This guide will discuss when you could be eligible to make a serious injury claim after a car accident. In the following sections, we explain the criteria that need to be met for a personal injury claim to be valid, the evidence you could gather to support your case, and how long you typically have to seek compensation.
When Can I Make A Serious Injury Claim After A Car Accident?
Additionally, we look at the duty of care road users owe one another and the legislation they must adhere to. We also discuss how a serious car accident could occur if this duty is breached and the injuries that could be sustained as a result.
Furthermore, we look at how personal injury settlements are calculated and how they aim to address the different ways in which your injuries have affected you.
To conclude, we explore the numerous advantages of working with a solicitor under a type of No Win No Fee contract.
For more information on how to make a personal injury claim for a serious car accident and injury, call an advisor. They can offer free advice 24/7 and answer any questions you might have regarding your potential case. To reach them, you can:
- Call us on 0113 460 1216
- Find out about making a claim via our online form.
- Speak with an advisor via the live chat feature below.
Browse Our Guide
- When Can I Make A Serious Injury Claim After A Car Accident?
- Examples Of How Driver Negligence Could Cause A Serious Injury
- What Payout For A Car Accident Could I Receive?
- What Evidence Could Help In A Road Traffic Accident Claim?
- Make A No Win No Fee Serious Injury Claim After A Car Accident
- Learn More About Claiming For A Serious Injury
When Can I Make A Serious Injury Claim After A Car Accident?
A serious injury is usually an injury with life-altering consequences, either physically, psychologically or both. This can include brain damage, spinal cord damage, amputation or paralysis.
Road users owe one another a duty of care. They need to take care not to cause harm or damage to themselves and others by complying with the Road Traffic Act 1988 and the rules in the Highway Code. Failure to do so could result in a serious road traffic accident.
In order to begin a serious injury claim after a car accident, you need to prove the following occurred:
- You were owed a duty of care by another road user.
- This duty was breached.
- Either physical and/or psychological harm was suffered as a result of this breach.
These three points define negligence in tort law. If you have evidence that negligence occurred, you may be able to start a claim for a personal injury.
However, you also need to ensure you start legal proceedings within three years from the date of the accident. This is the general time limit for personal injury claims as per the Limitation Act 1980. Some exceptions could apply, however.
If you have any further questions about the eligibility criteria and time limits, please contact an advisor on the number above.
Examples Of How Driver Negligence Could Cause A Serious Injury
There are several ways a serious car accident could occur. For example:
- An intoxicated driver collided with you on the pavement causing multiple organ injuries and traumatic amputation.
- A motorist driving above the legal speed limit caused a serious collision with your car or bike resulting in damage to the spinal cord and a severe head injury.
- A motorist failed to pay attention to the road in front because they were looking at a mobile phone and read-ended you, causing a serious neck injury leading to paralysis.
Speak to an advisor to discuss your specific case and find out whether you’re eligible to begin a serious injury claim after a car accident.
Case Study: £2 Million Payout For A Serious Car Accident Injury
The following case study is a figurative example to help illustrate the process of making a serious injury claim after a car accident.
Mr Blake was driving to work one morning when a lorry driver crashed into the side of his vehicle after failing to check it was safe to change lanes. As a result, he broke his back in three places, fractured his skull and sustained serious brain damage.
After being taken to hospital, it was found he would need full-time nursing care for the remainder of his life. His family decided to take legal action on his behalf and sought the help of a solicitor who helped them make a serious injury claim.
After collecting police reports, dashcam footage, witness statements and medical records, the other driver was found liable for the accident and subsequent injuries caused to Mr Blake.
Mr Blake was awarded a £2 million payout for the pain and suffering of his injuries, as well as the financial losses incurred as a result.
Please contact our team if you want to discuss your specific case or to find out how you could make a claim on behalf of someone else.
What Payout For A Car Accident Could I Receive?
