Accident Claims

Unfortunately, accidents will happen – they are basic hazards of life. Some accidents involve unforeseen events, acts of nature (or God, depending on your perspective) or are entirely the fault of the individual who suffered the accident. However, in many cases, somebody else – whether an individual human, group of persons, company or organisation – will have caused the accident. It may not always be obvious, direct or intentional, but if an accident occurs through the negligence of another, the injured party is perfectly entitled to make a legal claim for damages.

Although accident claims are sometimes met with disapproval by various segments of society, the legal mechanisms that work to provide damages are also in existence to protect the general public. Indeed, the law of negligence, which is a tort requiring a duty of care, breach of duty and factual or legal causation, has evolved through the common law of England and Wales as a means of protecting the public interest. The absent-minded industrial worker who fails to secure a heavy load, the architect who miscalculates weight bearings or the employer who does not invest in adequate health and safety training are all examples of everyday cases in which the public is unduly put at risk by others.

Of course, the number of possible accidents or potential negligence claims that could be drawn up is unlimited. What is important is that people are made aware that the law requires them to go about their everyday business with reasonable care and skill as any reasonable person would. Therefore, if you have suffered an accident that is not your fault, which may in fact be the result of another person’s negligence, you should contact our team of fully qualified solicitors for professional legal advice and assistance.

No Win No Fee .co.uk guide to Claiming Compensation for Serious Injuries – Overview

In contrast to the inflammatory suggestions from some elements of the media, obtaining substantial damages after suffering a serious injury is in no way similar to winning the lottery. In fact, the seemingly high sums that are regularly paid out to the victims of serious injuries are carefully calculated to sustain the victims and improve their quality of life to a certain extent. Sadly, suffering serious injuries can amount to a life sentence for many victims, who may be forced to spend the remainder of their lives in wheelchairs or who may require constant medical treatment. Furthermore, whilst it is plainly obvious that those who sustain serious injuries that have been caused by somebody else’s negligence deserve compensation, it is also the case that the families of such victims must be taken into consideration when the compensation is calculated. However, claiming compensation for serious injuries is by no means a straightforward task, so victims and their families must take certain steps to ensure that they receive the maximum justice available to them.

Frequently Asked Questions (FAQ):

I have suffered a personal injury. How do I know whether it is serious or minor?

There are a number of definitions that separate minor, serious and even grave injuries. The distinction will usually be drawn in court based on a subjective analysis of the injuries. Common serious injuries include: fractures, head injuries, spinal injuries, concussion, amputations and serious burns. The degree, severity and longevity of your injury will also determine whether or not it is classed as serious.

I have suffered a serious injury. Can I claim for compensation?

In short, if the injury was caused by somebody else’s negligence, yes. The law of negligence affecting personal injury requires that the defendant 1) had a special relationship (called a duty of care) with the claimant at the time of the accident; 2) that this duty of care had been breached; and 3) that the breach caused the harm. In plain language, if an accident results in serious injury and the cause of the accident was the fault of another person, a claim for compensation can usually be made.

When should I make a claim for compensation following a serious injury?

As soon as possible, ideally. The law imposes a 3 year time limit within which the victim of a personal injury can make a claim although some exceptions can apply.

How can I improve the chances of winning my claim for compensation?

Simply put, you will greatly improve the odds of winning your case if you or another person obtain evidence to support your claims. This can include photographic evidence of the accident scene, injuries sustained and details of people who may have witnessed the incident.

How much compensation can I expect to receive after suffering a serious injury?

The amount of compensation awarded is carefully calculated by the court to ensure that the claimant receives adequate damages to cover medical bills and associated costs, whilst the figure will also take other factors into consideration, such as lost earnings. It is not uncommon for seven-figure sums to be awarded in serious injury claims.

Guide to Claiming Compensation for Serious Injuries – Further Information

With so many media reports on seemingly enormous compensation payouts to personal injury victims, it is sometimes the case that the public perception of health and safety can become distorted. Were a national newspaper to report on an accident at work victim who receives £2 million in compensation, many readers might mistake this for some kind of lottery win. Such a belief, however, could not be any further from the truth. In fact, the victims of serious injuries are often dealt a life sentence as a result of somebody else’s negligence, so the compensation awarded is primarily used to pay for lengthy or ongoing medical treatment and care, retrofitting a home to make it more habitable for a seriously injured occupant and covering various other bills, costs and lost earnings. No person asks to be seriously injured, but where this has happened it is essential that an appropriate sum of compensation is awarded in order to improve the victim’s quality of life.

What sort of injuries may be classed as serious?

There are various definitions as to what constitutes a serious injury. For example, the Department for Transport considers a serious injury (that occurs on the roads) as an “injury for which a person is detained in hospital as an ‘in-patient’, or any of the following injuries whether or not they are detained in hospital: fractures, concussion, internal injuries, crushings, burns (excluding friction burns), severe cuts and lacerations, severe general shock requiring medical treatment and injuries causing death 30 or more days after the accident”. Other governmental departments and public bodies offer different explanations as to what a serious injury actually is – the most common descriptions comprise an injury that is life threatening (or potentially so), results in permanent bodily impairment or requires emergency medical treatment. Serious injury may also be used as a term that is distinct or similar to that of a ‘grave injury’. Indeed, the precise definition of a serious injury is usually open to subjective interpretation and largely depends on the applicable law.

