Serious injury solicitors

Serious injury FAQs

• Why should you claim for a serious injury?

  A serious injury can have a severe financial impact on top of the physical and emotional effects. Treatment costs, lost income now or in future and the ongoing care that might be needed, including psychological support for all the family – this can all be covered by making a serious injury compensation claim.

  If the cause of your serious injury was preventable, making a claim could be an effective way to make sure that no-one else has to go through the same pain and suffering that you have.

  And, of course, we’re here to make sure you get the emotional and practical support you need – aside from the compensation you could receive when making your claim.

• How common are serious injuries?

  The split-second nature of many accidents means that serious injuries are more common than it might seem. Here are just some figures that can help put this in perspective:

  − 1.4 million people in the UK are living with brain injuries, according to evidence presented to a Parliamentary select committee hearing in 2019

  − Road traffic accidents (those reported to police) caused 25,945 serious injuries in 2019, according to official government figures

  − 693,000 people suffered a non-fatal workplace injury in 2019-20, according to Health and Safety Executive findings

  − In 2019-20, there were 11,682 clinical negligence claims made against the NHS in England with a total value of £8.8bn

  Our serious injury lawyers have supported claims for serious injuries with many various causes – some of which are covered in the statistics above to show just how easily they can happen.

• How to start a serious injury claim

  If you or a loved one has suffered an injury that has affected or changed how you live your life, you could be able to claim compensation. To find out more and to get started, the first step is an easy one – simply get in touch with our expert team of serious injury lawyers.

  We’ll find out a bit more about you, the impact of your injury and how best we could help you – drawing on our years of experience and depth of knowledge. Don’t worry: this initial chat is free – on the phone, at our office, at your home, or anywhere else that’s convenient for you - and there’s no obligation. We just want to make sure your claim gets off to the right start.

  Get in touch today – call 0370 086 8687 or send us a message.

• Who can make a claim?

  Anyone. If you suffer a serious injury and it wasn’t your fault, you can claim compensation. You could also be able to make a claim on behalf of someone else in certain cases:

  − You’re the parent / legal guardian of a person under the age of 18

  − You have power of attorney over – or are permitted to act on behalf of – someone who can’t make a decision for themselves under the Mental Capacity Act 2005

  If you’re not sure if you’re eligible to claim compensation on behalf of yourself or someone else, call 0370 086 8687 or message us and we’ll advise you of the options available to you.

• Making a serious injury claim: How does it work?

  While the claim process can be unique to each individual case, your claim will likely go through the same stages before it comes to a settlement. There’s no set time to how long it’ll take, but rest assured we’ll be at your side throughout to make things as easy and stress-free as we can.

  Shoosmiths is signed up to the Serious Injury Code. It means we work with you and the insurer to get the best possible outcome – and one that is specific and relevant to your needs.

  1. After getting in touch with us, the information you provide will let us know if we think your claim will succeed – and if you’re eligible for support on a no win no fee basis.

  2. Your case will be taken up by one of our serious injury experts – your point of contact throughout the process, bringing exceptional claim-handling experience to your case.

  3. The individual / organisation believed to be at fault for your serious injury is contacted. We also start collecting evidence at this stage too.

  4. You’ll be asked to undergo independent medical tests. We know this can be distressing for clients, but it’s necessary to support your claim. It lets us find out the full impact of your injury – including immediate care needs as well as any ongoing considerations.

  5. If fault is accepted by the other party, we’ll request interim compensation to be paid as soon as possible to cover your treatment costs and relieve any financial strain.

  6. We’ll work out how much the full compensation amount should be.

  7. We’ll start the court process. It doesn’t mean your claim will go to court – many claims are settled out of court. But it does put in place a deadline for the claim to be settled.

  8. This is when we’ll hopefully find out if your claim is successful.

  You’ll be awarded your compensation at this point if it is. The party at fault also covers your legal costs. If these costs aren’t met in full, however, a small deduction might be made from your award.

  In the unlikely event your claim isn’t successful, we’ll do what we can to minimise the financial risk to you. Find out more about making a no win no fee claim.

  You might think that’s the end of the road as far as our support is concerned. But it isn’t – we are here 24/7 after claims are settled so that you continue to get the expert help you need.

• Will I have to go to court?

  Our aim is that all claims will be settled out of court – but sometimes this isn’t possible. Please don’t worry if yours does go to court, however, because guiding you through is part of our service to you.
  It’s worth bearing in mind that serious injury claims must go to court if you’re acting on behalf of someone under the Mental Capacity Act 2005.

  If that person has set up power of attorney, you may need to register this if you’re the named attorney. But if this isn’t in place, an application must be made to The Court of Protection (in England & Wales); The Office of the Public Guardian (in Scotland); or The Office of Care and Protection (in Northern Ireland).

  This is to give you the authority to act on behalf of someone who can’t make their own claim.

  If a claim made on behalf of someone else is a success, any settlement must be agreed by the court/office appropriate to your region.

  The Ministry of Justice’s guidance on Children and Protected Parties offers more details on this.

• How long do you have to make a serious injury claim?

  You have three years from the moment you suffer a serious injury – or the date when it became known – in which to start a claim.

  But there are two exceptions to this.

  The first is if a person under the age of 18 suffers a serious injury. A claim can be started at any point up until their 18th birthday if someone is acting on their behalf. The standard three-year limit will, however, start from their 18th birthday.

  The other exception is if someone can’t start a claim because their injury means they don’t have the capacity to do so. In such cases, the time limit starts from the moment they regain capacity. If this doesn’t happen and the incapacity is permanent, the time limit will never apply.

  In all cases, however, we recommend contacting our serious injury lawyers as soon as possible – this gives the claim the best chance of success as it makes it easier to gather any evidence.

• How much does it cost to make a claim?

  When you contact us for the first time, our initial consultation is free of charge. We can give you information and advice on how to fund a claim – including whether we can take up your case on a no win no fee basis. For more information, read our guide to funding your claim.

• How much compensation could you receive?

  For serious injury claims, the amount of compensation that you could receive is laid out in the government’s Judicial College Guidelines.

  While a claim typically covers the pain, suffering and loss of amenity associated with a serious injury, you can also make a claim for treatment costs; loss of income and pension; the cost of specialist equipment; and any additional accommodation expenses.

  But the exact amount you could receive always comes down to the extent of your injury – and the impact it will have on an individual’s life.

  Suzanne Adams turned to us after delays during the birth of her son, James Robshaw, caused brain damage that led to him growing up with cerebral palsy. Denise Stephens took up James’ case from our Reading office and secured £14.6m from the NHS to meet the family’s needs.

  Listen to James’ story for yourself: