A serious injury claim is a legal case brought by a claimant who has suffered life-changing or catastrophic harm through another party’s negligence, seeking compensation for pain, financial loss and long-term care needs. Emaari Legal represents claimants across England and Wales in these claims on a no win, no fee basis.
Serious injury changes everything: how someone works, moves, communicates, or cares for their family. This page explains what counts as a serious injury claim, how compensation is worked out, the time limits that apply, and what happens once a claim starts.
What Is a Serious Injury Claim?
A serious injury claim arises where an accident or incident, caused wholly or partly by someone else’s negligence, results in significant, permanent, or long-term harm. It differs from a straightforward personal injury claim because the injury typically requires ongoing medical treatment, rehabilitation, care, or adaptations to daily life, rather than resolving within months.
Serious injury claims sit apart from whiplash and other minor, soft-tissue injuries, which fall into the small claims process and are not something Emaari Legal handles. They also sit apart from medical or clinical negligence claims, which involve a different legal test and are outside Emaari Legal’s scope. A serious injury claim is about negligence by a driver, employer, occupier, or another party causing physical or psychological harm outside a clinical treatment setting.
What Qualifies as a Serious Injury?
A serious injury is one causing lasting impairment, disfigurement, chronic pain, or psychological harm that materially affects a person’s independence, earning capacity, or quality of life. Emaari Legal handles claims involving:
- Brain and head injury – traumatic or acquired brain injury affecting cognition, memory, or personality. Explored in detail on the brain and head injury claims page.
- Spinal cord injury and paralysis – damage to the spinal cord causing partial or full paralysis.
- Amputation and limb loss – traumatic or surgical loss of a limb following an accident, covered fully on the amputation and limb loss claims page.
- Serious burns – deep or extensive burns causing scarring, disfigurement, or long-term physical restriction, detailed on the burn injury claims page.
- Loss of sight and eye injury – partial or total sight loss from trauma, explained further on the loss of sight and eye injury claims page.
- Psychiatric and psychological injury – including post-traumatic stress disorder following a serious accident, covered on the psychiatric and psychological injury claims page.
- Complex and multiple fractures – broken bones requiring surgery, multiple procedures, or leaving permanent restriction.
- Chronic pain and CRPS – long-term pain conditions such as Complex Regional Pain Syndrome, addressed on the chronic pain and CRPS claims page.
Emaari Legal also acts in serious road-traffic injury claims (car, motorcycle, cyclist, pedestrian, and uninsured or untraced driver cases), serious accident-at-work injury claims, serious slip, trip and fall claims, fatal accident claims on behalf of bereaved families, and criminal injury claims under the CICA scheme.
Who Can Bring a Catastrophic Injury Claim?
Any claimant injured through another party’s negligence can bring a catastrophic injury claim, provided the injury is caused, at least in part, by a breach of duty owed by the defendant. This includes drivers, employers, occupiers of premises, or, in fatal cases, the deceased’s dependants or estate.
Emaari Legal is the trading style of Emaari Legal Ltd, a firm of solicitors authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172), registered in England and Wales. The firm holds the Law Society Personal Injury Accreditation and is a member of the Motor Accident Solicitors Society (MASS), both of which substantiate its specialism in serious and catastrophic personal injury work.
How Much Compensation Can I Claim for a Life-Changing Injury?
Serious injury compensation is calculated in two parts: general damages for pain, suffering and loss of amenity, and special damages for financial losses caused by the injury. There is no fixed sum for any injury; each claim is assessed on the specific facts and medical evidence involved.
| Head of damage | What it covers |
|---|---|
| General damages | Pain, suffering and loss of amenity, assessed by reference to the Judicial College Guidelines and the severity of the injury |
| Loss of earnings | Past and future income lost because the injury prevents work, in whole or in part |
| Care and case management | Cost of professional or family-provided care, both immediate and ongoing |
| Rehabilitation | Physiotherapy, psychological support, and other treatment to aid recovery |
| Home and vehicle adaptations | Modifications needed for mobility, accessibility, or independent living |
| Other financial losses | Travel, medical expenses, equipment, and other costs directly caused by the injury |
Cases involving brain injury, spinal paralysis, or amputation can carry substantially higher value than less severe injuries because the future care and loss-of-earnings elements are larger, reflecting a lifetime of altered need rather than a short recovery period. Emaari Legal does not quote figures before assessing the medical evidence, and a free consultation is the starting point for understanding what a specific claim may be worth.
What Is the Time Limit for a Serious Injury Claim?
