If you have suffered a serious injury, you may be able to make a personal injury claim if the accident was caused by another person, business, employer, driver, occupier of premises or organisation.

Serious injury claims can involve life-changing physical, psychological and financial consequences. They may require detailed medical evidence, expert reports, long-term care assessments and careful calculation of future losses.

P.A. Duffy & Co Solicitors advise clients in Belfast, Dungannon and throughout Northern Ireland on personal injury claims, including serious injury claims arising from road traffic accidents, workplace accidents, public place accidents and other incidents.

Can I Claim for a Serious Injury?

You may be able to claim for a serious injury if your injury was caused by negligence or a failure to take reasonable care.

A serious injury claim may arise after:

• a road traffic accident;

• an accident at work;

• a fall from height;

• a construction site accident;

• a machinery accident;

• an accident in a public place;

• a serious slip, trip or fall;

• an accident involving a pedestrian, cyclist or motorcyclist;

• an accident involving defective equipment;

• another incident caused by unsafe conditions or negligent behaviour.

Every case depends on its facts. A solicitor can review what happened, consider who may be responsible and advise whether a claim may be possible.

What Counts as a Serious Injury?

A serious injury is usually an injury that has a significant impact on a person’s health, independence, work, mobility, daily life or long-term future.

Examples may include:

• head injuries;

• brain injuries;

• spinal injuries;

• serious back or neck injuries;

• fractures;

• multiple injuries;

• amputations;

• serious hand or arm injuries;

• serious leg or foot injuries;

• burns or scarring;

• serious psychological injury;

• chronic pain;

• injuries causing long-term disability;

• injuries affecting the ability to work.

Some injuries may appear less serious at first but become more significant over time. Medical evidence is important when assessing the full impact of an injury.

Why Are Serious Injury Claims More Complex?

Serious injury claims are often more complex because the consequences can affect many areas of a person’s life.

A serious injury claim may need to consider:

• the nature and severity of the injury;

• symptoms and recovery;

• future medical treatment;

• rehabilitation needs;

• care and assistance;

• adaptations to the home;

• specialist equipment;

• loss of earnings;

• reduced ability to work;

• future loss of income;

• travel and treatment costs;

• psychological impact;

• long-term prognosis.

Because serious injury claims may involve future needs and future losses, it is important that the claim is not settled before the full medical position is understood.

Why Is Medical Evidence Important in a Serious Injury Claim?

Medical evidence is central to a serious injury claim.

Medical evidence may help show:

• what injuries were caused by the accident;

• the severity of those injuries;

• treatment received;

• symptoms and recovery;

• whether further treatment may be needed;

• whether the injury is likely to have a long-term impact;

• whether the injured person can return to work;

• whether care, support or rehabilitation may be needed.

In many serious injury claims, independent medical reports may be needed from one or more specialists.

For more information, see our guide on what happens at a medical assessment.

What Evidence Do I Need for a Serious Injury Claim?

Evidence is important in serious injury claims because the claim may need to prove both liability and the full extent of the injury and losses.

Useful evidence may include:

• accident reports;

• photographs of the accident scene;

• photographs of injuries;

• witness details;

• CCTV or dashcam footage;

• police reports where relevant;

• medical records;

• hospital records;

• rehabilitation records;

• employment records;

• wage slips;

• proof of lost earnings;

• receipts for expenses;

• care records;

• travel receipts;

• records of help provided by family or friends.

For more information, see our guide on what evidence you need for a personal injury claim.

Can I Claim for Future Losses After a Serious Injury?

Yes, future losses may form an important part of a serious injury claim.

Depending on the circumstances, future losses may include:

• future loss of earnings;

• reduced earning capacity;

• future medical treatment;

• rehabilitation costs;

• care and assistance;

• home adaptations;

• mobility aids;

• specialist equipment;

• future travel costs;

• support with daily living.

Future losses must be carefully assessed. This is one reason why serious injury claims should not usually be settled too early.

Can I Claim for Care and Assistance?

You may be able to claim for care and assistance needed because of the injury.

This may include help with:

• washing and dressing;

• cooking;

• cleaning;

• shopping;

• childcare;

• transport;

• attending medical appointments;

• mobility;

• daily tasks;

• personal care.

Care may be provided by professional carers, family members or friends. Records of the help provided can be useful evidence.

How Is Serious Injury Compensation Calculated?

Serious injury compensation depends on the type of injury, severity, recovery period, long-term impact, medical evidence and financial losses.

Compensation may include:

• pain and suffering;

• loss of amenity;

• loss of earnings;

• future loss of earnings;

• medical expenses;

• rehabilitation costs;

• care and assistance;

• travel expenses;

• treatment costs;

• home adaptations;

• specialist equipment;

• future losses.

For more information, see our guide on how much compensation you could receive.

Should I Settle a Serious Injury Claim Early?

You should be cautious about settling a serious injury claim before the full medical evidence is available.

If a claim is settled too early, it may not properly account for:

• long-term symptoms;

• future treatment;

• delayed recovery;

• reduced ability to work;

• future care needs;

• rehabilitation;

• psychological impact;

• future financial losses.

Once a claim is settled, it is usually final. A solicitor can advise whether the medical evidence is complete enough to consider settlement.

How Long Do Serious Injury Claims Take?

Serious injury claims can take longer than less complex claims because medical evidence, expert reports and future losses may need to be carefully assessed.

The length of time may depend on:

• whether liability is admitted or disputed;

• the severity of the injury;

• the recovery period;

• whether symptoms are ongoing;

• whether expert medical reports are needed;

• whether future losses need to be calculated;

• whether settlement can be negotiated;

• whether court proceedings are required.

For more information, see our guide on how long personal injury claims take.

How Long Do I Have to Claim for a Serious Injury?

In many personal injury claims in Northern Ireland, the time limit is three years from the date of injury or the date of knowledge. However, exceptions can apply depending on the circumstances.

You should seek legal advice as early as possible. Serious injury claims can require extensive evidence, including medical records, employment records, expert reports and evidence of future losses.

Can I Claim If I Was Partly Responsible?

You may still be able to claim if you were partly responsible for the accident, depending on the circumstances.

If responsibility is shared, compensation may be reduced to reflect your share of fault. This is known as contributory negligence.

For more information, see our guide on claiming if the accident was partly your fault.

How Our Serious Injury Solicitors Can Help

Our personal injury solicitors can help by:

• assessing whether you may have a claim;

• identifying who may be responsible;

• gathering evidence;

• obtaining medical records;

• arranging independent medical evidence;

• considering rehabilitation needs;

• calculating financial losses;

• considering future losses;

• dealing with insurers;

• negotiating settlement;

• advising on court proceedings where necessary.

Speak to Our Personal Injury Solicitors

If you have suffered a serious injury and are unsure whether you can claim, our solicitors can discuss what happened and advise on your options.

For more general information, see our Personal Injury solicitors page.