Serious Injury Solicitors

Serious Injury Solicitors FAQs

• What is the personal injury claims process?

  The first part of starting a personal injury claim is making sure you have the correct information.

  You will want to ensure that your accident is reported to whoever you think is responsible. For example, if the accident happened at work, you would want to make sure that it is recorded in the accident book. Conversely, if the accident happened in a public place such as a shop, you would want to ensure that the accident is recorded there.

  This makes sure that there is an official record of the accident happening, including date, time, location and who might be responsible.

  Whilst it is useful that your accident was reported, it is not necessary. Other evidence could be used such as witnesses or testimonies from medical professionals.

  Therefore, it is also important to gather evidence as soon as possible. This could include names and contact details of witnesses, photos of where the accident happened, and images of any injuries sustained.

  Once you are confident you have the correct information, contact our personal injury team at Rothera Bray. A member of our team will initially discuss your potential claim with you. They will examine the details you have and who you think is at fault for causing the injury.

  They will also run through potential funding options for you regarding your legal fees, including no win no fee. Only when you are happy enough to instruct us, will be beginning investigating your claim for you.

• What can I make a personal injury claim for?

  Many people tend to assume that when someone makes a claim for personal injury, they are purely making a claim for money for the injuries sustained.

  However in many cases, a serious or catastrophic personal injury has a more profound impact on the individual’s life. For example, they might be unable to work, or when serious injuries have been sustained, they might have long term care and equipment needs. Or adaptations may have to be made to their house or need to move to a different house.

  There are a number of different types of compensation – or damages – that an injured person can claim.

  General Damages

  This type of loss, also known as ‘pain and suffering’, is awarded for physical and psychological injuries sustained in an accident. As well as the actual injury, we take into consideration any loss of amenity when valuing this. For example, if a person has been unable to take part in their hobbies or leisure pastimes as a result of the accident.

  The amount of compensation you receive for general damages will vary depending on the severity of your injuries. We value a claim by instructing an independent medical expert. The expert will review your medical records and examine you to prepare a report.

  We will then use the report to help us value your claim. We do this by researching case law and considering a publication used by the Courts, entitled the Judicial College Guidelines.

  Special Damages

  This is compensation for any financial losses, or out of pocket expenses you have incurred as a result of your accident. This can include:

  Loss of earnings – This includes income lost since the accident, as a result of you being unable to work, or working reduced hours. It can also include future loss of earnings, if you can no longer work, or you have a reduced working capacity.

  Pension loss – If you have had to give up work, or have been absent from work and either yourself, or your employer has stopped making contributions to your pension, then this could have an effect on your pension entitlement.

  Treatment costs – You might have needed to buy aids, or equipment to help you better cope with your injuries, or paid for private treatment with a physiotherapist, chiropractor, or osteopath to help your recovery.

  Prescriptions and over the counter medication – If you’ve purchased over the counter medication, or paid for prescriptions, you may be able to claim back the cost, especially if you need to continue taking them in the future.

  Care and assistance – You may require assistance from professional carers, or even friends, or family members in the short, or longer term. You may be able to claim the cost of professional carers, or make a claim for gratuitous care if help was provided by family and friends.

  Travelling costs – If your injuries mean that you can no longer drive, or you need to attend frequent medical appointments, you may have extra costs for taxis and public transport.

  Loss of use of a vehicle – If you were involved in a road traffic accident that damaged your car, leaving you unable to drive it, then you may be able to claim for the period of time that you are without a vehicle.

  Personal effects – If some of your clothing, or personal effects were damaged in the accident, then you may be able to recover costs for these items.

  Maintenance and housekeeping costs – You may be able to recover any costs you have incurred employing the professional services of someone to carry out maintenance, or housekeeping, gardening, cleaning, DIY and car maintenance, or you could make a gratuitous care claim, if family and friends provided help.

  Housing costs – You may need to make adaptations to your current home. These could include the installation of handrails, ramps and stair lifts. In the most serious of cases, if reasonable adaptations cannot be made to your home to meet your needs, then you might need alternative accommodation.

