Have you or a loved one suffered a catastrophic injury as a result of someone else’s negligence? You could be owed significant compensation in a personal injury claim for your injuries and we can help you.
Catastrophic injuries can leave a permanent disability and substantial reliance on others for basic needs. So if you have been thinking about seeking damages for the devastating impact of a very severe injury, this guide will lay out your options.
We also offer free advice via our helpline and can connect you with specialist catastrophic injury solicitors from our panel. To get in touch, please:
- Call us on 0800 408 7825
- Contact us via our website.
- Use the pop-up window below for immediate help and advice.
Browse Our Guide
- What Is A Catastrophic Injury?
- Can I Make A Catastrophic Injury Claim?
- What Are Potential Causes Of Catastrophic Injuries?
- Can I Claim For The Long-Term Impact Of Catastrophic Injuries?
- How Much Compensation For Catastrophic Injuries?
- What Evidence Could Be Used To Prove My Claim?
- Claim For Catastrophic Injuries On A No Win No Fee Basis
- More Resources About How To Claim For A Personal Injury
What Is A Catastrophic Injury?
The term ‘catastrophic injury’ is used to describe a life-altering condition that leaves the person with permanent or long-lasting disability.
Often, they can be injuries that involve the head and brain, spinal cord, internal organ damage and the loss of senses, as well as serious psychological damage.
Some typical examples of catastrophic injuries include:
- Traumatic brain injury
- Spinal cord damage that leads to partial or complete paralysis and incapacitation
- Severe burn injury
- Sensory loss, such as blindness and deafness
- Amputations of limbs
- Skull and spinal fractures
- Organ damage
- Any combination of injuries like these
Injuries such as these might require multiple surgical procedures and leave a permanent disability, as well as the need for constant professional nursing care for the remainder of the person’s life. This would prevent them from earning a living as they did before and potentially create significant expenses. We explain more on this below.
Can I Make A Catastrophic Injury Claim?
After suffering a catastrophic injury, you could be eligible to claim compensation under personal injury law if it was caused by a breach of the duty of care owed to you by another party.
There are laws in certain areas of everyday life that mean others are responsible for preventing you from encountering harm, for example, while at work, while using the roads, or shopping in supermarkets.
With this in mind, three points of eligibility must be met to have a personal injury claim considered valid:
- You were owed a duty of care.
- It was breached through action or inaction by a third party.
- You can prove this caused you to suffer a catastrophic injury.
How Long Do I Have To Make A Catastrophic Injury Claim?
You must also take legal action within the personal injury claim time limit. This is a 3-year period that runs from the date of the accident. If no claim is made within this period, you may be prevented from recovering any compensation.
It’s possible to represent someone who has lost the mental capacity to represent themselves because of their injuries. This also applies to those under 18. In both cases, the time limit is frozen until criteria are met. In the case of mental capacity, a person needs to have regained the ability to represent themselves and make decisions. For children under 18, the time limit starts when they come of age (at 18) and ends on their 21st birthday.
In both instances, a litigation friend can take legal action on their behalf. This could be a loved one or close relative.
Can I Claim On Someone’s Behalf For Catastrophic Injuries?
Yes, it’s possible to claim compensation on behalf of someone who has suffered a catastrophic injury.
As mentioned above, the time limit is suspended indefinitely for claimants who lack mental capacity. They would have three years to start a claim themselves from any date of their mental capacity returning. During this period, however, a litigation friend can initiate the claim on their behalf. The same applies to those under the age of 18.
What Are Potential Causes Of Catastrophic Injuries?
There are three main areas covered by personal injury law where you could get compensation for a catastrophic injury. Let’s look at the legislation that outlines a duty of care in each of them, as well as an example of a typical accident:
- The workplace – The Health and Safety at Work etc Act 1974 requires employers to take reasonable and practicable steps to remove the risk of harm to employees while they are working. Failure to meet this duty in the workplace could be when an employer provides a faulty ladder to an employee and they fall, sustaining severe head and spinal injury as a result.
- Public places – The Occupiers’ Liability Act 1957 requires all those controlling areas open to the public to take reasonable precautions to implement steps that safeguard the general public from harm. An example of a breach here would be a hotel that failed to ensure fire exits were kept clear and a guest became trapped and badly burned in a fire.
