Examples include RSI, asbestos-related illnesses and mesothelioma.

Dog Bites

Bites from dogs – particularly larger, more powerful dogs – could cause permanent scarring, damage to eyes or limbs and, in the most extreme cases, fatal injuries. Negligent behaviour from the owner of the dog could mean that you can claim compensation.

Slips, Trips & Falls

Slips, trips and falls can sometimes be relatively minor, but could also lead to head or spine injuries causing permanent injury, limited movement, paralysis and even death.

Lacerations & Cuts

Lacerations and cuts could be caused by an accident in the workplace and could lead to scarring, limited movement and a loss of earnings.

Welfare & Lost Income

Any income lost because a serious injury limits your ability to work, or stops you working altogether, could be reimbursed by the special damages portion of a successful compensation claim.

Amputation/Decapitation of Limbs & Loss of Limb Functions

Amputation and the loss of limbs or limb function will have a permanent and life-changing impact. A serious injury claim could compensate for loss of earnings, the impact on family life and the care and medical help you might need for the rest of your life.

Resulting Disabilities from Injury

If a serious injury leaves you with a long term disability this could impact your ability to earn a living as well as causing a loss of amenity and generating long term care or medical requirements. All of these will from part of any serious injury claim handled by Truth Legal.

Death & Fatalities

If a loved one is killed in a serious accident caused by negligence you could make a compensation claim. This claim would apply to any pain and suffering your loved one experienced and the loss of financial support for their dependents.

What does a Serious Injury Claim Process Involve?

A serious injury claim involves a complex process which sometimes takes many months to resolve. The team at Truth Legal will simplify matters by guiding you through that process on step at a time, offering empathetic support and advice as well as legal expertise.

The process breaks down as follows:

Immediately following an incident which causes a serious injury you need to seek medical attention. Quick and effective medical intervention could be life-saving, and will increase your chances of recovering to some degree.

Prompt medical help will also create an official record of the accident, including the full extent and seriousness of your injuries.

The accident should be reported to the proper authorities. In the case of a workplace accident leading to serious injuries, this will mean recording it in an accident book, while road traffic accidents should be reported to insurers and the police where applicable, and cases of medical negligence should be brought to the attention of the relevant practitioners or NHS trust.

The treatment you require following serious injuries may stop you from reporting the accident immediately, but you should do so as soon as you are able. If no official channel exists you should send an account of the accident via email to the person or body you feel has been negligent.

If you think your serious injuries happened because another party was negligent then contact Truth Legal. During your initial free consultation we’ll explain how serious injury claims work, take down the details of your case and decide whether you may be entitled to compensation.

If we think you deserve to be compensated because another party was negligent we’ll start gathering the evidence to build a strong claim. This will include when and where the accident happened, how you came to be injured, and any evidence showing that another party acted negligently.

We will arrange a medical evaluation to gain a full picture of the extent of your injuries, how serious they are, and the impact this has had on your life. The evaluation will also give an idea of the long term prognosis and the impact the injuries are likely to have in the future.

With your permission we’ll access your wider medical records to track the treatment you receive because of your serious injuries. Your state of health prior to the injuries happening will also help to demonstrate the serious impact they have had.

At the same time as this we will contact the party who caused your injuries through negligence and tell them that we are claiming compensation. We’ll use our experience of serious injury claims to present your case as clearly as possible, referencing any similar cases in which we have won compensation.

The other party may admit liability and offer compensation. If they do we’ll evaluate that offer and decide if it is fair in terms of the general and special damages awarded. The complex nature of serious injury claims means that even after the other party has admitted liability it could take some time to agree a fair amount of compensation.

If liability is admitted but the nature and impact of your injuries means it will take longer to decide on a fair compensation payment, we will apply for interim payments. These are designed to cover costs such as care and medical bills until full compensation is paid.

If the other party won’t admit liability, or refuses to offer a fair level of compensation, your serious injury claim will go to court. Our expert team have experience of fighting cases of this kind in court, and will work to ensure you receive the compensation you’re entitled to.

How do I Start a Serious Injury Compensation Claim?

You start a serious injury compensation claim by contacting the team at Truth Legal. You can call us or fill out the form on the website. We’ll take the details of your serious injuries and assess if it sounds like you’ve been the victim of negligence.

If your serious injury was caused by the negligence of another party we’ll explain how the serious injury claims process works and how we’ll work with you every step of the way. We’ll set out our no win no fee approach, and the fact that it means we can get to work for you without an upfront payment or mounting legal costs.

Once you decide to make a compensation claim we’ll take a detailed statement from you and start gathering the evidence we need.

