How To Bring A Catastrophic Personal Injury Claim

Catastrophic Personal Injury Claims – A Practical Guide

If you or a loved one has suffered a catastrophic personal injury caused by the negligence of another person, business, or public body, expert legal support is essential. At this stage, choosing the right Personal Injury Solicitor can make a significant difference to both your recovery and your future security.

Because catastrophic personal injury claims can take up to three years to resolve, it is vital to work with a solicitor who not only understands complex legal issues but also prioritises early access to rehabilitation. Equally important, you should feel confident that your solicitor genuinely cares about helping people whose lives have changed forever.

What Is a Catastrophic Personal Injury?

A catastrophic personal injury is one that causes permanent or life-altering damage. In most cases, a full recovery is not possible.

These injuries typically include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Major burns
  • Amputations

As a result, compensation from a catastrophic injury claim often supports long-term needs. For example, it can fund home adaptations, full-time care, and ongoing medical treatment. Moreover, it can provide financial security for the injured person and their family, particularly if the claimant was the main household earner.

How Do I Begin a Catastrophic Personal Injury Claim?

In many situations, the injured person is unable to begin the claim themselves. Therefore, a close family member often contacts a Personal Injury Solicitor on their behalf.

At the outset, the solicitor will gather as much information as possible about the accident and the injuries sustained. However, especially in cases involving brain injuries, it is often too early to determine the full long-term prognosis. For this reason, early legal advice focuses on protection, rehabilitation, and financial support rather than final compensation figures.

What Steps Does a Solicitor Take During a Catastrophic Injury Claim?

From the beginning, your solicitor’s priority is to secure early support for your recovery. In particular, they will aim to:

  • Obtain an interim payment from the Defendant’s insurer
  • Appoint a case manager to coordinate rehabilitation

These steps allow a structured rehabilitation programme to begin as soon as possible. To achieve this, solicitors rely on the Rehabilitation Code 2015, which encourages cooperation between both parties to restore the claimant’s health, independence, and quality of life while the claim progresses.

Depending on the severity of the injuries, multiple interim payments may be required. Therefore, an experienced Catastrophic Personal Injury Solicitor will negotiate ongoing funding to ensure access to the rehabilitation services you need.

At the same time, your solicitor will follow the Pre-Action Protocol for Personal Injury Claims. This process promotes early information exchange, encourages settlement without court proceedings where possible, and ensures rehabilitation remains a priority throughout the claim.

How Is Negligence Proven in a Catastrophic Injury Claim?

To succeed in a catastrophic personal injury claim, the claimant must prove, on the balance of probabilities, that:

  • The Defendant owed a duty of care
  • The Defendant breached that duty
  • The breach caused the injury and resulting damage

Although this test appears straightforward, complications often arise. For example, disputes may occur over foreseeability or causation. Consequently, your solicitor will examine medical records, investigate the accident scene, and instruct expert witnesses to assess how the injury occurred and its long-term impact.

What Happens After Compensation Is Awarded?

Importantly, your solicitor’s role does not end once compensation is secured. In cases involving lifelong care, housing adaptations, or substantial financial awards, additional safeguards are essential.

Therefore, your solicitor will usually refer you to a Court of Protection Solicitor. They can help place your compensation into a Personal Injury Trust, which protects your funds while allowing you to continue receiving any means-tested benefits you are entitled to. This approach ensures your compensation supports your welfare both now and in the future.

Final Thoughts

Catastrophic personal injury claims are complex and emotionally demanding. As a result, you need a solicitor who combines legal expertise with compassion and determination. With the right support in place, you can focus on your recovery while your legal team fights to secure the rehabilitation and compensation you deserve.

At NJS Law, our Serious Injury Team has decades of combined experience representing clients in catastrophic personal injury claims. We are sympathetic, understanding, and committed to supporting you at every stage of the process.

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