If you have been seriously injured, everyday life can change very quickly. Work, family responsibilities, travel and plans for the future may all be affected while you and those closest to you try to adjust.
At first, your main concern is likely to be medical treatment. As time goes on, other questions may become more pressing. Will you be able to return to work? Will you need further treatment or rehabilitation? Could changes be needed at home? How will you manage if you have no income?
If you have been injured as a result of someone else’s negligence, a personal injury claim may help you access compensation and practical support. Compensation can never undo a life event, but it can help address the impact of the injury and give you financial security as you plan ahead.
Looking beyond the immediate impact of a serious injury
You may think of compensation as a payment for the pain caused by an accident. In reality, a serious injury claim often needs to take into account much more.
You may be unable to work for several months (even years), require ongoing treatment or be reliant on family members for help with daily tasks. If your injuries are more serious, they may affect your mobility, independence or ability to continue in the same career.
It is important to understand the likely long-term impact before you agree to settle a claim. Once a settlement has been accepted, you generally cannot return later and ask for more compensation if your condition worsens or your future needs are greater than expected.
Your solicitor will therefore look at how the injury has affected you so far and how it is going to affect you in the future, including what support you may require.
Accessing treatment and rehabilitation after an injury
The NHS provides essential treatment, but waiting lists or limited access to certain services can slow down your recovery. Depending on the circumstances, it may be possible to arrange private rehabilitation or specialist treatment as part of the claim.
This might include physiotherapy, occupational therapy, counselling, psychological support or pain management. If you have suffered a life-changing injury, rehabilitation can also include help with mobility, communication, returning to work or adjusting to a new way of living.
Early support can make a real difference. It may help improve your recovery, rebuild your confidence and reduce the effect the injury has on your independence.
If responsibility for the accident has been accepted, your solicitor may be able to work with the other party’s insurer to put rehabilitation in place before the claim is finished.
Claiming for lost earnings and other financial losses
If you are unable to work, financial pressure can build quickly, especially if you are the main earner or run your own business.
A claim may include income you have already lost, but it can also take account of future losses if you are unable to return to the same role, need to reduce your hours or have to move into a different type of work altogether.
If you are self-employed or own a business, calculating the loss can be more complicated. Accounts, tax returns, contracts and evidence of expected work may all be needed to show how your income has been affected.
You may also be able to recover other expenses, including travel to medical appointments, prescription charges, private treatment, mobility equipment and the cost of help around the home.
It is helpful to keep receipts and clear records as the claim progresses. Photographs, correspondence and other documents may also be important. Our guide to gathering evidence for an injury claim explains what you may need.
Claiming for care provided by family and friends
After an injury, family and friends often step in without being asked. They may help with cooking, cleaning, childcare, personal care, transport or attending medical appointments with you. Whilst family and friends often do not expect to be paid for the care and support provided, the time spent doing this can often put a strain on relationships. A claim for gratuitous care can therefore be calculated and put forward as part of your claim. This also helps show how the injury has affected your daily life and the extent to which you have lost your independence.
If you are likely to need long-term support, specialist evidence may be required to identify what care will be needed in the years ahead. This could include professional carers, therapies, equipment or case management.
Looking at these needs properly can help make sure you are supported without placing too much responsibility on family members over the long term.
Adapting your home after a serious injury
Your current home may no longer be suitable if your injury has affected your mobility or independence. Stairs may become difficult, bathrooms may need to be adapted, or you may need more space for equipment and care.
A claim may include the reasonable cost of adaptations. In some cases, moving to a more suitable property may also need to be considered.
Changes could include ramps, wider doorways, an accessible bathroom, specialist equipment or alterations to the kitchen and living areas. You may also need an adapted vehicle or help with transport.
These decisions should not be based on guesswork. Occupational therapists, architects and other specialists may be asked to assess what would work best for you.
Using interim payments during a personal injury claim
Serious injury claims can take time due to rehabilitation and medical experts needing to understand the extent to which you are likely to recover.
This can be difficult if you are facing immediate treatment costs or loss of income. If the other party has admitted responsibility, it may be possible to apply for an interim payment.
An interim payment is an advance on the compensation you are expected to receive at the end of the claim. It can help cover rehabilitation, care, equipment, accommodation costs or lost income.
This can give you some breathing space and allow important support to be arranged without forcing you to settle your claim, before the full impact of your injury is known.
Returning to work or finding a new direction
For many people, returning to work is an important part of rebuilding confidence and independence. What is realistic will depend on your injury, your role and the support your employer can provide.
You may need a phased return, reduced hours, adjusted duties or changes to your working environment. Occupational health and rehabilitation specialists may be able to help with this process.
You may find that you cannot return to your previous career. In that situation, a claim may consider the cost of retraining, support with finding suitable work and the difference between what you earned before and what you are able to earn in the future.
The aim is to create realistic opportunities while recognising the limitations caused by the injury.
Assessing your future needs and compensation
No two serious injury claims are the same. The right level of compensation will depend on your circumstances, including your family life, work, health and likely future needs.
Medical reports and evidence from rehabilitation, care and financial specialists are all required to make this assessment. Taking the time to gather the right evidence can help reduce the risk of accepting a settlement that does not reflect the lasting impact of the injury.
There are also time limits for bringing a personal injury claim, so it is sensible to seek advice as soon as you feel able. Acting early can make it easier to preserve evidence and start exploring appropriate rehabilitation.
At Lamb Brooks, our Personal Injury Team understands that making a claim is only one part of a much wider experience. We will take the time to understand how your injury has affected you and what support could help you move forward.
You can read feedback from people who have worked with the team on ReviewSolicitors.
If you or someone close to you has suffered a serious injury because of another person’s negligence, please contact our team on 01256 844888 or email enquiries@lambbrooks.com for an initial discussion.
The contents of this article is for general awareness only and does not constitute legal or professional advice. The right course of action will depend on your circumstances, and specific legal advice should always be obtained.
