The injuries that you suffer as a result of accidents can be wide ranging and varied in severity and complexity. Your injuries may result in amputation, burns, crushes, head or brain injury, injury to internal organs, spinal or spinal cord injury, psychological injury, or multiple broken bones, known as complex musculoskeletal injury, sometimes abbreviated to “MSK”.

Instructing a specialist major trauma injury solicitor ensures you receive expert advice on how to cope with the impact of your accident and what practical and financial assistance you will need to rebuild your life, giving valuable support to you and your family to reduce stress.

What is a personal injury claim?

You can make a claim for personal injury compensation if you have suffered injury after an accident that was not your fault. The claim is generally made against the insurer of the party at fault for the negligence. If they do not have any insurance the claim is made directly against the party if they have the financial means.

In the case of road traffic accidents where the party at fault is either uninsured or cannot be traced for example, in hit and run cases, claims are brought against the Motor Insurers Bureau (“MIB”).

If you or a loved one have been injured as a result of a criminal act, for example an assault, claims are brought against the Criminal Injuries Compensation Authority (“CICA”).

What can I claim for in a personal injury claim?

The compensation award, referred to as “damages”, falls into two main categories:

General damages

These cover pain, suffering and the loss of amenity that you have suffered. This is worked out from the type of injuries you have suffered and the severity of them, including the impact they have on your day-to-day life.

Special damages

These cover past and future financial losses and expenses that you have had as a direct consequence of your injuries and can include travel expenses, medical expenses, loss of earnings (present and future), housing adaptations, and aids and equipment.

When should I make a claim for personal injury compensation?

It is important to make a personal injury claim as soon as possible after you have suffered your accident. This way, your legal team can gather as much evidence as possible about the circumstances of the accident and the injuries and losses you have suffered.

In most cases, you have 3 years from the date of your accident in which to make a claim. However, if the accident involves a child the 3-year period begins on their 18th birthday. If the person involved has suffered a brain injury and loss of mental capacity, referred to as a Protected Party, there is no time limit on when a personal injury claim can be made, unless mental capacity is regained, at which point the 3-year period begins. Different time limits also apply for claims to the Criminal injuries Compensation Authority if your injury is as a result of a violent assault or an accident abroad, where the limit is 2 years.

How long will my personal injury claim take?

Cases involving major trauma and life-changing injuries can take an average of 3 to 4 years, but this period can be longer, for example for children or where there is a dispute over who is at fault for the accident or the amount of compensation claimed.

How do I fund a personal injury claim?

Most of the work carried out on your behalf tends to be funded through a Conditional Fee Agreement often called a “CFA” or “no win, no fee agreement” but there are other funding options available which your solicitor will discuss with you.

Who should I instruct if I have suffered a major trauma?

It is vital that you have the right legal support by your side should you wish to pursue a personal injury claim for compensation after suffering a major trauma. Specialist solicitors should be familiar with the Rehabilitation Code and Serious Injury Guide and be focused on getting early funding for treatment and rehabilitation, and ongoing financial support for you and your family to reduce the stress caused and help you to rebuild your life.

Major Trauma Group members are specialist in utilising the Rehabilitation code as part of the personal injury claims process. The Code provides for an assessment in respect of physical, physiological, social and vocational needs and subsequent funding for treatment and support. It may also be possible to secure interim payments to alleviate financial hardship.

What other help can I get if I have suffered from a personal injury?

If you have suffered a major trauma you are likely to have ongoing rehabilitation and treatment needs after you have been discharged from hospital, these may include:

• Physiotherapy;
• Occupational therapy;
• Psychological treatment;
• Speech and language therapy.

These treatments are designed to maximise your recovery and help you to regain your mobility and independence whilst improving your psychological wellbeing. It is important that you can come to terms with your disability and adapt to a new way of life.

In complex claims, early legal support is important because it can result in access to treatment and rehabilitation which can help improve your recovery outcome, minimise the impact of the injury on your life, help you to plan your future and, where possible, return to work or education.

Funding for rehabilitation can be obtained from the insurer of the party responsible for your accident either via a Rehabilitation Code payment or by way of interim payments.

Where can I get further help and advice?

You and your family are also likely to need advice on a wide range of legal issues that may arise in the aftermath of a major trauma because of the impact it has on home and work life, family life, day to day activities and independence.  You may need advice on employment issues, housing, welfare benefits, wills and probate or family issues. We can offer practical advice and help with financial matters and address concerns if you cannot work or have any financial concerns by way of obtaining interim payments.

If you would like our help with making a personal injury compensation claim or legal advice please get in touch:

1. Email hello@majortraumagroup.co.uk
2. Via the contact us form on this page