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 receive for a serious injury 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.