A serious injury claim is a personal injury claim involving significant physical or psychological injury that may have a substantial impact on a person’s life, work, independence, or future needs.

Serious injuries can include brain injuries, spinal injuries, serious fractures, amputations, significant burns, multiple injuries, and other injuries that may have long-term consequences. The circumstances and medical evidence will determine the nature and extent of the injury.

Serious injuries can result from road traffic accidents, workplace accidents, public liability incidents, accidents involving defective products, and other circumstances where another party may have been responsible.

You may be able to pursue a claim if another party was legally responsible for causing or contributing to your injury. The circumstances and available evidence will need to be carefully assessed.

Evidence may include accident reports, photographs, CCTV footage, witness statements, medical records, expert medical reports, employment records, and evidence of financial losses.

Medical evidence can help establish the nature and extent of your injuries, treatment requirements, recovery prospects, and any potential long-term effects. It can also assist in assessing the losses arising from the injury.

Depending on the circumstances, a claim may include certain future losses and expenses where they can be properly established. This can be particularly relevant where an injury affects your ability to work or creates ongoing care or treatment needs.

Depending on the circumstances, reasonable treatment and rehabilitation needs may form part of a claim. The appropriate evidence and assessment will depend on the individual case.

Depending on the circumstances, you may be able to claim for past and, where properly established, future loss of earnings resulting from your injury. Supporting evidence may be required.

Where a serious injury results in ongoing care or assistance needs, these may be relevant to the assessment of a claim. The nature and extent of any required support will need to be supported by appropriate evidence.

A serious injury can have a significant effect on family members and carers. Depending on the circumstances, certain additional losses or claims may need to be considered separately.

In some circumstances, an interim payment may be available before a claim is finally resolved. Whether one can be sought will depend on factors including liability, evidence, and the particular circumstances of the claim.

Personal injury claims are generally subject to a three-year limitation period, although the rules can vary depending on the circumstances. Exceptions may apply, particularly in cases involving children or people who lack capacity, so early legal advice is important. (legislation.gov.uk)

If liability is disputed, the evidence surrounding the accident will need to be carefully considered. This may include witness evidence, accident records, photographs, expert evidence, and other relevant documentation.

Not necessarily. Many claims may be resolved through negotiation and appropriate pre-action procedures. Court proceedings may become necessary if liability or the value of the claim cannot be resolved.

The assessment can take into account the nature and severity of the injury, its impact on your life, financial losses, and, where supported by evidence, future treatment, care, rehabilitation, and other relevant needs.

Serious injury claims can take longer than straightforward personal injury claims because medical recovery, long-term prognosis, future losses, and rehabilitation needs may need to be established before the claim can be fully assessed.

Your immediate priority should be obtaining appropriate medical treatment and ensuring your safety. Where possible, preserve relevant evidence, record details of the accident, and keep documents relating to treatment and financial losses.

MYM Solicitors can assess your circumstances, investigate the accident, help gather evidence, consider your current and future losses, liaise with insurers and experts, negotiate where appropriate, and assist with court proceedings if required.