Reviewed by Leanne Henton, Solicitor & Head of Personal Injury and Medical Negligence Claims at NJS Law · Last reviewed July 2026 · England & Wales
A serious injury claim helps someone who has suffered a life-changing injury through another's negligence recover compensation and access support. In England & Wales you usually have three years from the date of the injury (or the date of knowledge) to claim, though different rules apply where the injured person lacks mental capacity. Larger claims often involve interim payments, rehabilitation and expert evidence, and are typically funded on a no win, no fee basis.
A serious or catastrophic injury changes everything — not only for the injured person, but for their whole family. Beyond the immediate medical crisis come questions about long-term care, lost income, adapted housing, and how life will look in years to come. Serious injury claims are not just about compensation; they are about securing the rehabilitation, support and financial security needed to rebuild a life after avoidable harm. This guide explains how serious injury claims work in England & Wales, from the first steps through to settlement.
Related services: Serious Injury Claims · Brain Injury Claims · Spinal Cord Injury Claims · Amputation Claims · Personal Injury Claims
A serious injury — sometimes called a catastrophic injury — is one with a profound, often permanent, effect on a person's health, independence and ability to work. These claims are distinct from ordinary personal injury claims because of their scale, complexity, and the long-term needs involved. They commonly include:
Serious injuries can arise from road traffic accidents, accidents at work, falls from height, defective products, or medical treatment. Because the long-term impact may not be fully known for months or years, these claims are handled carefully and rarely settled until the prognosis is clear.
As with any personal injury claim, a serious injury claim must establish that someone else was legally responsible. A successful claim usually needs to show three things:
Duty of care — the person, company or organisation responsible had a legal obligation to take reasonable steps to prevent foreseeable harm.
Breach of duty — that duty was breached because reasonable care was not taken.
Causation — the breach caused the injury, or made an existing condition significantly worse.
You may still be able to claim even if the injured person was partly responsible (contributory negligence) — compensation may be reduced to reflect their share of fault, but a claim is not prevented. Claims can also be brought on behalf of a child or someone who lacks mental capacity by a litigation friend, which is common in serious injury cases involving brain or spinal injury.
The injured person's health and stabilisation always come first. Seeking specialist legal advice early is valuable in serious injury cases — not to rush a claim, but because early intervention can unlock rehabilitation and interim funding that improves long-term recovery. Contemporaneous medical records also form the foundation of the claim.
Your solicitor investigates how the injury happened — obtaining accident, safety and medical records, identifying the correct defendant and insurer, gathering witness evidence, and instructing experts on liability where needed. A formal Letter of Claim is sent to the defendant or insurer. Establishing liability early is particularly important in serious injury cases, as it can open the door to interim payments.
Where liability is admitted (in whole or in part), interim payments may be secured before the claim concludes. These can fund private rehabilitation and therapy, specialist equipment, adapted accommodation, care support, and relieve financial pressure from lost earnings. Early rehabilitation, often arranged under the Rehabilitation Code, can significantly improve long-term outcomes — which is why it sits at the heart of how serious injury claims are run.
Serious injury claims usually require evidence from several independent experts — for example neurologists, orthopaedic surgeons, neuropsychologists, care experts and occupational therapists. They assess diagnosis, prognosis, future care needs, and the lifelong impact on work and daily life. This evidence is essential to value the claim fairly, particularly the future losses that often make up the largest part of a serious injury award.
Most claims settle through negotiation, but serious injury cases are rarely concluded until the long-term prognosis is clear, to avoid under-settlement. Compensation may be paid as a lump sum, or partly as periodical payments (an index-linked income for life) where future care and losses are substantial. Where the injured person is a child or lacks capacity, court approval is required before settlement, and the award may be managed through the Court of Protection to protect their interests.
Under the Limitation Act 1980, most serious injury claims must be started within three years of the date of the injury, or the date the injured person became aware it was linked to negligence (the date of knowledge). Important exceptions are especially relevant in serious injury cases:
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Check my time limitFor a full breakdown, see our complete guide to claim time limits.
