What is a Serious Injury Claim?

Author:
Caroline Fox
Senior Associate Solicitor, Personal Injury Claims
Date:
07/03/2019

With a serious injury claim, you can be awarded compensation not just for the injury itself, but also the pain, suffering, rehabilitation and the reduced quality of life you’ve experienced as a result of the injury. That means the amount of compensation a person receives in a serious injury claim can be considerable.

For free legal advice get in touch with our Serious Injury Solicitors. We may be able to deal with your claim on a No Win, No Fee basis – ask us for details.

What is a Serious Injury?

The nature and extent of the injury is the first indicator that can suggest whether someone has sustained a serious injury. Life-changing injuries are serious and will typically affect the person’s daily activities to such an extent that they require extensive rehabilitation, aids and equipment, professional carers and perhaps have to move to specially adapted accommodation. The injury may also affect their life expectancy.

Common Serious Injury Claims include:

      • Brain injuries
      • Spinal Cord Injuries
      • Loss of eyesight or significant damage to an internal organ
      • Loss of or amputation of a limb
      • Broken bones
      • Severe leg/foot damage impairing mobility
      • Severe burns

The Impact of a Serious Injury

The injury must also be put into context. I always use a Mo Farah analogy. If Sir Mo sprained his ankle the week before he had planned to run the London Marathon, the effect of this injury is far more serious than if I, who is primarily deskbound at work, sprained my ankle.

I’d still be able to largely carry on with my life, with some discomfort perhaps, but I would be able to work and my life wouldn’t be disrupted to the same extent that it would for Sir Mo.

Sir Mo may lose a lucrative branding deal or an attendance fee. He’d require the best type and therefore more expensive rehabilitation with leading therapists around the world. So if he was to make a claim, it would have to reflect all these costs. Furthermore, he would have trained for the better part of a year to participate in the race, so the disappointment of not being able to run would also be considered.

A simple sprain is not always just that, so the question should therefore be “what are the effects of the injury?” rather than just “what has been injured?”

When assessing the claim, the Court will consider how the injury has impacted the person’s life. Indeed, technically an injured person does not receive damages (compensation) for the injury itself, the award is actually for pain, suffering and loss of amenity (the effect on their quality of life).

Serious Injury Solicitors therefore need to speak to the injured person, their friends and their family to find out exactly how the injury has impacted them.

A claim can also become serious if there are significant financial losses caused as a result of the injury. When someone is a high earner and can’t work because of the accident which caused the injury, then a lost earnings claim can quickly grow in size.

And if there is a cost of rehabilitation, treatment, support, alternative or adapted accommodation, aids and equipment, then again, the overall value of the claim can dramatically increase.

Interim Payments

In serious injury cases, it’s essential that your Solicitor takes the necessary steps to secure an interim payment as soon as possible to reduce the financial burden on the injured person. This also means an appropriate care and rehabilitation package can be put in place as soon as possible.

Can I Claim for Serious Injury?

If you believe that you’ve sustained a serious injury as a result of someone else’s negligence, then please contact our Personal Injury team as soon as possible and ask to speak with a Serious Injury Solicitor. We can investigate the circumstances of your accident and provide comprehensive legal advice and support throughout the whole claims process.

For free legal advice call our Personal Injury Solicitors

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