We’ll also arrange a medical evaluation of your injuries and the impact they’ve had, and seek an admission of liability from the other party. We always try to get a settlement as quickly as possible, but the complex nature of serious injury claims means that the emphasis will be on winning the compensation you need to live the rest of your life as fully as possible.

If this means taking your claim to court then we’ll do that, and if possible we’ll seek interim payments to make your life easier while the claim is being settled. At all times we’ll communicate the progress of your claim in clear, jargon free language, explaining what is happening and offering empathetic support.

We know how upsetting, stressful and life-changing a serious injury can be for you and your loved ones, and our no win no fee claims process is tailored to help you take the first steps toward putting your life back together.

When we work on your serious injury claim you can relax in the knowledge that you won’t face any unexpected costs, and will get to keep the majority of any compensation you are awarded. Fill in a contact form today, and leave everything else up to the experts at Truth Legal.

How long after a serious injury occurred can I make a claim?

A personal injury claim needs to be made within three years of the accident which caused the injury. In the case of illness, the three year limit runs from the ‘date of knowledge’, which is the date when an injured person first becomes aware that : 1) they have suffered injury , and 2) the injury is attributable, at least in part, to someone else’s negligence, breach of duty or other wrongful act. . This would apply to workplace illnesses or conditions caused by medical negligence.

Exceptions to the legal three year time limit include the following:

If a brain injury has left you ‘mentally incapacitated’ and unable to make a claim during those three years

If you were less than 18 years old at the time of the accident, in which case the three year time limit will run from the date of your 18th birthday

How long does the claim process take?

A serious injury case is more complex than other personal injury cases, and will probably take 2-4 years to be resolved. The exact time will depend upon the extent and severity of the injuries and the response of the other party.

Throughout the process we will provide an estimated timeframe based on our experience of handling serious injury claims. If liability is admitted
but multiple or complex injuries mean that it takes longer to decide on the amount of compensation, we will apply for interim payments.

Interim payments will cover on-going costs arising from your injuries, and will be deducted from the total of any compensation you later receive.

Who pays out for my claim?

In the vast majority of cases serious injury claims are paid out by an insurer. If your serious injury happened in a workplace, for example your employer will be covered by Employer’s Liability Insurance while most businesses or organisations take out Public Liability Insurance against visitors or customers being injured.

NHS trusts have an arm’s length body called NHS Resolution to manage and resolve claims against the NHS and will cover the cost of any compensation which has to be paid. Private medical practitioners will have their own insurance in place.

Serious injury claims relating to road traffic accidents are usually paid by the insurance carried by the other road user involved. If the other party can’t be traced or is uninsured, compensation can be claimed from the Motor Insurers’ Bureau (MIB).

Will I be required to undergo medical evaluations as part of the claim process?

Yes, you will be required to undergo medical evaluations as part of the serious injury claim process. An evaluation will allow us to ascertain the exact extent and severity of the injuries you’ve suffered, as well as getting an expert opinion on what the future is likely to hold.

Given the complex nature of serious injuries there’s a very good chance you’ll have further medical evaluations to track your progress and response to any treatment received. There’s also a good chance that the other party could ask for a medical evaluation for their own records.

Will I be required to attend and/or testify in court as part of my claim?

A negotiated settlement is reached in most cases, without the need for you having to attend court. If your serious injury claim goes to court you will probably need to attend and/or testify. Your personal testimony could help to underline the serious and life-changing nature of your injuries, and the Truth Legal team will be by your side offering support and guidance throughout.

Can I make a serious injury claim via CICA?

You can make a serious injury claim via CICA (Criminal Injuries Compensation Authority) if the serious injuries you’ve suffered happened as the result of a violent criminal act. This kind of claim could be preferable if you don’t know the identity of the other party, don’t think they would be able to pay any compensation awarded, or don’t want to face them in court.

The following criteria apply to CICA claims:

• In most cases, the claim must be made within two years of the violent crime taking place
• The crime needs to have been reported to the police, but the other party does not have to have been convicted.
• The definition of a violent crime used by CICA is an attack, a violent act that causes harm, the threat of an attack causing genuine fear that harm would occur, sexual assault and arson.

Will I need to pay any upfront costs for a solicitor?

No, you won’t need to pay any up-front costs for a solicitor because your serious injury claim will be taken forward on a no win no fee basis. This also means that you’ll be keeping the majority of any compensation awarded.

Can I make simultaneous claims for multiple injuries?

Serious injury claims often involve multiple injuries, but you won’t need to make simultaneous claims. All injuries will be included and assessed for the impact they have had on your life.

