To be eligible to claim compensation for a serious injury, you must be able to prove that you experienced an injury that was caused by someone else. At Switalskis, our specialist solicitors are serious injury experts and can collect evidence on your behalf to show that you're entitled to compensation.

To succeed, we must show that:

• The defendant owed you a duty of care;
• They breached their duty of care; and
• The breach caused your injury.

When an accident happens in a public place, the local council or another property owner has a duty of care to minimise health and safety risks. On the road, other drivers owe a duty of care to drive safely. As such, the existence of a duty of care is often taken as read, and there are several ways that it might be breached:

• Negligence, such as a driver failing to follow road rules or an employer breaching health and safety duties.
• A breach of statutory duty, such as failing to comply with workplace regulations.
• Occupiers’ liability where unsafe premises have caused harm.

We typically rely on expert evidence to establish that the defendant's conduct (or lack of action) breached your duty of care.

We will use your medical records and work with independent medical experts to establish the nature and cause of your injury and tie it to the accident. There is no strict legal definition of a “serious injury,” but claims are generally treated as serious where they involve:

• Long-term or permanent disability (e.g. spinal cord injury, amputation, brain injury).
• A significant loss of function affecting mobility, cognition or independence.
• Severe psychological harm, particularly where it affects daily life or ability to work.
• Extended recovery periods or the need for ongoing medical care and rehabilitation.

In practice, these cases tend to involve higher-value claims and more detailed medical evidence. Switalskis specialises in brain and spinal injuries, and will make sure that the full extent of any pain and suffering, the costs of ongoing medical treatment and the long-term impact are taken into account when calculating your compensation.

If you're unsure whether you're entitled to claim, contact our leading serious injury lawyers for advice tailored to your specific circumstances.

In serious injury claims, damages aim to place the claimant in the position they would have been in had the injury not occurred, as far as possible. As such, it is impossible to estimate how much you could be owed without a thorough understanding of the specifics of your case.

Serious injury claim payouts will be divided into general damages and special damages. General damages cover the pain, suffering and loss of amenity caused by your accident. They are assessed using medical evidence and the Judicial College Guidelines, which establish brackets for different types of injury based on their nature and severity.

In serious injury cases, an injured person will often receive more compensation for aspects such as:

• a permanent disability;
• reduced life expectancy;
• the loss of independence or an ongoing reliance on others; and
• an inability to take part in activities they previously enjoyed.

Special damages are for financial losses and expenses, both those already experienced and those that you're likely to experience in the future because of your accident. This covers a range of outgoings, including:

• Loss of earnings, including salary, bonuses, and missed career progression. This also includes future loss of earnings if your ability to work is permanently affected by severe injuries.
• Medical expenses for private treatment, prescriptions, therapy and rehabilitation.
• Travel costs for attending medical appointments.
• Care and assistance, whether provided by family and friends or a professional carer.
• Specialist equipment or aids to accommodate a permanent disability.
• Property damage: for example, a vehicle in a road traffic collision.

To recover compensation for these losses, they must be supported by documentary evidence such as payslips, invoices or receipts. Future losses will be calculated based on expert assessments.

It is important to seek legal advice from a solicitor with serious injury expertise to learn how much compensation you could be owed, as there are many more long-term factors to account for than when claiming for minor injuries. When you make a no win, no fee serious injury claim with Switalskis, there are no legal fees to pay up front and nothing to pay if your claim is unsuccessful. This means that there is no financial risk involved in starting the process.

If you’ve started the process of making a personal injury claim and are unhappy with your solicitor, the good news is that it’s easy to switch. Switalskis will handle the process on your behalf, and pick up your claim where it left off. Find out more about how we can help in our guide to switching solicitors.

Read more here .

To get started, give us a call today on 0800 1380 458 , or get in touch with us through our website to find out more about how we can help.

Personal injury claims come in various shapes and sizes, each with its own set of rules, challenges and considerations. At Switalskis, we've got the expertise to handle a wide range of personal injury claims. Here's a quick rundown of the various types of personal injury claims we can help you with: