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Fosters Solicitors

Serious injury claims: A guide to compensation

Suffering a life-altering injury can be devastating, both physically and emotionally. Serious injury claims offer a legal route for individuals in England and Wales to pursue financial compensation and obtain support for rehabilitation. If you or a loved one has experienced such an injury, our experienced Personal Injury Solicitors are here to guide you through the process with care and expertise.

Understanding serious injury claims

A serious injury, which can sometimes include catastrophic injuries, typically results in long-term or permanent disability. These include traumatic brain injuries, spinal cord injuries, amputations, and severe burns. Serious injury claims involve significant, long-term impacts on a claimant’s life, finances, and relationships.

Types of serious injuries eligible for compensation

Whilst many injuries warrant bringing a personal injury claim, certain types are recognised as “serious” due to their life-changing nature. These include:

  • Traumatic brain injury (TBI).
  • Spinal cord injuries (paraplegia, quadriplegia).
  • Full or partial loss of limbs or severe fractures.
  • Multiple injuries (polytrauma).
  • Serious burns or scarring.
  • Loss of sight or hearing.

These injuries often require long-term medical care, adaptations to living environments, the need for specialist equipment, and psychological support. Compensation claims reflect these needs.

Steps to making a serious injury claim

  1. Seek immediate medical attention: Your health is the top priority and also provides an independent medical record.
  2. Consult a solicitor: Choose a solicitor with experience in serious injury claims.
  3. Evidence gathering: Obtain medical records, accident reports, witness statements, and financial documentation.
  4. Valuation: Your solicitor will establish the likely value of your compensation based on independent medical reports and similar previous cases.
  5. Negotiation or litigation: Most claims are settled, but some proceed to court.

Calculating compensation in serious injury claims

Compensation in serious injury claims is assessed in several areas, often resulting in significant compensation:

  • General damages: Pain, suffering, and loss of amenity.
  • Special damages: Financial losses such as medical bills, care costs, and loss of earnings.
  • Future care costs: Including rehabilitation and ongoing therapy.
  • Home and vehicle adaptations.

Each case is unique. Tools such as the Judicial College Guidelines help solicitors estimate general damages based on the type of injury and its severity.

How long do you have to claim?

In England and Wales, the general time limit for personal injury claims is three years from the date of the accident or the date of knowledge of the injury. For children, the time limit begins at age 18. Exceptions may apply in cases involving brain injuries or where there is a lack of mental capacity.

Support available during the claim process

A key benefit of pursuing a serious injury claim is access to interim payments, or if liability is admitted early, these payments can help cover costs while the claim is ongoing. Other support includes:

  • Rehabilitation services.
  • Access to medical specialists.
  • Case managers to coordinate care.
  • Financial planning support.

Real-world case study: Head injury compensation

Fosters Solicitors recently settled a claim for a seven-figure sum for a client who was a front-seat passenger in a vehicle which left the road and hit a tree, just prior to the Covid lockdown. Our client suffered a serious head injury and will never be able to live independently again. Although in long-term care, our client is able to engage with a number of therapists including in occupational therapy, speech and language therapy and neuropsychology, who together are attempting to maintain and improve her quality of life.

Fosters’ Partner, Steve Green, who acted for our client, stressed the importance of seeking legal advice as early as possible after an accident. He said: “The sooner we are able to contact the defendant’s insurance company, the sooner we are able to obtain interim payments to fund initial supportive therapy to compliment that provided by the NHS. In this instance because our client’s family were unable to visit her in hospital, due to Covid, this meant she received an additional level of support from very early on after the accident. It is also important to consult a specialist and a firm which is a member of the Headway panel and involved with other campaigning organisations such as Brain Injury Group, as this is a further endorsement of a solicitor’s experience and knowledge.

Expert insights on serious injury law

Legal experts handling serious injury claims in England and Wales emphasise the following:

  • Engage a solicitor with experience in complex injury claims
  • Prioritise early rehabilitation access to improve outcomes
  • Document every cost and keep a detailed record of the impact on all aspects of your life.

The right legal support can significantly influence both the settlement amount and the quality of life after injury.

Benefits and challenges of serious injury claims

Benefits:

  • Access to compensation and rehabilitation.
  • Financial support by way of interim payments.
  • Legal expertise when choosing an experienced lawyer.

Challenges:

  • Lengthy claim processes.
  • Emotional strain on claimants and families.
  • Complexity in valuing long-term costs.

Despite the challenges, expert legal representation ensures your rights are protected and future needs addressed.

Your injury experts

If you, or a loved one, have been involved in an accident that has resulted in a serious injury, please get in touch with our Personal Injury experts to discuss a potential claim. Our specialists have extensive experience in supporting clients and their families affected by serious, life-changing injuries. We also work with, and are panel members of, a number of organisations and charities who provide support to those with such injuries, and who share our aims of providing access to justice and compensation.

Contact us for more information.

Frequently Asked Questions

What is a serious injury claim?

A serious injury claim is a legal action pursued when someone suffers a life-altering injury, such as spinal damage or brain trauma, due to another party’s negligence. The claim seeks compensation for the injury and past and future losses and care needs.

What compensation can I receive for a serious injury?

In addition to general damages for pain and suffering, you are entitled to special damages for expenses and loss of income, and also for future care, home modifications, and therapy.

How long do serious injury claims take?

Most serious injury claims take 3 to 5 years to resolve, depending on the complexity of the injuries, whether liability is disputed, and the medical recovery timeline.

Is there a time limit for making a serious injury claim?

Yes, the standard limitation period is three years from the date of injury or diagnosis. Exceptions exist for children and individuals lacking capacity e.g. due to brain injury.

How is the amount of compensation calculated?

The amount depends on the type and severity of the injury, impact on lifestyle, care requirements, and financial losses. The Judicial College Guidelines assist in providing a guideline for awards.

Table: Example Compensation Ranges

Injury Type Compensation Range
Severe Brain Injury £240,000 – £400,000+
Paralysis (Quadriplegia) £350,000 – £450,000+
Amputation (Both Legs) £240,000 – £300,000+
Severe sight impairment or partial loss £115,000 – £200,000+

 

This article was produced on the 9th July 2025 for information purposes only and should not be construed or relied upon as specific legal advice.

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