The time limit for most serious injury claims is three years from the date of the accident, or from the date the claimant became aware the injury was caused by negligence, under the Limitation Act 1980. Missing this limit generally prevents a claim proceeding, so early advice matters.
| Claimant type | Time limit |
|---|---|
| Adult with mental capacity | 3 years from the date of the accident or date of knowledge |
| Child | 3 years from their 18th birthday |
| Person lacking mental capacity | No limit while the incapacity continues |
| Fatal accident claim | 3 years from the date of death or date of knowledge |
| Criminal Injuries Compensation Authority (CICA) claim | 2 years from the date of the incident |
Where capacity is affected by the injury itself, such as a severe brain injury, the standard three-year limit may not run in the usual way. Confirming which limit applies is one of the first things Emaari Legal establishes at the free consultation.
How Long Does a Serious Injury Claim Take?
Serious injury claims generally take longer than minor injury claims because the full extent of the injury, and its long-term financial impact, must be properly understood before a claim can be valued fairly. Rushing settlement before prognosis is clear risks under-compensating future care and loss-of-earnings needs.
Timing depends on factors including whether the defendant admits liability, how much rehabilitation and medical evidence is required, and whether the claim needs to be issued at court. Cases involving permanent or long-term conditions, such as amputation, spinal injury, or significant psychiatric injury, typically require more extensive medical evidence and expert input than more contained injuries, which extends the overall timeline.
How Do I Pay for a Serious Injury Claim?
Emaari Legal funds serious injury claims on a no win, no fee basis. The firm also offers a free consultation and free claim assessment so a claimant can understand their position before committing to anything.
What Are the Rules and Restrictions on Serious Injury Claims?
A serious injury claim requires the claimant to prove that the defendant owed a duty of care, breached that duty through negligence, and caused the injury as a result. Without evidence of fault, a claim cannot succeed, however severe the injury.
Restrictions that commonly affect serious injury claims include:
- Contributory negligence – compensation can be reduced where the claimant’s own actions partly caused or worsened the injury.
- Causation – medical evidence must link the specific injury to the accident, not to a pre-existing or unrelated condition.
- Evidence of fault – witness accounts, accident reports, CCTV, and expert medical opinion are typically needed to establish what happened and why.
- Defendant identification – in road-traffic cases involving an uninsured or untraced driver, a claim may proceed via the Motor Insurers’ Bureau route instead of directly against an individual.
- CICA eligibility – criminal injury claims follow the Criminal Injuries Compensation Authority’s own scheme rules and its separate two-year time limit.
Where to Go Next
Emaari Legal’s serious injury solicitors will visit any potential claimant at home or in hospital within 24 hours if required, reflecting how often a serious injury or a bereavement leaves someone hospitalised or unable to travel. This visit is offered alongside the free consultation, at no obligation.
Anyone unsure whether their injury qualifies as serious, or which category it falls into, can review the dedicated pages on brain and head injury claims, amputation and limb loss claims, burn injury claims, loss of sight and eye injury claims, psychiatric and psychological injury claims, and chronic pain and CRPS claims, or contact Emaari Legal directly for guidance specific to their circumstances.
Frequently Asked Questions
What is classed as a serious injury claim?
A serious injury claim is classed as one involving lasting or permanent harm, such as brain injury, spinal paralysis, amputation, serious burns, loss of sight, significant psychiatric injury, chronic pain conditions, or complex fractures, caused by another party’s negligence.
What qualifies as a serious injury?
An injury qualifies as serious where it causes long-term or permanent impairment, disfigurement, or psychological harm that affects independence, earning capacity, or daily living, rather than resolving within a short recovery period.
How much can I claim for pain and suffering?
Pain and suffering, known as general damages, is assessed by reference to the Judicial College Guidelines and the specific severity and impact of the injury; there is no standard figure, and each claim depends on individual medical evidence.
What is considered a very serious injury?
A very serious injury typically involves permanent disability or life-changing consequences, such as severe brain injury, complete paralysis, multiple amputation, or catastrophic burns, where lifelong care, rehabilitation, or adaptation is required.
Can I still claim if I was partly to blame for the accident?
A claim can still proceed if the claimant was partly to blame, though compensation may be reduced to reflect the degree of contributory negligence established by the evidence.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Request a free consultation to discuss your serious injury claim.
“No win, no fee” means we act under a conditional fee agreement: if your claim does not succeed you do not pay our fees, subject to the agreement’s terms. If your claim succeeds, a success fee is deducted from your compensation, capped by law at 25% of the damages awarded for your pain, suffering and past losses, and you may be liable for certain costs in some circumstances. We explain the full terms, including any insurance you may need, before you sign anything.
About this page. This page provides general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice; the right course of action always depends on the specific facts of your situation, and the law may have changed since this page was last reviewed. Strict time limits apply to personal injury claims, usually three years from the date of the accident or the date you first knew your injury was linked to it, with important exceptions (for example for children and for people who lack mental capacity). If you think you may have a claim, take advice as early as possible. For advice about your own circumstances, contact Emaari Legal on 0330 441 6754. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172).