A compensation claim for a serious injury must follow the general claim timescale, and be made within 3 years of the incident which caused the injury. However, there are exceptions to this rule that could apply depending on the circumstances:

• Mental Capacity - If a person is judged to lack the mental capacity to take legal action, the 3-year limit will not apply until and unless the individual regains capacity.
• Children - If a child suffers from a serious injury, the 3-year limit doesn’t start to run until their 18^th birthday.
• Criminal Assault (CICA Scheme) - If an injury was a result of a criminal assault, the time limit on the claim to the CICA is only 2 years unless either of the two above points applies.
• Date of Knowledge - Particularly relevant to clinical negligence and industrial disease cases, the 3 year limitation period only begins once the individual is aware of the injury/disease. This is a complicated area of law, and it’s always best to make a claim sooner rather than later.

What evidence do I need?

If you have been involved in a serious accident, there are certain things you should do:

• Seek medical attention - You must ensure that you get the medical treatment necessary for the severity of your injuries; plus a medical report is a very important document when it comes to claiming compensation.
• Contact the police - Additionally, a police report is crucial when filing for a personal injury claim especially in serious Road Traffic Accidents.
• Take Pictures - If possible take lots of photographs of the accident scene, or ask someone else to on your behalf; including photos of injuries and any damaged vehicle/property. These will act as important pieces of evidence when claiming compensation.
• Get witness details - Make sure contact details of any witnesses to the accident are collected. Having a witness will play a key role in proving that the accident wasn’t your fault.

How much compensation can I claim?

There are several factors that will contribute to the decision of how much compensation is to be rewarded:

• The severity of the injury and future medical treatment required
• Loss of earning and/or ability to work
• The extent to which another party is responsible
• Level of care and support required that you need both now and in the future
• Future needs in terms of care, aid, and appliances you require in everyday life
• Life expectancy

As well as any medical expenses/treatments and loss of earnings, following a serious injury, you may also be able to claim compensation for other damages such as:

• Rehabilitation - A vital part of your recovery, which can be very expensive. Treatments can take a long time, especially when undertaking for example physiotherapy, vehicle adaption and prosthetic rehabilitation. A continued rehabilitation package may be required.
• Travel Expenses - A lot of money can go into travelling to and from hospitals and other various facilities both now and in the future.
• Care and support - You require extra care and help following an accident, this may be from family or a professional care regime.
• Adapting accommodation - If the injuries result in disability, which affects mobility and function, suitable accommodation will have to be considered.
• General Damages - This accounts for the pain and suffering you experienced as a result of your injury

You can claim on behalf of another person if necessary. This might be a family member or loved one, who lack the capacity to do it themselves, or needs help making the claim. Responsibilities when taking on this role will include talking to a solicitor and making decisions regarding the victim’s claim.

How long do I have to make my claim?

Generally, a person has 3 years from the date of their accident/injury to make a personal injury compensation claim; or court proceedings must have begun within this time period.

There are some exceptions to this, which our Personal Injury Team would be able to advise you on. For example, for a child, the time limit begins on their 18th birthday, and there is no limit for anyone who does not have mental capacity.

We would strongly advise contacting us as soon as possible after an accident, allowing as much evidence to be persevered as possible, to help your case.

I haven’t been to my GP or Hospital - Can I still claim?

Yes but given that you have not sought any medical attention your injuries may be seen as minor in nature.