Serious injuries from car accidents can cause lasting damage and often lead to complex personal injury claims. Knowing what is considered a serious injury in a car accident helps determine the type of claim you may be able to make and the level of compensation you could be entitled to.

Here, the personal injury experts at JMW Solicitors explain what is considered a serious injury in a car accident.

What Is Considered a Bodily Injury in a Car Accident?

When making a personal injury claim, bodily injuries are the foundation for seeking compensation. Showing evidence of bodily injuries demonstrates that the accident caused physical damage for which the injured person can pursue an injury claim.

A bodily injury refers to any physical harm sustained in a car accident, ranging from minor cuts and bruises to life-altering conditions. Individuals may suffer a range of injuries depending on the specific circumstances of the accident, which can influence the type and severity of bodily injuries sustained. In legal terms, it includes any injury that affects the body’s function or causes measurable pain or impairment. This can extend beyond visible wounds to include internal injuries or conditions that develop later, such as chronic pain or restricted movement. Common examples of bodily injuries from serious car accidents include fractures, head trauma, and spinal damage.

In some cases, bodily injury can also include psychological harm linked to the physical trauma, such as anxiety or sleep disturbance following the incident. These factors can all contribute to the overall assessment of a serious injury claim.

What Is a Serious Injury in a Car Accident?

A serious injury in a car accident is one that causes long-term or life-changing effects. These injuries often require ongoing medical care, rehabilitation, or permanent lifestyle adjustments. They can limit mobility, impact mental wellbeing, and prevent someone from returning to work or living independently. The way a serious injury affects daily life depends on individual circumstances, such as the person's health, occupation, and support network.

Examples of serious injuries include head and brain trauma, spinal cord damage, amputations, and severe fractures. Internal injuries, such as organ damage or internal bleeding, can also be classed as serious because of their potential to cause lasting health problems. In some cases, visible injuries like deep scarring or burns are considered serious if they lead to permanent pain or loss of function.

Serious injuries are not defined solely by their appearance but by the extent of their impact on daily life. They often result in long recovery periods, reduced earning capacity, or a need for specialist equipment or care.

If you have sustained a serious injury in a car accident, you may seek compensation by making a personal injury claim. Your claim will take these long-term consequences into account. A serious injury claim should reflect the full extent of your injuries and losses, and typically includes compensation for pain, suffering, loss of income, and the cost of ongoing treatment or support.

What Is Considered a Minor Injury in a Car Accident?

A minor injury heals within a short period and has little or no lasting impact on a person’s health or daily life. These injuries are common after low-impact car accidents and may cause temporary pain or discomfort, but usually do not require long-term treatment. Examples include small cuts, bruises, sprains, or soft tissue strains. While these injuries can still be painful and inconvenient, they generally improve with rest and standard medical care.

Even with a minor injury, it is still possible to make a personal injury claim. Compensation in these cases is typically lower because recovery times are shorter and the effect on quality of life is less severe. This contrasts with other cases where the severity of the injury or liability may be less clear, which can affect the type of claim and potential compensation. Understanding the difference between minor and serious injuries helps determine the type of claim that may apply and what level of compensation could be available.

The Impact of Serious Injuries on a Claim

The severity of an injury plays a major role in the outcome of a personal injury claim. Serious injuries often result in higher compensation because they have a lasting impact on health, independence, and earning potential. When assessing a serious injury claim, solicitors look at how the injury has changed the person’s life and what support they will need in the future.

Compensation can cover a wide range of losses. These include pain and suffering, loss of earnings, medical expenses, rehabilitation, and the cost of long-term care or home adaptations. In serious car accidents, these costs can be extensive, especially when ongoing physiotherapy, mobility aids, or professional care are required.

The psychological effects of a serious injury are also taken into account. People who live with chronic pain, limited movement, or permanent disability often experience emotional distress that forms part of the claim.

Due to the complexity involved, a serious injury claim typically requires the expertise of medical experts to assess the full impact and future prognosis. While many serious injury claims are settled through negotiation and do not necessarily require court proceedings, there are cases where court action may be necessary, particularly when liability or the amount of compensation is disputed. In such situations, the court plays a crucial role in determining compensation and liability and delivering a fair outcome based on the evidence and legal principles. This helps ensure the compensation reflects both immediate needs and future challenges, providing the support needed to rebuild independence and stability after a serious accident.

Time Limits for Claims

When pursuing a serious injury claim after a car accident, acting within the required time frame is essential. Under the Limitation Act 1980, most claims must begin within three years of the accident date. This period allows time to gather medical evidence, assess the extent of the injuries, and prepare the claim.

There are, however, exceptions. If the injured person is under 18 or lacks mental capacity due to a condition such as a severe brain injury, the time limit is paused until they reach adulthood or regain capacity. Acting quickly can strengthen the case, as evidence is easier to collect and treatment records are more up-to-date. In some instances, interim payments may be arranged to help cover immediate costs, such as rehabilitation or medical care, while the claim is pending.

The Role of a Litigation Friend

When an injured person is unable to manage their own compensation claim, a litigation friend can act on their behalf. This usually applies to children under 18 or adults who lack mental capacity due to a serious injury.

A litigation friend makes decisions in the injured person’s best interests, works with solicitors, and ensures the claim progresses smoothly. They take responsibility for communication and the overall management of the case, helping to protect the injured person’s rights and secure the compensation they are entitled to. This arrangement provides vital support for those whose injuries prevent them from handling the legal process independently, ensuring their recovery and long-term needs are properly addressed.

How a Personal Injury Solicitor Can Help

Personal injury solicitors experienced in road traffic accident claims, like the expert team at JMW, play an essential role in managing any serious injury claim. We can assess the extent of your injuries, gather medical evidence, and calculate the compensation needed to cover both current and future needs. Our experience in handling serious car accidents means we understand how to present complex evidence and negotiate effectively with insurers.

Our solicitors can assist you in pursuing your own claim or claims on behalf of others who are unable to do so, ensuring the correct legal process is followed. We can also arrange early access to medical care, rehabilitation, and support services. This helps you focus on recovery while our car accident solicitors handle the legal process. Having expert legal representation ensures that your injury claim reflects the full impact of your injuries and that your rights are fully protected throughout the process.