Types of Serious Injury Claims
How Serious Injury Claims Are Valued
Frequently Asked Questions
Can a family member claim on behalf of someone with a serious brain injury?
Yes. Where a claimant lacks mental capacity as a result of their injuries, a "litigation friend" manages the claim on their behalf — typically a close family member or a professional. The Court of Protection may be involved where there are significant financial decisions to be made or where the identity of the litigation friend is disputed. A specialist solicitor guides the family through the appointment of a litigation friend and the management of a protected party's claim. Any settlement must be approved by the court.
How much compensation can be received for a serious injury?
The value of a serious injury claim depends on the nature and severity of the injury, the claimant's age, and the care and financial losses generated over a lifetime. A brain injury claim for a young adult with high dependency care needs and permanent loss of earnings capacity can easily exceed £5 million when all heads of loss are assessed. A specialist solicitor ensures every head of loss is identified, expertly evidenced, and fully argued — early and inadequate settlements are a major risk in serious injury cases.
What are interim payments and how do I get one?
An interim payment is a payment on account of the final damages, ordered by the court or agreed voluntarily by the defendant. They are available once liability is established or not seriously disputed. For serious injuries, a solicitor applies for interim payments to fund immediate rehabilitation, specialist equipment, home adaptations, and ongoing care costs — rather than waiting years for a final settlement. Interim payments are taken into account when the final damages are assessed — they are an advance, not additional compensation.
Can compensation be paid as a structured settlement rather than a lump sum?
Yes — a Periodical Payments Order (PPO) can be made for future care costs and future loss of earnings, providing index-linked annual payments for life rather than a single lump sum. PPOs protect the claimant from the investment risk of managing a large lump sum and from the risk of living longer than the Ogden multiplier assumed. A specialist solicitor advises on whether a PPO or a lump sum better meets the claimant's long-term needs, which depends on their life expectancy, care needs, and investment capacity.
Is a Rehabilitation Code pathway available?
Yes — the Rehabilitation Code 2015 provides a voluntary framework for early, focussed rehabilitation funded by the defendant's insurer while the claim is ongoing. Most major insurers adhere to the Code. A specialist solicitor activates the Rehabilitation Code early in the claim, ensuring a case manager is appointed, a needs assessment conducted, and appropriate rehabilitation arranged — rather than waiting until settlement to fund private treatment. Early rehabilitation can significantly improve the claimant's long-term outcome and quality of life.