Following the completion of a successful claim, a personal injury settlement comprising up to two heads of loss could be awarded. These are:
- General damages: Compensating for the pain and suffering of the injuries. When valuing this head, solicitors can refer to a medical report produced from an independent assessment often arranged for you as part of the claims process. They can also refer to the guideline compensation brackets set out in the Judicial College Guidelines (JCG).
- Special damages: Compensating for the financial losses incurred due to the injuries. This could include, for example, care costs, loss of earnings and travel expenses. Evidence, such as receipts and payslips, can help prove these costs.
Compensation Table
In the table below, you can find an excerpt of the figures from the JCG. Please use these as a guide only because settlements are calculated on a case-by-case basis.
| Type of Injury | Severity | Notes | Award Bracket - Guidelines |
|---|---|---|---|
| Multiple Injuries | Serious | Compensation can be awarded to address the pain and suffering of multiple serious injuries, as well as the financial losses incurred as a result. | Up to £1 million and above |
| Paralysis | (a) Quadraplegia | Paralysis of the upper and lower body. | £324,600 to £403,990 |
| (b) Paraplegia | Paralysis of the lower body. | £219,070 to £284,260 | |
| Head | (a) Very Severe | Full-time nursing care. | £282,010 to £403,990 |
| (b) Moderately Severe | A very serious disability which is either physical or cognitive. | £219,070 to £282,010 | |
| Arm Amputation | (a) Loss of Both Arms | The person is left in a state of considerable helplessness. | £240,790 to £300,000 |
| Back | (a) Severe (i) | Severe spinal cord and root nerve damage. | £91,090 to £160,980 |
| Neck | (a) Severe (i) | Incomplete paraplegia from an associated neck injury. | In the region of £148,330 |
| Special Damages | Loss of Earnings | If time has been taken off work due to the injuries, compensation can be awarded to reimburse any lost income under special damages. | Up to £100,000 and above |
For more information regarding how compensation for a serious injury claim after a car accident is calculated, please contact our team on the number above.
What Evidence Could Help In A Road Traffic Accident Claim?
Evidence can help show that a road user failed to uphold the duty of care they owed you, and that as a result of the breach, you suffered an injury. As such, you could benefit from gathering the following:
- CCTV footage or dashcam footage of the accident.
- Medical records, such as scans, blood tests results, or a post-surgical report.
- Witness contact details.
- Photos of the accident site and your injuries.
- Police report, if applicable.
If you have valid grounds to proceed with your case, and you would like assistance in collecting evidence, please get in touch with our team. After assessing your case for free, an advisor could connect you with a car accident solicitor off our panel who has experience handling claims for a serious injury. A solicitor could then start carrying out work on your case and helping you to make a serious injury claim after a car accident.
Make A No Win No Fee Serious Injury Claim After A Car Accident
The serious injury solicitors from our panel offer to represent claims via No Win No Fee terms called a Conditional Fee Agreement. This usually means:
- You will not need to pay any fees for the work completed on your case by your solicitor at the start of your claim, as your claim progresses, or if it has an unsuccessful outcome.
- After a successful outcome, your solicitor will take a success fee. They deduct this from the compensation you are awarded as a percentage which has a cap applied to it by the law, ensuring you receive most of your settlement.
To find out whether you could make a serious injury claim after a car accident on a No Win No Fee basis, please contact an advisor. To do so, you can:
- Call us on 0113 460 1216
- Find out about making a claim via our online form.
- Speak with an advisor via the live chat feature below.
Learn More About Claiming For A Serious Injury
For more of our helpful guides:
- Learn how a car accident solicitors could assist you in seeking compensation.
- Discover whether you could make a personal injury claim following an accident on a pedestrian crossing and the steps you could take to seek compensation.
- Read about the process of making a claim for a serious back injury after an accident that wasn’t your fault.
For some helpful external resources:
- Read about Brake’s campaign to lower the limit for drink driving.
- Find advice for road users from Think!
- Information about first aid from the NHS.
Thank you for reading our helpful guide on when you could be eligible to make a serious injury claim after a car accident and the process of doing so. If you have any other questions, call an advisor on the number above.