Nevertheless, it is possible to summarise a number of injuries that are most typically classed as serious in order to help construct an accurate picture as to how the legal system operates in this context. Such injuries include those that fall under one of the examples used above in so far as they may be life threatening, require emergency medical treatment or cause permanent damage or impairment of a human body. In this respect, serious injuries can include: fractures, head injuries, internal bleeding, amputations, spinal injuries, disfigurement, concussion and serious burns. Whilst this list is by no means exhaustive, it does describe a wide category of injuries that can be commonly regarded as serious. In fact, serious injury may also refer to any number of serious illnesses that are caused by the negligence of somebody other than the victim. Furthermore, even psychologically damaged individuals may be classed as having suffered a serious injury in this context.

Where do serious injuries often occur?

Unfortunately, serious injuries can occur anywhere at any time and it is largely a matter of chance as to whether one might happen to you. Based on prior case reports, however, it is clear that serious injuries occur most frequently in certain places or situations. Some of the most common causes or areas in which serious injuries are sustained include: road traffic accidents (26,034 people sustained serious injuries on British roads in 2008), clinical negligence and accidents in the workplace. Of course, a serious injury may occur anywhere but, in terms of making a claim for compensation, it is a necessary component that the harm was caused by somebody else’s negligence, so an accident that is purely the fault of the victim would not be covered.

With that said, however, it is always advisable to contact a specialist serious injury solicitor in order to discuss the particular merits of a claim because some accidents that may appear to be the fault of the victim could actually be as a result of somebody else’s negligence. As an example, a trip down a flight of steps that results in spinal injuries may just be sheer bad luck but if the carpet had been laid incorrectly or one of the steps was damaged by another person, a claim for compensation could be successful.

When can compensation be claimed following a serious injury?

As with any timing for personal injury claims, professional legal advice should be sought immediately after an accident occurs. There is usually no benefit in delaying an action against the negligent party, with the exception perhaps that certain injuries do not necessarily present injuries immediately. In most cases, however, it is possible to ascertain that a serious injury has arisen almost immediately after an accident has occurred. Although some victims of personal injury may feel reluctant to bring a claim against the negligent party for whatever reason (this is especially common where family, friends or employers are concerned), the victim of a serious injury will usually have little or no choice as their future will depend on the compensation that may be awarded.

Section 11 of the Limitation Act 1980 lays down the relevant time period within which a person is required to bring a personal injury claim against a defendant. Generally speaking, the applicable time period is three years from the date on which the cause of action accrued or the date of knowledge (if later) of the person injured. In the event that an injured person dies before the expiration of the time limit in question, the three years will begin from the date of death or the date of the personal representative’s knowledge of the accident. Exceptions are also made for victims who are under 18 years old at the time of the injury occurring, with the 3 year time limit commencing on the day of the victim’s 18th birthday. Furthermore, the time limit does not apply to mentally ill victims. In short, a claim must be brought at the earliest convenience within 3 years of the accident occurring for the claimant to ensure that his or her case will be heard by the court although the court has a general discretion to accept an out-of-time case.

What steps should be taken when claiming for compensation?

Serious injuries demand an appropriate level of compensation as victims must rely on damages to support themselves and their families. In many cases, a serious injury will preclude the possibility of the victim ever working again, which is not merely a tragedy in itself but can also prove extremely stressful for dependents and loved ones. Therefore, it is important that all the necessary steps are taken when claiming for serious injuries because the compensation awarded must be of an appropriately high value. Furthermore, certain injuries may require an interim payment, which can be ordered by the court, in order to pay for housing costs or medical treatment, so proceeding with a claim forthwith is the most advisable first step.

The second most important step that must to be taken when claiming compensation for a serious injury is to ascertain that another person was at fault and, having done so, collect as much evidence as possible to prove it. Whilst the victims of serious injuries may not be able to do any or all of this work themselves, appointed representatives or family members should have little difficulty in obtaining the basic facts. In order to establish a successful claim for compensation, it is necessary to satisfy a few basic principles of negligence law. These principles require that the defendant owed a duty of care to the claimant, which is usually easy to establish where, say, an employer and his or her employee are concerned, that there was a breach of this duty of care and that the breach caused the harm so inflicted.

In considering these points of law, the court will assess various facts in order to determine whether the risk of harm was reasonably foreseeable by the defendant and whether any steps taken to reduce such a risk were sufficient. The court will also be required to assess whether there was sufficient proximity between the defendant’s acts or omissions and the harm inflicted upon the claimant. Therefore, evidence can be collected to improve the chance of successfully claiming compensation for a serious injury. Such evidence may include photographic evidence of the accident scene – ideally, the photos would suggest or identify the cause of the accident – and injuries sustained, details (name, address and telephone number) of any person who witnessed the accident and any other information that can support a case against the defendant.

How much compensation is awarded for a serious injury?

As mentioned above, serious injuries sometimes require a lifetime of medical treatment and care, specially designed housing, mobility devices, carer salaries and lost earnings. The court will carefully analyse all the relevant factors associated with a particular claim, which are essentially all those that have been affected by the serious injury. In terms of the sum that may be awarded, this is obviously a matter that is addressed on a case-by-case basis. Nevertheless, it is not uncommon for victims of serious injuries to receive payouts in excess of £2 million. Specialist personal injury solicitors will be able to fight for maximum compensation on behalf of the victim.