There is no fixed amount, and serious injury awards can be substantial because they reflect a lifetime of need. Compensation is divided into two parts:
In serious cases, special damages may cover lifelong care and case management, adapted accommodation and equipment, ongoing treatment and rehabilitation, loss of earnings and pension, and assistive technology. The injury element is valued using the Judicial College Guidelines:
| Type of injury | Key factors | Indicative range |
|---|---|---|
| Brain injury (very severe) | Degree of insight, life expectancy, care needs | £344,000 – £493,000+ |
| Brain injury (moderate) | Cognitive effect, ability to work | £49,000 – £256,000 |
| Tetraplegia (quadriplegia) | Level of injury, pain, awareness | £396,000 – £493,000+ |
| Paraplegia | Age, pain, degree of independence | £267,000 – £346,000 |
| Loss of both legs / arms | Level of amputation, prosthetic use | £293,000 – £500,000+ |
| Loss of one leg (above knee) | Age, level, phantom pain | £127,000 – £167,000 |
| Severe psychological injury | Prognosis, effect on life and relationships | £66,000 – £140,000 |
Ranges are based on the Judicial College Guidelines and are for general guidance only — they are not a quote. In serious injury claims, future losses (care, accommodation, lost earnings) are assessed separately and often far exceed the injury element itself. Each claim is valued on its own facts and expert evidence.
Want to understand what a serious injury claim could be worth? Our team can give you a free, no-obligation assessment.
Get a free assessmentSerious injury claims generally take longer than standard claims — often two to three years or more — because the full, lifelong impact of the injury must be understood before the claim can be fairly concluded. Where liability is admitted early, interim payments and rehabilitation can begin long before the claim settles, so support is not delayed while the value of the claim is worked out.
Most serious injury claims are funded under a no win, no fee agreement (a Conditional Fee Agreement): no upfront fees, no legal fees to pay if the claim does not succeed, and a capped deduction from compensation only if it succeeds. In some cases additional insurance may be arranged to protect against certain costs. All funding is explained clearly before you proceed. Read how no win, no fee works.
A serious injury claim is as much about rehabilitation and support as it is about compensation. We understand the pressure families face — uncertainty about the future, financial strain, and the practical challenges of adapting to life after a life-changing injury. We prepare each case thoroughly, instruct the right specialists, pursue interim payments and rehabilitation wherever possible, and value future needs carefully so nothing is overlooked. Throughout, we offer calm, practical guidance while ensuring you and your family remain in control. More reasons to choose NJS Law.
Contacting NJS Law does not commit you to a claim. We'll listen, explain how the law applies, and tell you honestly whether we can help — free and with no obligation.
Start my free claim check → or call free on 0800 6525 656 · No win, no fee on eligible claims (subject to terms)The terms are often used interchangeably. Both describe injuries with a profound, usually permanent, effect on a person's health, independence and ability to work — such as brain, spinal and amputation injuries. What matters legally is the lifelong impact and the level of future care and support required, not the label.
Yes. Where someone lacks the mental capacity to bring a claim, or is a child, a litigation friend (usually a close family member) can claim on their behalf. Court approval is required before any settlement, and the award may be managed to protect the injured person's interests.
If liability is admitted, interim payments are advances on the final compensation that can be released before the claim settles. They can fund private rehabilitation, specialist equipment, adapted accommodation and care, and relieve financial pressure — helping recovery start straight away rather than waiting years for settlement.
Because the full, lifelong impact of a serious injury often isn't clear for a long time. Settling too early risks under-compensation. Claims are usually concluded only once the medical prognosis and long-term needs are properly understood — but interim payments and rehabilitation can begin much earlier.
In large claims, instead of a single lump sum, part of the compensation may be paid as periodical payments — a guaranteed, index-linked income for life. This is often used to fund ongoing care and ensures the money lasts as long as the need does.
Most serious injury claims settle without a trial. Where the injured person is a child or lacks capacity, a short court hearing is needed to approve the settlement, but this is a protective step rather than a contested trial. If a contested hearing is ever required, you will be fully supported throughout.
Explore specific topics in detail — part of our complete serious injury resource.
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