The most serious of multiple injuries will be paid in full, and amounts added to the overall compensation for each less severe injury. The way in which injuries interact, and the cumulative impact of multiple injuries on your life will also be taken into account when the total amount of general damages is decided.

What needs to be legally proven to win my claim?

In order to win your serious injury claim, the following facts need to be legally proven:

• You were owed a duty of care by an individual or body
• The individual or body which owed that duty of care failed to meet it
• You suffered an injury or illness as a result of that failure

What evidence will help my claim be successful?

Evidence that will help your serious injury claim to be successful includes the following:

• Medical records which set out the extent and severity of the injuries you’ve received and explain the likely prognosis for any future recovery.
• This will include the results of any medical evaluation arranged by Truth Legal
• An official record of the accident or conditions which caused your serious injuries. This could take the form of an entry in an accident book, a police report or your own account as supplied to the relevant party
• Accounts given by any eye-witnesses to the accident which caused your serious injuries

If possible you should collect photographic evidence of the scene of the accident. This could capture issues such as faulty equipment, poor working conditions or a dangerous walking surface.

If the location of an accident is covered by CCTV cameras you should request a copy of any footage recording what happened. If the accident happened in a public place with CCTV coverage, you have a legal right to request any footage in which you feature.

Any evidence showing that the other party had previously been made aware of the issues or issues which caused your accident. This could include an employer being warned about a faulty piece of equipment or a local authority repeatedly failing to repair a pothole.

The accident book or incident log of an employer or other body could provide evidence of an existing poor safety record, or prior knowledge of the issue responsible for your accident

Your own personal account of the accident and the serious injuries you’ve suffered. Details such as the impact on day to day living should be set down while they are still fresh in your mind to ensure that the claim builds an accurate account of your injuries.

You should keep detailed records and receipts for any expenses arising because of your injuries. Examples might include:

• Medical bills
• Care costs
• The cost of any medical aids you require because of your injuries
• Any money you have to spend on adapting your home and/or vehicle to maintain accessibility following your injuries, up to and including the cost of having to move to a new home
• The cost of any travelling which is directly related to your injuries – such as attending treatment or medical evaluations
• The money you have to spend on any physical therapy or counselling needed to deal with the impact of your injuries
• Any money you’ve lost because your injuries stopped you from working or mean that you have to change jobs or work less than before

You should also keep a record of the hours any friends or family spend caring for you, as this time could also be factored into the amount of compensation awarded.

What issues and circumstances may result in an unsuccessful claim?

The issues and circumstances which may result in an unsuccessful claim include:

• Handling the claim on your own behalf rather than seeking expert legal help
• Failing to gather the evidence needed to demonstrate the liability of the other party
• Missing the three year limit for serious injury claims

Can I appeal or take any next steps if my claim is unsuccessful?

You can appeal against a decision if your serious injury claim is taken to court and you lose. To appeal in this way you need permission from the court. You will only get permission if you can show the following:

• Vital evidence was misunderstood or ignored by the original judge
• The law was applied incorrectly by the original judge
• In some cases, an appeal can be based on new evidence emerging. The new evidence has to meet the following criteria:
• It is evidence which couldn’t have been obtained originally through due diligence
• It is evidence which would have materially impacted the outcome of the original trial
• It is evidence which is credible

Can I change solicitor or legal representation during my claim?

Yes, you can change your solicitor or legal representation during a serious injury claim if you are not completely happy with how they are handling things. A new solicitor, when instructed by you, will contact the original solicitor to request a copy of all of your files.

The original solicitor will provide the files on the understanding that they can recoup their costs to date when the claim is concluded. If the original solicitor was working on a no win no fee basis, then this is the basis under which their costs will be covered when compensation is paid.

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Serious Injury Claim FAQ

Why should I choose Truth Legal?

We have been helping clients to recover personal injury compensation for over 10 years, and in that time we have handled many complicated cases and many claims involving serious injuries.

Our highly experienced personal injury lawyers hold themselves to the highest standards of professionalism, but we know that a serious injury claim takes more than just legal skill, it takes compassion, understanding, and dedication. And you can be sure of receiving this comprehensive legal support if you choose to instruct us.

With excellent client reviews on both Trustpilot and reviewsolicitors you can get a good idea of the top quality service and expertise we provide.

We offer:

• A free initial consultation – to discuss your circumstances.
• Specialist technical knowledge and experience – so you can rest assured that your case is in the best hands.
• Practical advice – tailored to your situation.
• Strong representation – fighting for the compensation and outcome you deserve.
• Support and compassion – friendly, knowledgeable professionals on your side through a difficult time.