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Guide · Serious injury
Catastrophic Injury Claims: A Practical Guide
A catastrophic injury is one with permanent, life-changing effects, such as a severe brain or spinal cord injury, major burns or an amputation. If it was caused by someone else's negligence, you may be able to claim compensation for lifelong care, lost earnings, rehabilitation and changes to your home. A family member can start the claim for you, and support such as rehabilitation and interim payments can begin long before the claim settles.
When someone suffers a life-changing injury, families often don't know where to start. This guide explains how a catastrophic injury claim works, what happens in the early weeks, how compensation is paid and how it can be protected.
- Brain injury
- £56,900 – £533,700+
- Amputation
- £113,500 – £372,500+
- These ranges
- Pain and suffering only, before financial losses
- Time limit
- Usually 3 years, with exceptions for children and lack of capacity
What is a catastrophic injury?
A catastrophic injury is one that causes permanent or life-changing damage, where a full recovery usually isn't possible. Examples include:
- Severe traumatic brain injuries
- Spinal cord injuries, including paralysis
- Major burns
- Amputations
- Loss of sight
- Multiple serious injuries
Compensation in these claims is mainly about the future. It can pay for full-time care, rehabilitation, equipment, an adapted or more suitable home, and lost earnings, giving the injured person and their family financial security, especially if they were the main earner.
Who can start the claim?
Often the injured person isn't able to start the claim themselves, so a close family member gets in touch with us for them. If the injured person is a child or lacks mental capacity, a family member can usually bring the claim on their behalf as their litigation friend.
You usually have 3 years from the accident to start court proceedings. If the injured person lacked mental capacity from the time of the accident, the time limit doesn't run until they regain it, and children have until their 21st birthday. Even so, it's best to get advice as early as possible. See how long do I have to claim?
What happens at the start of a claim
In the early weeks, especially after a brain injury, it's usually too soon to know the long-term outlook. So the first priority is support, not a final figure.
We find out what happened
We gather information about the accident, the injuries, the family's situation and anything that's needed straight away.
We contact the other side's insurer
We set out the claim, ask whether they accept fault, and ask them to start rehabilitation under the Rehabilitation Code.
A case manager is appointed
A case manager, usually with a medical or therapy background, carries out an Immediate Needs Assessment and coordinates treatment, therapy, equipment and support.
We ask for interim payments
Where fault is accepted, interim payments can fund care, rehabilitation, housing and lost income before the claim settles. In serious cases, there are often several.
Rehabilitation begins
A rehabilitation programme can start while the claim goes on, to help the injured person regain as much health, independence and quality of life as possible.
How is negligence proven?
To succeed, a claim must show, on the balance of probabilities, that:
- A duty of care was owedFor example, a driver's duty to other road users, or an employer's duty to its staff.
- That duty was breachedThe other party didn't take the care that a reasonable person or organisation would have taken.
- The breach caused the injuryThe injury, and the losses that followed, were caused by that failure.
The test sounds simple, but catastrophic injury claims are often disputed, for example over how the accident happened, whether the injured person was partly to blame, or which effects were caused by the accident. That's why we look closely at the medical records and the accident itself, and instruct independent experts to report on how the injury happened and how it will affect the future.
How long does a catastrophic injury claim take?
Often several years. Compensation has to cover a lifetime of needs, so it usually can't be settled until doctors can say how the injured person is likely to be affected long term. Claims also take longer if fault is disputed.
Claims follow a set process before court, designed to share information early and settle without a trial where possible, and most claims do settle. Throughout, interim payments and rehabilitation mean you don't have to wait for help. In our £3.7 million forklift case, interim payments funded our client's housing, mobility and rehabilitation while the claim progressed.
How compensation can be paid
In catastrophic injury claims, there's more than one way compensation can be paid.
A lump sum
A single payment covering past and future losses. This is the most common way claims are settled.
Periodical payments
Regular payments, usually for life and linked to inflation, often used for the cost of future care. Courts must consider them for future losses in serious cases.
Provisional damages
If there's a risk of a serious deterioration in future, such as epilepsy after a brain injury, you may be able to go back to court for more compensation if it happens.
Protecting your compensation
Our role doesn't end when the claim settles. Where compensation has to last a lifetime, it's important to protect it.
- A personal injury trustIf you receive, or may need, means-tested benefits, putting your compensation into a personal injury trust can stop it affecting them. For Universal Credit and other means-tested benefits, compensation is usually ignored for 52 weeks from the first payment, so it's best to set up a trust within that time.
- The Court of ProtectionIf the injured person lacks the mental capacity to manage their money, the Court of Protection can appoint a deputy, often a family member or a professional, to manage it for them.
- Financial adviceSpecialist independent financial advice can help make sure the compensation is invested and used to meet long-term needs.
We'll explain the options and, where needed, put you in touch with the right specialists. See also how compensation is calculated and our guide to early rehabilitation.
Catastrophic injury claims: FAQs
What counts as a catastrophic injury?
An injury with permanent or life-changing effects, where a full recovery usually isn't possible. Examples include severe brain injuries, spinal cord injuries, major burns, amputations and loss of sight.
Can a family member start the claim?
Yes. Families often contact us first, because the injured person isn't able to. If the injured person is a child or lacks mental capacity, a family member can usually bring the claim for them as their litigation friend.
Can we get money before the claim settles?
Often, yes. Where the other side accepts fault, or the court is satisfied the claim is likely to succeed for a substantial amount, interim payments can be made to fund care, rehabilitation, housing and lost income. In serious cases there are often several.
How long do catastrophic injury claims take?
Often several years, because compensation has to cover a lifetime of needs and usually can't be settled until doctors can say how the injured person will be affected long term. Interim payments and rehabilitation mean you don't have to wait for help.
Will compensation affect my benefits?
It can affect means-tested benefits, but putting the compensation into a personal injury trust can usually protect them. For Universal Credit and other means-tested benefits, compensation is usually ignored for 52 weeks from the first payment, so it's best to set up a trust within that time.
What is a periodical payment?
A regular payment, usually made every year for life and linked to inflation, instead of all of the compensation being paid as one lump sum. It's often used for the cost of future care, so the money doesn't run out.
Life changed by a serious injury?
Talk to our serious injury team for free, with no obligation, whether you're the injured person or a family member. We'll explain whether there's a claim and how we can help with rehabilitation and financial support early. Eligible claims are handled on a No Win No Fee basis.