Question 1

How long does a serious injury claim take?

Accepted Answer

Serious injury claims typically take longer than straightforward personal injury cases — often two to five years, and sometimes longer in the most complex cases. The timeline depends on how quickly liability can be established, how long it takes for the medical prognosis to become clear, and whether the case settles or proceeds to trial. We will give you a realistic assessment of timescales at the outset and keep you updated throughout.

Question 2

How much is a brain injury claim worth?

Accepted Answer

Brain injury compensation varies enormously depending on the severity of the injury and its long-term consequences. Moderate brain injury claims may settle in the range of £100,000–£300,000. Severe traumatic brain injury claims — particularly where there is significant cognitive impairment, loss of capacity or long-term care needs — can be worth several million pounds. We will give you an honest assessment of the likely value of your claim once we have reviewed the medical evidence.

Question 3

Can I get money before my claim settles?

Accepted Answer

Yes. Where liability is admitted or likely to be established, we can apply to the court for an interim payment — a payment on account of your eventual compensation. Interim payments can be used to fund immediate rehabilitation, care costs, equipment, home adaptations and lost earnings. Securing early interim payments is one of the most important things we do in serious injury cases, and we pursue them as a priority.

Question 4

What is a no win, no fee agreement for serious injury?

Accepted Answer

Most serious injury claims are funded on a Conditional Fee Agreement (CFA) — commonly known as no win, no fee. Under a CFA, you do not pay our fees if your claim is unsuccessful. If your claim succeeds, we charge a success fee (capped at 25% of your compensation for certain heads of loss). We also arrange After the Event (ATE) insurance to protect you against the defendant's costs if the claim is unsuccessful. We explain all of this clearly before any work begins.

Question 5

Can I claim if I was partly at fault?

Accepted Answer

Yes. If you were partly at fault for the accident, your compensation may be reduced to reflect your share of the responsibility — this is known as contributory negligence. For example, if you were found to be 25% at fault, your compensation would be reduced by 25%. Contributory negligence does not prevent you from making a claim, and in many cases the reduction is modest. We will advise you honestly on how contributory negligence might affect your claim.

Question 6

How long do I have to make a serious injury claim?

Accepted Answer

In most personal injury cases, you have three years from the date of the accident (or from the date you became aware of the injury) to bring a claim. There are important exceptions: for children, the three-year period does not begin until they turn 18; for those who lack mental capacity, the limitation period may not run at all. Fatal accident claims must generally be brought within three years of the date of death. We strongly recommend seeking advice as early as possible — evidence can be lost and witnesses' memories fade.

Question 7

What is a Periodical Payment Order (PPO)?

Accepted Answer

A Periodical Payment Order (PPO) is a way of structuring compensation in catastrophic injury cases — particularly brain injury, spinal injury and amputation — so that the injured person receives regular, index-linked payments for ongoing care and case management rather than a single lump sum. PPOs provide greater long-term security because the payments continue for life and are adjusted for inflation. They are particularly appropriate where the injured person has significant long-term care needs.

Question 8

What is a Personal Injury Trust?

Accepted Answer

A Personal Injury Trust is a legal arrangement that allows compensation to be held separately from the injured person's other assets. This is important where the injured person receives means-tested benefits — such as Universal Credit, Housing Benefit or Personal Independence Payment — because compensation held in a trust does not count as capital for means-testing purposes. Without a trust, receiving a large compensation payment could result in the loss of benefit entitlement. We advise on Personal Injury Trusts as part of our serious injury service.

Question 9

What happens if the person responsible has no insurance?

Accepted Answer

If you have been injured in a road traffic accident by an uninsured or untraced driver, you may be able to claim compensation through the Motor Insurers' Bureau (MIB). If the person responsible for your injury has no insurance in other circumstances, we will advise on the options available — including whether a claim can be made against an employer, a public body or another insured party.

Question 10

Do I need to go to court?

Accepted Answer

The majority of serious injury claims settle before trial. However, we always prepare every case as if it will go to court — because that is what gives us the strongest negotiating position. If the defendant does not make a fair offer, we are fully prepared to take your case to trial. We will advise you at every stage on whether any offer made is fair and reasonable.

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Jonathan Cloudsdale

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