Serious Injury guide · England & Wales

Serious injury claims:a step-by-step guide to compensation

How serious and life-changing injury claims work in England and Wales — rehabilitation, interim payments, expert evidence, time limits and protecting your award.

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No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.

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Written by Leanne Henton, Head of Personal Injury and Medical Negligence.
Reviewed by Leanne Henton on 2026-11-10.

In short

If someone else's negligence caused a life-changing injury, you can claim compensation and support. The usual limit is three years, but age and capacity rules can change this. Large claims often use interim payments, rehabilitation and expert evidence, and are usually funded on a No Win No Fee basis.

Reviewed by Leanne Henton, Head of Personal Injury and Medical Negligence, NJS LawLast reviewed: September 2026 · England & Wales

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Figures verified with NJS Law on 9 November 2026.

1What counts as a serious injury?

Serious — sometimes called catastrophic — injuries have a lasting effect on your health, independence and work. Their full impact can take months or years to become clear.

Brain injury
Spinal cord injury
Amputation
Severe orthopaedic injuries
Severe psychological injury

2Can you make a serious injury claim?

A claim must show a duty of care, a breach of that duty and that the breach caused the injury. Contributory negligence may reduce compensation but does not stop a claim. A litigation friend — usually a close relative — can claim for a child or an adult who lacks capacity.

3The claim process, step by step

Step 1Medical care and early specialist adviceStabilising your health comes first. Early specialist advice can unlock rehabilitation and interim funding.

Step 2Investigation and liabilityWe gather accident, safety and medical records, identify the defendant and insurer, and send a Letter of Claim. Early admissions open the way to interim payments.

Step 3Rehabilitation and interim paymentsOnce liability is admitted, interim payments can fund therapy, equipment, adapted housing, care and lost income. Rehabilitation is often arranged under the Rehabilitation Code.

Step 4Expert evidence and valuationNeurologists, orthopaedic surgeons, neuropsychologists, care experts and occupational therapists assess your prognosis and future needs.

Step 5Settlement and protecting the awardMost claims settle once the long-term prognosis is clear. Awards can include periodical payments — index-linked income for life. Court approval is needed for children and those lacking capacity.

4Time limits: how long do you have to claim?

The Limitation Act 1980 generally gives three years from the injury or your date of knowledge.

Children — the three years start at 18, so a claim can usually be brought up to age 21. A parent can claim sooner as litigation friend.
Lack of mental capacity — if someone lacked mental capacity when the injury happened, the three years do not start until they regain it. If they lose capacity later, the time limit keeps running, so act quickly.
Fatal injuries — claims after a death usually have to start within three years of the death, or of when the family learned the facts, whichever is later.

Check my time limit

5How much compensation can you claim?

Future losses — lifelong care, adapted housing, equipment, lost earnings and pension — often exceed the award for the injury itself.

Injury	Indicative range
Brain injury (very severe)	£372,570 to £533,720
Brain injury (moderate)	£56,890 to £289,420
Tetraplegia	£428,850 to £533,720
Paraplegia	£289,420 to £375,540
Loss of both legs or arms	£318,120 to £396,340
Loss of one leg (above knee)	£138,490 to £181,610
Severe psychological injury	£72,440 to £152,900

Indicative ranges based on the Judicial College Guidelines, 18th edition (2026). General guidance only, not a quote — financial losses (special damages) are added on top.

£3.7m

Real resultLife-changing injury at workA client was seriously injured in a forklift accident at work. Illustrative only — every case is different.

Read the full story

6How long do serious injury claims take?

Often two to three years or more, because your lifelong needs must be understood before settling. Interim payments and rehabilitation can start much earlier.

7How is a claim funded? No Win No Fee explained

Most claims are funded by a Conditional Fee Agreement — No Win No Fee. You pay no upfront fees, nothing if your claim is unsuccessful, and, only if you win, a success fee from your compensation that the law caps. Your letter of engagement sets out exactly what you will pay, and we explain every term before you sign anything.

Read how No Win No Fee works

8Why choose NJS Law?

Thorough preparation, the right specialists, early interim payments and rehabilitation, and a full valuation of your future needs — with guidance that keeps you and your family in control.