  The above list is not exhaustive but gives an indication of the various heads of loss that you may be able to claim. If you instruct a member of our serious personal injury team, they’ll assess which heads of loss you may be able to recover.

  Please remember that it is up to you as the Claimant to prove your losses, so please retain evidence, such as receipts and invoices.

• Can I make a 'no win no fee' serious PI claim?

  Yes, that’s possible, but it depends on a number of factors. Please see this page: Can I make a no win no fee claim?

• What is an interim payment?

  An interim payment is a partial payment made to you before the final settlement is reached. As the final settlement for your compensation claim can sometimes take years, these payments cover your immediate needs.

  These needs – like medical care, home adaptations or lost earnings – are covered by the interim while you’re waiting for the final decision on your serious injury claim. They’re taken from the amount you may receive at the end of claim.

  We’ll advise you on the likelihood of receiving interim payments when we discuss your claim.

• How would I make a personal injury claim?

  As soon as you have had an accident, report it to whoever you think was responsible. For example, if the accident took place on public premises, such as a hair salon, or restaurant, report it to the occupier, or owner. If you’re unable to make the report – which is likely if you’ve had a serious injury – a relative, friend or colleague can do it for you.

  If you were involved in a road traffic accident, you will want to collect the details of the other driver and their insurance company details.

  This way, there will be an official record of your accident. It is important that this includes the date and time it took place as well as the name of who might be responsible.

  Also, try and gather what information and evidence you can from the scene of the accident. This includes photographs of where the accident took place and your injuries incurred as a result of the accident. If possible, try to get the contact details of any witnesses who saw the accident.

  Contact our Personal Injury team

  At Rothera Bray, a dedicated member of our team will take the time to discuss your accident with you.

  During this, we will talk about:

  • the injuries you have sustained and the extent of those injuries
  • where and when the accident took place
  • who you believe is at fault
  • details of any witnesses
  • any treatment, or support you’ve received since the accident

  In this first meeting, we’ll also explain your fee agreement options. This will include the option to fight your claim on a no win, no fee basis.

  Should you decide to instruct us, you’ll be assigned a dedicated member of the personal injury team who specialises in the type of accident that you have sustained. You’ll be given their direct contact details so that you can stay updated on the progress of your claim.

  It is important to note that time limits do apply to personal injury claims.

  Personal injury claims need to made within three years of the date on which the injury was sustained.

  There are exceptions to this rule.

  Firstly, for children under the age of 18 you can make a claim up to their 18th birthday or they can make a claim up until they turn 21.

  Secondly, if the injury resulted in a mental disability then there is no time limit for you to make a claim on behalf of the person who lacks mental capacity.

  Serious personal injury cases can be complex due to the amount of investigation work required. It’s recommended that you seek legal advice as soon as the injury happened.

• How much can I claim?

  When someone makes a personal injury claim, one of the first questions we’re asked is how much compensation they can expect to receive.

  This is a perfectly understandable question to ask. However, until we have expert medical evidence, it is impossible to accurately advise how much your claim is likely to be worth.

  The way we value cases is by firstly obtaining your medical records. Once received, we instruct an independent medical expert to review them and examine you. The expert then prepares a medical report detailing the nature and extent of your injuries.

  The type of expert we send you to see will depend upon your injuries. If you have sustained a fracture, we will send you to see a consultant orthopaedic expert. If you’ve sustained a minor soft tissue injury, you might see a GP, or an A&E consultant. If you have sustained a psychological injury or trauma, you’re likely to see a psychologist, or psychiatrist.

  Whichever expert you see, they will prepare a medical report setting out their opinion and prognosis. We then use this report to value your claim. We do this by researching case law and looking at what the courts have awarded to people who have suffered similar types of injuries. We also use a publication used by the courts entitled the Judicial College Guidelines (JCG). The JCG sets out likely  monetary brackets where injuries fall and what the courts are likely to award.

  The following will give you an idea of the broad brackets within the JCG.

