Your rights after major trauma: A guide to personal injury claims in England and Wales

Suffering a major trauma injury can be life-altering, not only physically and emotionally but also legally and financially. In England and Wales, if your injury was caused by someone else’s negligence—whether in a road traffic collision, at work, or in a public place—you may be entitled to bring a personal injury claim. Understanding your rights is the first step in securing the support you need.

What qualifies as major trauma?

Major trauma typically refers to serious injuries that require immediate and specialised medical care, such as spinal cord injuries, brain injuries, amputations, or multiple fractures. These injuries often result in long-term rehabilitation and permanent life changes.

The basis of a personal injury claim

To bring a successful claim, you must demonstrate that another party owed you a duty of care, breached that duty, and that breach caused your injury. For example, if a driver ran a red light and collided with your vehicle, leading to a traumatic injury, you may have grounds for a claim.

Key legal rights to know

  1. Right to Compensation: You may be entitled to compensation for:
    • Pain, suffering and loss of amenity
    • Loss of earnings (past and future)
    • Medical treatment and care costs
    • Adaptations to housing or transport
    • Rehabilitation support
  2. No win, no fee options: Many lawyers operate on a “no win, no fee” basis, meaning if your claim is unsuccessful, you should not be liable for your own lawyer’s time costs.
  3. Time limits: There’s usually a three-year time limit from the date of the injury (or from when you became aware of the injury) to make a claim. However, exceptions apply for children, those lacking mental capacity, accidents at sea or in the air and injuries caused by an unprovoked assault.
  4. Access to rehabilitation: The Rehabilitation Code encourages early access to treatment and support, even before a claim is fully settled.

The legal process

The process typically begins with a free consultation, followed by evidence gathering, including medical records and expert assessments. Your lawyer will notify the responsible party and attempt to negotiate a settlement. If an agreement isn’t reached, the case may proceed to court, though most are settled beforehand.

Getting the right support

A lawyer with experience in major trauma cases can guide you through the legal system while also coordinating with medical professionals and rehabilitation providers. Your lawyer should take a holistic view of your needs—not just your legal entitlements.

How Major Trauma Group can help

Bringing a personal injury claim is about more than just compensation—it’s about reclaiming your future. Understanding your rights empowers you to make informed decisions and secure the care and support you deserve after major trauma.

For a free no obligation chat with a specialist major trauma lawyer, contact us by email hello@majortraumagroup.co.uk or call 0330 311 2578 and we will arrange for a specialist to call you back at a convenient time.

Get advice from a serious injury solicitor about a compensation claim

Company Information

Major Trauma Group is a trading name of Major Trauma Network CIC, a not-for-profit company registered in England and Wales with registration number 9341474, whose registered office address is 12 Keats Way, Coulsdon, CR5 3FL

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