Serious Injury Claims

Serious injuries are those which typically result in long-lasting or permanent effects for the injured party. These consequences can be both physical and psychological.

In order to recover compensation (damages), the injured person (Claimant) must prove that it is more likely than not that someone else is at least partly to blame for the injuries suffered i.e. that someone else has been negligent or has breached a statutory duty.

In order to prove negligence, you must be able to identify the person you blame for your accident (Defendant). There may be more than one person potentially at fault, in which case blame might be apportioned between them.

If we cannot identify the person at fault, you will usually be unable to make a claim, although there are limited exceptions to this rule, for example, after a road accident it is sometimes possible to obtain compensation from an organisation called the Motor Insurers Bureau where the driver at fault cannot be traced.

Once we have identified the Defendant, we need to establish that they owed you a duty of care, that they breached that duty and that the breach of duty caused the accident and the damage for which you want to claim compensation. A duty of care can also be imposed by statute, for example, many of the duties owed by an employer to its employees stem from legal Regulations.

If someone was to blame for the accident which led to your injury, you may be able to make a claim for compensation/damages.

Damages fall into two main categories: general damages and special damages.

General damages include compensation for the pain and suffering you have endured and will endure as a result of the injury as well as loss of amenity (the ability to enjoy certain aspects of your life). They also cover anticipated future financial losses and expenses/outlay (including items of special damage which will continue or arise in the future).

Special damages cover financial losses and expenses suffered as a result of your injury and its consequences up to the date of settlement or trial. These include loss of earnings, medication and treatment costs, travelling expenses, care costs (even care provided voluntarily), accommodation costs, the cost of aids and equipment. Essentially, they cover anything that reasonably and directly flows from the accident which gave rise to your injury.

We will help to identify all past and future losses for which you can claim and put together a comprehensive summary of those losses.

There are several important considerations to keep in mind when making a serious injury claim:

Timescales

By law, unless the injured person is a child or lacks capacity to manage their own affairs, a claim must be brought within three years of the date of the accident i.e. court proceedings must be commenced by that time, which means registering the claim with the court.

However, before that step can be taken, a good deal of work has to be done and the sooner your solicitor is instructed the better so that preparation of the case can begin, including gathering evidence, taking statements from witnesses and obtaining expert evidence.

Very large claims, for example, those involving serious brain injury commonly take several years to bring to a conclusion because it is necessary to make sure that we know how the injury is going to affect the Claimant’s future and what his/her future needs will be. Only then can we value the claim properly.

Letter of Claim

We have to write to the Defendant setting out your case against them and why they are to blame for the accident. They then have a period of time to investigate and respond, either admitting liability (that they were to blame) or denying it. If they deny liability, they must give us reasons, but we will then prepare your case against them in more detail.

Assessing the value of your claim

At the same time as we are preparing the case on liability, i.e. putting together the evidence to show that the Defendant was to blame for your accident, we will gather the evidence we need in order to determine the value of your claim.

This will include asking medical experts to examine you and produce reports setting out the nature and effects of your injuries (now and in the future) as well as other experts who will report on what care needs you have and whether you need any specialised equipment, adapted accommodation and any other needs.

Rehabilitation

Most improvement following a serious injury usually occurs in the first few months and so early intervention/rehabilitation is very important in improving the longer-term outcome. Initially, rehabilitation will often consist of the provision of various therapies, as well as teaching new strategies to help you cope with your altered circumstances and what aids and equipment are necessary/beneficial.

This will develop to involve the family and those close to you to help them to help you continue to improve. We will ensure that you receive appropriate support and input from the right specialists to help you return to as fulfilling and independent a life as possible.

Schedule of loss and damage

We will put together this document which sets out all financial losses and expenses which have resulted from your injury, supported by receipts and other evidence. We will add to the schedule as time goes on to include all losses up until your case goes to court or a conclusion is reached by agreement. It will also incorporate expected future losses, for example, loss of earnings, future treatment and care costs, accommodation costs and other future expenses.

Settlement or Court?

The Court rules which apply to these kinds of cases aim to ensure that as many cases as possible are settled (agreed) without the need for a trial. Indeed, Defendants’ representatives will usually want to avoid a trial because trials are extremely expensive and the outcome unpredictable.

They are likely to make an offer to settle your claim out of court and will sometimes make increasing offers. We will help you to decide whether any offer should be accepted and whether you should, yourself, make an offer to settle.

In the unlikely event that we could not reach agreement with the Defendants’ representatives, there would be a trial, but these do not tend to be as dramatic or acrimonious as they might be portrayed to be on TV.

Interim payments

We consider it important to secure early interim payments to tide people over at a time when their finances have often been significantly affected or when treatment, care or housing costs have to be paid for. If liability has been accepted, the Defendant’s representatives will usually agree to make such a payment.

If not, we would arrange for the commencement of court proceedings so that we could ask the court to make the Defendant’s representatives pay.

The amount of compensation you may be able to receive for a serious injury will depend on a number of factors, including the exact nature of the injury, the financial impact you have experienced and the causes of the injury. Our serious injury solicitors will be able to advise you on the level of compensation you could be entitled to during a consultation.

Yes. It is possible to make a serious injury on behalf of someone else in certain scenarios. For example, you can make a serious injury compensation claim on behalf of someone who has lost the capacity to do so themselves (such as if they have experienced a head or brain injury).