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What Is Considered a Serious Injury in a Car Accident?

By Simon Rooney

Published In: Personal Injury

If you've been in a car accident, you know how quickly your life can change. Accidents can cause a range of injuries, some of which are minor, while others are serious or life-changing. When an accident happens, the first thing most people think about is their health, particularly if they have been affected by a serious injury. It may help to know that you can often claim compensation to support your recovery and address any financial losses caused by an accident.

While you don't need to have experienced a serious injury to claim compensation for a serious collision , it will affect how much compensation you are entitled to. You may also hear your solicitor or insurance company talk about a serious injury or a catastrophic injury, and wonder what it means for you. Here, the experienced serious injury solicitors at Switalskis explain how the court determines what counts as a serious injury following a road traffic accident, and how it affects how much compensation you can expect to receive.

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What counts as a serious injury in a car accident?

Legally, there is no single definition of a serious injury. Instead, it generally includes all injuries that have long-term or permanent effects on your health. A serious injury may be any physical or harm that has a significant, long-term impact on your life. It often means you need to stay in hospital as an in-patient, and will be associated with a long recovery period. It might mean you cannot go back to work for a long time or, in the most serious cases, that you cannot return to work at all.

As such, any of the following injuries may be considered serious following a car accident:

  • Severe fractures that need surgery
  • Internal injuries that damage your organs
  • Spinal injuries that lead to paralysis
  • Traumatic brain injuries that change how you think or behave
  • Severe cuts that leave permanent scars
  • Severe burns that cover large areas of the body or cause deep tissue damage

If you are likely to make a full recovery within a few months, the injury may not reach the threshold for being considered serious. However, if the impact is permanent or long-lasting, this will result in higher compensation in a serious injury claim.

What one person considers a slight injury is often much more difficult for someone else to manage, and your solicitor should look at your individual circumstances to understand how the injury affects your day-to-day life and determine whether it should be treated as serious by the court.

Is a catastrophic injury different from a serious injury in a car accident?

A catastrophic injury is a type of serious injury that is particularly severe and often life-changing. In many cases, these are a type of injury from which the person will never fully recover. They may need ongoing treatment for the rest of their lives, or require adaptations to their car or their home to accommodate a permanent disability. Any of the following types of injury will be considered serious in legal terms:

Spinal cord damage

If the spinal cord is damaged in a car accident, the results can be devastating. Spinal cord damage can cause loss of movement or sensation that can lead to permanent disability. This will change how you live, and any costs associated with these changes should be taken into account in a compensation claim.

Traumatic brain injuries

Head and brain trauma are common in high-speed collisions. A traumatic brain injury (TBI) can result in impairment, memory loss and long-term neurological problems. In the most serious cases, it can change your personality and your ability to look after yourself. These are truly life-changing injuries that need expert care and specialist support, the costs of which may be recovered through compensation.

Amputations and loss of limb

The force involved when vehicles collide can be massive. This can lead to the loss of a limb at the scene or the need for a surgical amputation later. This has a lasting impact on a person's independence and their ability to work.

Severe fractures

Severe fractures involve complex breaks of major bones, like the pelvis or the femur. These often need multiple surgeries and months of rehabilitation. These fractures can lead to long-term consequences such as chronic pain or reduced mobility.

Internal injuries

Not all injuries are visible on the outside. Internal injuries are often classified as serious because they can be life-threatening. The impact of a car accident can crush your internal organs against your ribs or other bones.

Common internal injuries include a ruptured spleen, a punctured lung, kidney damage and internal bleeding. People involved in a crash often do not realise they have internal damage until they receive roadside attention or a hospital scan. As such, these are among the most dangerous and potentially life-threatening injuries.

Psychological harm

When making a personal injury claim, your compensation should also include harm. The trauma of a serious accident can be just as debilitating as a physical injury, and may form part of a serious injury compensation claim.

Many people suffer from severe PTSD, chronic anxiety or depression after a crash. If this trauma stops you from living your life or going back to work, it's a serious matter that should be factored into compensation.

Fatal accidents

If a fatal accident has happened, the family of the person who was killed can make a claim for funeral costs and financial support for those left behind. If a loved one dies as a result of injuries sustained in a car accident, the family may be entitled to bring a fatal accident claim.

To win a serious injury claim, we'll work with medical experts who can explain the long-term prognosis of your injury based on your medical records. These experts will look at how you're healing and what support you will need in the future, and we'll use this as evidence in your case.

They help us understand if you will face future health needs or if you will need a lifetime of care. It will show the court or the insurance company exactly how your life has changed. This is important, as those with the most severe injuries can find their lives changed by their accident.

How much compensation will I receive?

Every case is different, and the compensation you could receive will depend on the nature of your injury and your personal circumstances. Compensation reflects factors such as the severity of the injury, its long-term impact and your future care needs. Serious injury claims often result in higher compensation because of long-term or lifelong care and rehabilitation needs. The compensation is divided into two key aspects.

General damages compensate you for the injury itself, including the pain, suffering and loss of amenity. This means loss of enjoyment of life, hobbies, independence, social life, sport, family activities or other things you can no longer enjoy in the same way. General damages will take into account not only physical injuries, but any injury, permanent disability, scarring or chronic pain.

Special damages compensate you for financial losses caused by the accident. These can include both past losses and future losses, but must be based on specific evidence. You can often claim for:

  • Loss of earnings, including overtime, bonuses, pension loss or reduced earning capacity
  • Medical treatment, rehabilitation, physiotherapy, counselling and medication
  • Care and assistance, whether from paid carers or help from family and friends
  • Travel expenses to appointments
  • Damage to your car (or other vehicle) caused by the accident
  • Any home adaptations, mobility aids, prosthetics and specialist equipment needed to improve your quality of life
  • Accommodation needs, such as moving to accessible or adapted housing where necessary

Special damages are usually proved with payslips, invoices, receipts and other evidence. Our goal is to ensure you have the financial security to live as comfortably as possible, and we'll work to secure the maximum compensation for you to support this.

Interim payments

If you have urgent financial needs, we'll pursue interim payments. These are part of your final compensation paid early, while negotiations or court proceedings are ongoing, and they can be used to cover immediate costs like private medical treatment or rent.

Interim payments take the pressure off while your claim is still moving forward. They can cover the cost of mobility aids or private nursing care. This financial support allows you to focus on your recovery, access early rehabilitation and make the most of your recovery.

Find out how Switalskis can help you

At Switalskis, we have extensive experience handling complex and high-value serious injury claims and successfully delivered compensation for drivers, motor vehicle riders, passengers and pedestrians. When other drivers do not obey the speed limit or local authorities fail to maintain minor roads, the risk of injury can be very serious.

If you've sustained injuries in an accident that wasn't your fault, we'll fight to secure the maximum compensation that reflects your needs and helps you to rebuild your life. Contact Switalskis today to speak with a specialist serious injury solicitor and get further information on the claims process. We're ready to help you navigate the path to recovery. Call us on 0800 138 0458 or reach us via our website .

Find out how Switalskis can help you

Call Switalskis today on 0800 1380 458 . Alternatively, contact us through the website to learn more.

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Simon is a Senior Associate Solicitor, specialising in complex multi-track serious injury claims.

Senior Associate Solicitor

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