In this guide, we discuss how serious injury claim payouts awarded following a successful case are calculated and what they could comprise. Following this, we provide a figurative case study as a way to help you understand the steps involved in seeking compensation.
There are a set of eligibility criteria that need to be met in order for you to have valid grounds begin a personal injury claim for serious harm sustained in a road traffic accident, an accident at work or a public place accident. After looking at compensation awards, we discuss the eligibility requirements in more detail. Additionally, we discuss the duty of care you are owed by road users, employers, and occupiers and provide examples of how an accident could occur if this duty is breached.
Finally, if you have a valid serious injury claim, we explain why you may wish to seek legal representation from one of the No Win No Fee solicitors on our panel and how they could assist you in gathering evidence to support your case.
If you have any other questions, please contact an advisor for free using the contact details provided below. They are available any time to provide advice for free.
Select A Section
- Serious Injury Claim Payouts – How Much Compensation Could You Receive?
- Case Study: £2 Million Payout For A Serious Injury Claim
- When Are You Eligible To Seek Serious Injury Claim Payouts?
- What Evidence Do You Need In Serious Injury Claims?
- Claim Serious Injury Claim Payouts On A No Win No Fee Basis
- Learn More About Making A Claim For Negligence
Serious injury claim payouts awarded following a successful claim can be comprise up to two heads of loss. The first head of loss compensates any pain and suffering caused by your injuries. This is called general damages and will be awarded to all successful claimants.
Medical reports from independent specialists and the Judicial College Guidelines (JCG) can help when valuing the general damages aspect of your settlement. The JCG sets out guideline compensation brackets for a range of injuries.
Our compensation table uses figures from the JCG. However, as each serious injury claim is unique, settlement amounts can vary a lot from the figures listed. As a result, the amounts shown here cannot be guaranteed.
|Type Of Injury||Severity||Description||Guideline Compensation Brackets|
|Multiple Injuries||Serious||Compensation for multiple serious injuries including any financial losses occurring as a result.||Up to £1,000,000+|
|Paralysis||Tetraplegia||Paralysis of the upper and lower body.||£324,600 to £403,990|
|Paraplegia||Lower body paralysis.||£219,070 to £284,260|
|Brain||Very Severe||The person requires nursing care full time due to having little or no language function, little or no meaningful response to their environment, and double incontinence.||£282,010 to £403,990|
|Arm Amputation||Loss of Both Arms||The person has full awareness of their injury and is reduced to a state of helplessness that is considerable.||£240,790 to £300,000|
|Neck||Severe (i)||Neck injuries associated with incomplete paraplegia.||Around £148,330|
|Severe (ii)||Serious fractures or cervical spine disc damage causing considerably severe disabilities.||£65,740 to £130,930|
|Leg||Amputation (iii)||Above-knee amputation of a single leg.||£104,830 to £137,470|
|Back||Severe (i)||Nerve damage or spinal cord damage that results in serious consequences.||£91,090 to £160,980|
|Special Damages||Loss of Earnings||Compensation to reimburse lost income incurred as a result of time off work either permanently or temporarily.||Up to £100,000+|
Special Damages In Serious Injury Claim Payouts
Successful serious injury claims payouts can also include special damages. This is the second head of loss compensating for any financial costs linked to your injuries. For example:
- The cost of home adaptations.
- Loss of income (including future losses).
- Medical expenses.
- Travel costs.
- The cost of professional care.
Evidence such as payslips, bank statements or receipts should be retained to support your claim for special damages.
For more information on how payouts in successful serious injury claims are calculated, please speak to a member of our team.
The case study in this section is figurative. It has been provided to illustrate how personal injury claims can be made.
Mrs Johnson slipped on a wet floor in a supermarket caused by a leaking freezer. The leak had been reported but no steps had been taken to reduce the risk of injury the slip and trip hazard posed. For example, no wet floor sign was placed and the water wasn’t cleaned up resulting in the slippery floor causing Mrs Johnson to slip and fall.
Mrs Johnson hit her head hard on the ground when she fell and suffered a brain injury. As a result, Mrs Johnson could not return to work resulting in her losing income. She also required full-time care and her overall quality of life deteriorated.