- On the roads – All road users must operate their vehicles in a way that minimises risk. To fully meet their duty of care to each other, they need to follow the Road Traffic Act 1988. Failure to drive safely and within the speed limit could cause a collision in which another person sustains life-altering head and spinal damage.
Can I Claim For The Long-Term Impact Of Catastrophic Injuries?
Yes, a compensation claim can account for the long-term impact of catastrophic injuries, and it’s important that it covers all bases.
For example, if you were left unable to work ever again, an amount for lost earnings can be determined using calculations on what you would have earned, taking into account the likes of inflation.
Other evidence includes estimates and invoices for any essential adaptations needed in your home after a serious injury. For instance, a catastrophic injury may mean that part of your home has to be modified for medical equipment.
With this in mind, it’s important to keep any bills, receipts and statements that show a cost to you because of the devastating consequences.
How Much Compensation For Catastrophic Injuries?
As well as claiming compensation for the long-term impact of a catastrophic injury, you can also claim compensation for the pain, suffering and impact on your life your injuries have had. This also accounts for any psychological injuries you’ve developed too.
Your catastrophic injury solicitor may refer to a publication called the Judicial College Guidelines (JCG) to help them determine a fair settlement amount. This publication (in its 17th edition) provides various award bracket guidelines for injury based on severity. Please note, that it’s a guideline only and does not reflect guaranteed figures.
To help illustrate, we’ve put together a table of amounts suggested for catastrophic injury, but please bear in mind they are only guide figures. Also, the first entry does not come from the JCG:
| Injury Area | Severity | Award Guidelines |
|---|---|---|
| Multiple forms of very severe injury that attract signidicant awards for lost earnings, care costs and medical fees. | Severe | Up to £1 million plus. |
| Eyes and ears | (a) Total blindness and deafness. | In region of £493,000 |
| Tetraplegia | Also known as Quadriplegia. | £396,140 to £493,000 |
| Head | (a) Very Severe | £344,150 to £493,000 |
| Eyes | (b) Total blindness | In region of £327,940 |
| Arms | (a) Loss of both arms | £293,850 to £366,100 |
| Legs | (a) Amputations - Loss of both legs (i) | £293,850 to £344,150 |
| Chest | (a) Serious | £122,850 to £183,190 |
| Back | (a) Severe (i) | £111,150 to £196,450 |
| Ears | (b) Total deafness | £110,750 to £133,810 |
What Evidence Could Be Used To Prove My Claim?
To build a strong argument for compensation in a catastrophic injury claim, it is important to assemble evidence. This can include:
- Contact information for eyewitnesses who can support your version of events.
- CCTV, dashcam and other video footage showing the accident.
- Medical records, specialist reports and X-rays or scans that prove injury.
- Evidence of prescription medications taken to cope with symptoms.
- A copy of the on-site accident book in the workplace or public place. If the accident happened on the road, a police report may also exist.
- Photos of the injuries and their cause.
- A personal record of treatments, important dates and your state of mind.
Claim For Catastrophic Injuries On A No Win No Fee Basis
A personal injury claim for catastrophic injury is something that you can launch on your own. However, it makes sense to see if a skilled expert solicitor can help first.
The panel solicitors we work with have the essential skills to help you collect evidence like witness statements, and assemble the necessary proof to best argue your case. They also work on a No Win No Fee basis, which means:
- No upfront solicitors fees.
- No ongoing solicitors fees for services
- No fees for completed services at all if the claim is unsuccessful.
- Only a small deduction applies if the claim settles in your favour. This is a percentage of the award and has a legislative cap to keep this amount low.
It takes just a moment to see if you could benefit from legal help like this. Simply connect with our advisors using the contact options below:
- Call us on 0800 408 7825 to discuss your compensation claim.
- Contact us via our website.
- Use the pop-up window below for immediate help and advice about serious injury claims.
More Resources About How To Claim For A Personal Injury
To learn more about catastrophic injury claims, these other resources might be useful:
- This guide discusses serious paralysis claims for compensation.
- Read about a serious head injury claim.
- Also, information about a claim for blindness here.
External links to help:
- Brain injury charity Headway offers support.
- This guide looks at severe head injury from the NHS.
- Also, when to call 999 from the NHS.