How to Make a Serious Injury Claim

A serious or life-changing injury can affect far more than a person's immediate health. It may change their ability to work, live independently, communicate or take part in family life. It can also create an urgent need for treatment, rehabilitation, care, specialist equipment and adaptations to the home.

Understanding the personal injury claim process can help injured people and their families know what to expect, what evidence may be needed and why it is important not to settle before the long-term prognosis is clear.

Key takeaways

• You should seek initial legal advice for a serious injury claim as you are able to as evidence may become harder to obtain over time.

• If a person lacks capacity to make a claim (whether this be due to age, mental capacity or accessibility requirements) it can be managed with the assistance of a litigation friend.

• You should keep as much evidence throughout the process as possible, including photographs, witnesses, accident reports and any loss of earnings.

What Is Considered a Serious or Life-Changing Injury?

There is no single legal definition covering every serious injury. Broadly, the term describes injuries that have a profound or lasting effect on a person's health or quality of life.

They may include:

• Brain and head injuries, including traumatic brain injuries that affect cognition, behaviour and communication

• Spinal cord injuries, which may result in partial or complete paralysis

• Limb loss and other injuries leading to amputation claims

• Serious fractures, crush injuries and multiple orthopaedic injuries

• Loss of sight or hearing

• Severe scarring or burns

• Injuries that cause permanent pain, disability or psychological harm

Serious injuries can arise from road traffic collisions, accidents at work, incidents in public places and other circumstances in which someone owed the injured person a duty of care. Industrial and workplace accidents can cause particularly severe crush injuries or limb loss, while road collisions may result in head injuries alongside fractures, scarring and other trauma.

Head and brain injuries can be especially complex. They may cause cognitive and behavioural changes as well as physical symptoms. This can affect how the person makes decisions and takes part in their own serious injury claim. Early specialist legal advice is particularly important in these cases.

What Should You Do After Suffering a Serious Injury?

Your immediate priority should be your health and safety. There is no expectation that somebody who has just experienced a traumatic accident should begin dealing with legal matters straight away.

Once the most critical stage of treatment has passed, you or a family member can seek initial legal advice. It is sensible not to delay unnecessarily, as evidence may become harder to obtain over time and legal deadlines apply. However, serious injury solicitors should work around the injured person's condition, treatment and ability to give instructions.

Depending on the circumstances, early practical steps may include:

• Keeping photographs, dashcam footage or CCTV relating to the accident

• Recording the names and contact details of witnesses

• Retaining accident reports, correspondence and medical documents

• Keeping receipts and a record of travel, care, equipment and other expenses

• Recording time away from work and any loss of earnings

• Making notes about symptoms and how the injury affects daily life

It is understandable if the injured person cannot collect this information themselves. Family members can often help preserve relevant documents and contact solicitors on their behalf.

Can a Family Member Make a Claim for Someone Who Lacks Capacity?

Where capacity is uncertain, an appropriate medical expert may need to assess the person. Solicitors do not make the medical determination themselves.

A person who lacks capacity to conduct proceedings is known as a protected party. Their serious injury claim can usually be managed with the assistance of a litigation friend. A child will also need a litigation friend, as they cannot conduct legal proceedings independently.

Vulnerability is not limited to mental capacity. Serious injury solicitors should also consider whether a client requires translation, accessible communication or another adjustment to participate comfortably in the case.

What Evidence Is Needed for a Serious Injury Claim?

According to Department for Transport figures, 29,537 people were killed or seriously injured on Great Britain's roads in 2024 alone and that figure does not account for serious injuries sustained at work, in public places or in other circumstances. Establishing the right evidence from the outset is one of the most important steps in any serious injury claim.

Evidence generally needs to establish two central issues:

• Liability - whether another person or organisation breached a duty of care and caused the accident

• The consequences - the injuries, financial losses and future support needs caused by that accident

The type of evidence required will depend on how the injury occurred. The table below sets out common examples: 

Independent medical evidence is one of the most important parts of the personal injury claim process. Appropriate specialists will assess the injury, likely recovery, future treatment and any permanent limitations. Their reports may also address care needs, capacity for work and whether the person can continue living independently.

Different experts may be required where somebody has several injuries. For example, amputation claims may involve evidence from orthopaedic or rehabilitation specialists, prosthetics experts, care experts and professionals who can assess accommodation or employment needs. Brain injury claims may require neurological, neuropsychological and care expert evidence alongside reports on future employment capacity.

For more information on how we approach personal injury cases, visit our Personal Injury Solicitors or speak to the team today.

What Are Interim Payments?

A claim may take months or years to resolve, particularly when treatment is ongoing or the long-term prognosis remains uncertain. Where liability has been admitted, it may be possible to request an interim payment before the final settlement.

An interim payment can help cover immediate financial pressures such as lost income, care, equipment or treatment. It is later deducted from the final compensation award. The amount requested needs to be proportionate so that sufficient compensation remains available for future needs.

In some circumstances, the defendant may agree to fund recommended treatment directly. This can allow the injured person to access rehabilitation sooner and may help medical experts form a clearer view of the likely outcome. 

What Is the Personal Injury Claim Time Limit?

The usual personal injury claim time limit in England and Wales is three years. This generally runs from the date of the accident or, in some cases, the date on which the injured person first knew that their injury was significant and attributable to another party.

Different rules may apply to children and people who lack the mental capacity to conduct proceedings. A court also has limited discretion in certain circumstances. Due to the correct deadline depending on the facts of each case, it is important to seek advice as early as reasonably possible rather than assume three years will always be available.

Starting a serious injury claim promptly can also make it easier to preserve evidence, speak to witnesses and arrange early support.

Frequently Asked Questions About Serious Injury Claims

How long does a serious injury claim take?

Serious injury claim timescales vary significantly depending on the severity of the injury, the complexity of the case and whether liability is disputed. Where injuries are severe and ongoing treatment is involved, it is often advisable not to settle until the long-term prognosis is clear. This can mean claims take considerably longer than standard personal injury cases, sometimes several years.

Can I still make a claim if I was partly responsible for the accident?

In many cases, you can still make a claim if you were partly responsible for the accident. Where a claimant is found to have contributed to their own injury, compensation may be reduced by a percentage that reflects their share of responsibility. This is known as contributory negligence. Serious injury solicitors can assess the circumstances and advise on the likely impact on your case.

What is the difference between general damages and special damages?

General damages compensate for pain, suffering and loss of amenity - the impact of the injury on the person's quality of life. Special damages cover financial losses and expenses, including lost earnings, care costs, medical treatment, rehabilitation, equipment and adaptations to the home. In a serious injury claim, both heads of damage are usually significant and establishing future losses accurately is one of the most important parts of the process.

Personal Injury Solicitors at Smith Partnership

No two life-changing injuries affect people in exactly the same way. Our personal injury solicitors can adapt the service around the injured person whether they are in hospital, recovering at home, communicating through family members or require additional support to take part.

Smith Partnership will guide you through the personal injury claim process, investigate liability, obtain independent expert evidence and assess the compensation required for treatment, rehabilitation, care, lost earnings and future needs.

If you or a family member has suffered a serious injury and you would like to understand your options, contact our team on 0330 123 1229, complete our contact form or email info@smithpartnership.co.uk.