After taking on legal advice, Mrs Johnson’s family decided to instruct a solicitor to seek serious injury claim payouts on her behalf. Her solicitor helped by collecting evidence, including CCTV footage of her fall, witness statements and medical records along with financial evidence. Liability for the accident was admitted and Mrs Johnson received a £2 million settlement.
To discuss your specific case, please call an advisor on the number above.
In order to have eligible grounds to begin a serious injury claim, you must have evidence of negligence. Under tort law, negligence is:
- A duty of care was owed to you.
- This duty was breached.
- You sustained an injury, either physical, psychological, or both, as a result of the breach.
The following sections discuss the duty of care certain third parties, including employers, occupiers, and road users, owe with regard to your health and safety.
Accidents At Work
Employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974. As per the Act 1974, they need to take reasonable and practicable steps to protect your from becoming injured at work.
If that duty is breached by an employer, a serious accident at work could occur. For example, a member of staff could sustain serious spinal injuries after falling from height if their employer failed to ensure they were adequately trained to work from a height.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 sets out the duty of care those responsible for a public place owe those visiting the space for it’s intended purpose. This duty requires them to take steps to ensure visitors’ reasonable safety.
If this duty is breached, you could be involved in a public place accident and sustain serious injuries. For example, you could suffer a serious neck injury if you fell down a flight of stairs in a shopping centre because the handrail was loose or damaged. If this fault had been reported, and no steps had been taken to address the issue in a reasonable time frame, the occupier could be liable.
Road Traffic Accidents
Road users owe one another a duty of care. They must navigate the roads in a way that prevents harm or damage being caused to themselves or other. To uphold this duty, they need to adhere to the Highway Code and the Road Traffic Act 1988.
If there is a breach of this duty of care, it could lead to a road traffic accident in which you sustain an injury. For example, an HGV driver may have driven into the back of a car because they were distracted by their phone causing the car driver to sustain serious neck and back injuries leading to paralysis.
To see if you have a valid case and how serious injury claim payouts are calculated, please contact an advisor on the number above.
The list below provides examples of the types of evidence needed in personal injury claims. Any evidence should prove how a third party breached their duty of care and caused you to suffer an injury as a result. Examples of what you could gather include:
- Copies of medical records, showing the treatment you needed and the symptoms you suffered.
- Dashcam, CCTV or other forms of video footage.
- Contact information for anybody who witnessed your accident.
- An accident report form detailing the date, time and location of your accident.
- Photographs of the accident and any injuries you suffered.
If your claim is valid and taken on by a solicitor from our panel, they could help you with the collection of evidence as part of the services they offer. Read on to find out more about how they can help you and the terms under which they offer their work.
The serious injury solicitors on our panel can help you through the claims process by offering services such as:
- Helping you to gather evidence.
- Calculating the value of your claim.
- Dealing with all correspondence and communication on your behalf.
- Ensuring your claim begins within the correct time limit.
Furthermore, they can offer these services under a Conditional Fee Agreement (CFA) which is a type of No Win No Fee solicitor. This typically means there is no need to pay for your solicitor’s services in advance or while the claim progresses. You also don’t need to pay for your solicitor’s work if the claim is lost.
If you are compensated following a successful claim, a percentage of your compensation will be taken by your solicitor as their success fee. However, the percentage is legally capped ensuring you keep the majority of your award.
We hope this guide on serious injury claim payouts has provided you with the information you need. However, if you have any other questions, please reach out to an advisor. They can provide further guidance on anything you are still unsure about. Additionally, they can assess your case for free and may connect you with a solicitor from our panel provided you’re eligible to proceed.
To reach a helpful advisor, you can:
Here are some more of our guides that might also be helpful:
- Guidance on claiming following a pedestrian accident in which you sustained harm.
- Information on making a compensation claim for a serious neck injury including the eligibility criteria that need to be met.
- Information on when you could make a serious spine injury following an accident that wasn’t your fault.
Finally, we’ve linked to some external resources for you as well:
- Information on first aid from the NHS.
- Details on the types of reportable incidents following an accident at work from the Health and Safety Executive.
- Road accident and safety statistics from GOV.UK.
If you would like to discuss serious injury claim payouts in more detail, please call our team today.