  Type of Injury	Amount of compensation
  Head Injuries	Can be minor and be limited to headaches for a few months, to very severe brain damage, involving ‘locked in’ syndrome and a reduced life expectancy. The 2019 JCG bracket ranges from £1,940 – £354,260.
  Mental / psychological injuries	General psychiatric damage can be quite mild to severe. The 2019 JCG bracket ranges from £1,350 to £101,470. PTSD can be more serious and the 2019 JCG bracket ranges from £3,460 to £88,270.
  Upper body injuries including neck and shoulders	A neck injury can be minor, to severe. The 2019 JCG bracket gives a range between £2,150 and £130,060, for the most severe injuries.  According to the 2019 JCG, shoulder injuries can range between £4,520 for a fractured clavicle to £42,110 for severe shoulder injuries.
  Back injuries	Likewise, a back injury can be relatively minor, or severe. The 2019 JCG bracket gives a range between £2,150 and £141,150.
  Arm injuries	For a simple fracture to the forearm, the 2019 JCG bracket is between £5,810 and £16,830. Severe injuries, which fall short of amputation but which are extremely serious and leave the injured person little better off than if the arm had been lost, the 2019 JCG bracket is between £84,310 and £114,810.
  Leg injuries	Where there is a modest injury, such as a simple fracture to the tibia, or fibula, or soft tissue injuries, the 2019 JCG says an award up to £10,380 may be justified; however, where there is a full recovery within a few months, an award of less than £2,150 is likely to be justified. Where there is amputation of both legs, the award may be between £211,150 and £247,280.

   

  The above figures do not take into consideration any out of pocket, or financial losses, such as treatment costs, travel costs, care costs, accommodation costs, or loss of income etc.

  As mentioned above, these figures only give a rough estimate as to the amount of compensation you might be able to receive.

  Alternatively you can contact a member of our personal injury team to discuss the nature of your injury, including the impact it has had on your life and who you believe is responsible for the accident. From this information, they will be able to establish how viable your claim is and provide a broad indication of the amount of compensation you could receive.

  It is also important to be aware that most personal injury claims need to be made within three years of the date of the accident; although this is shorter for some types of accidents.

• Can I make a personal injury claim on behalf of another person?

  Typically, where someone makes a claim for personal injury, they will be the individual involved in an accident where it was not their fault. However, there are certain circumstances in which you might want to make a personal injury claim on behalf of someone else.

  These include:

  • Making a claim on behalf of your child
  • Making a claim on behalf of a family member, who is incapacitated, or lacks capacity
  • Making a claim on behalf of a family member, who has been killed as a result of negligence

  To make a claim on behalf of someone else there are certain procedures to follow.

  Making a Personal Injury claim on behalf of your child

  If a child is involved in an accident and they are under 18 then a claim for compensation can be made on their behalf by a parent, guardian, or other family member. The person representing the child is known as a litigation friend and they will be responsible for protecting the child’s rights and ensuring they get the compensation they are entitled to. Part of their duties may include liaising with solicitors and making decisions on behalf of the child.

  There is no time limit for making a claim if the child has not yet turned 18, but after their 18th birthday, there is a three year timeframe for making a claim. Once a child has reached 18, they also have the option of making the claim themselves, which must be done before they turn 21.

  Making a Personal Injury claim on behalf of someone who does not have mental capacity

  An adult who does not have mental capacity might also be referred to as a ‘protected party’. A parent, sibling, or close relative may be able to make a claim on their behalf and will also act as a litigation friend. If the protected party has no family members that can act for them, a solicitor might be appointed by the court to act as a litigation friend for them.

  The litigation friend will be responsible for collating evidence, including keeping records of expenses and receipts, ensuring the ‘protected party’ receives the medical care required, providing instructions to the solicitor and providing the solicitor with information and evidence about the injury.

  The timeframe in which to make a claim for a ‘protected party’ is three years from the date in which the individual no longer lacks capacity, otherwise, if the ‘protected party’ never regains mental capacity, there is no time limit in place in which to make the claim.