Serious and Fatal Injury Claims
Some personal injury claims involve life-changing or fatal injuries that have a devastating impact not just on the victim but on their entire family. At Curtis Legal, we handle serious and fatal injury claims with the sensitivity and expertise these cases demand, pursuing maximum compensation for those who need it most.
If you or a loved one has suffered a catastrophic injury, or if you have lost a family member through someone else’s negligence, you may have a valid serious or fatal injury claim for personal injury compensation.
We act on a no win, no fee basis, so there is no financial risk to you in pursuing a serious or fatal injury claim.
Call us free on 0800 214 216 for a confidential, no-obligation conversation about your serious or fatal injury claim.
What Is a Serious Injury Claim?
A serious injury claim arises where the injuries sustained are so significant that they have a lasting, life-changing impact on the victim’s ability to work, care for themselves, or enjoy their previous quality of life. Serious injury claims typically involve:
- Traumatic brain injuries and acquired brain damage
- Spinal cord injuries and paralysis
- Loss of limb or amputation
- Severe burns and scarring
- Loss of sight or hearing
- Crush injuries
- Polytrauma — multiple serious injuries sustained in a single incident
- Psychological injuries of a severe and enduring nature
These cases require specialist expertise — both in terms of the legal work involved and in securing the right expert evidence to fully value the long-term impact of the injuries. We work with leading medical, care and employment experts to ensure that every serious injury claim properly reflects the true lifetime costs of the injuries sustained.
What Is a Fatal Injury Claim?
A fatal injury claim — formally known as a fatal accident claim — arises where a person has died as a result of another party’s negligence. In England and Wales, two separate pieces of legislation govern fatal injury claims:
The Law Reform (Miscellaneous Provisions) Act 1934 allows the estate of the deceased to bring a claim for losses suffered by the deceased between the date of the accident and the date of death — including pain and suffering, and any financial losses incurred.
The Fatal Accidents Act 1976 allows certain family members and dependants to bring a claim for their own losses arising from the death, including dependency claims for the financial support they have lost, and a bereavement award for the closest relatives.
Fatal injury claims are complex and emotionally demanding. We handle every fatal injury claim with the utmost care and sensitivity, ensuring that families receive the support and compensation they deserve.
Find Out If You Have a Claim — Free, No Obligation
Simon Jenkins will assess your case honestly. No win no fee for qualifying personal injury claims.
Who Can Bring a Fatal Injury Claim?
The following family members and dependants may be entitled to bring a fatal injury claim:
- A spouse or civil partner
- A former spouse or civil partner in certain circumstances
- A cohabitee who lived with the deceased for at least two years before the death
- Children and stepchildren of the deceased
- Parents of the deceased
- Anyone who was financially dependent on the deceased
If you are unsure whether you are entitled to bring a fatal injury claim, please contact us. We will advise you clearly and honestly on your position.
What You Should Do After a Serious or Fatal Accident
Seek Immediate Legal Advice
Serious and fatal injury claims are complex and time-sensitive. The sooner you contact us, the better we can preserve and secure the evidence needed to support your claim.
Preserve Evidence
Where possible, preserve any physical evidence relating to the accident. Do not allow vehicles to be repaired or hazardous conditions to be remedied without first securing photographic and documentary evidence.
Gather Documentation
Collect any medical records, police reports, witness details and correspondence that may be relevant to your serious or fatal injury claim.
Contact a Specialist Solicitor
Our team will review the circumstances with you and give you a clear, honest view of whether a serious or fatal injury claim is likely to succeed — at no cost and with no obligation.
What We Need to Prove in a Serious or Fatal Injury Claim
To bring a successful personal injury claim for serious or fatal injuries, we will need to establish three things:
Duty of care. The party responsible for the accident owed a duty of care to the victim. This depends on the circumstances — it may arise from a road, workplace, public place or medical setting.
Breach of duty. The responsible party’s conduct fell below the standard a reasonable, competent person would have maintained in the circumstances. Expert evidence is frequently required in serious and fatal injury claims.
Causation. The breach of duty directly caused or materially contributed to the serious injuries or death. Medical and forensic expert evidence is essential to establish causation in complex serious and fatal injury claims.
The time limit for bringing a serious injury claim is generally three years from the date of the accident. For fatal injury claims, the three-year period runs from the date of death or the date of knowledge, whichever is later. Time limits in fatal injury claims can be complex — please contact us promptly.
Serious and Fatal Injury Claims — Compensation
Compensation in serious and fatal injury claims can be substantial, reflecting the profound and lasting impact of the injuries or loss involved. In serious injury claims, compensation typically covers:
- General damages for pain, suffering and loss of amenity — often the largest element in catastrophic injury cases
- Future loss of earnings and loss of earning capacity
- The full lifetime cost of care and case management
- Adaptations to housing and transport
- Medical treatment, therapy and rehabilitation
- Equipment and aids
- Travel and carer expenses
In fatal injury claims, compensation includes dependency claims, funeral expenses, and a statutory bereavement award currently set at £15,120 for qualifying family members.
We will work closely with specialist experts in care, employment and finance to ensure that every serious or fatal injury claim fully reflects the long-term impact of the injuries or bereavement.
Our No Win, No Fee Promise
We act exclusively on a conditional fee agreement — commonly known as no win, no fee. This means:
- There are no upfront costs to pay
- If your serious or fatal injury claim is unsuccessful, you pay nothing — we absorb all the costs incurred
- If your claim succeeds, we recover our base costs from the other side, and under the terms of the agreement we are entitled to a success fee. This is capped at 25% of the damages awarded, and certain elements of your compensation are ring-fenced so you receive 100% of those amounts
- We guarantee that in the event of a successful outcome, you will receive at least 75% of the total compensation awarded
There is no financial risk to you at any stage of your serious or fatal injury claim.
What Our Clients Say
“The service I received was excellent. The person who dealt with the case was very helpful and I would have no hesitation in recommending your services.”
“Excellent service throughout. The person who dealt with my matter was excellent and very helpful. I was very happy with the time it took and the outcome. There was no fuss and no trouble and not much work to be done by me as Curtis Legal did all the work on my behalf.”
“The service that I received was excellent with good solid advice. The person dealing with the matter was great support and very helpful. I would definitely use your service again but I hope I don’t have to.”
Frequently Asked Questions About Serious and Fatal Injury Claims
How long does a serious injury claim take?
Serious injury claims are among the most complex personal injury cases and can take several years to resolve, particularly where future care and earnings need to be fully assessed. We will give you a realistic timeline from the outset and keep you updated throughout.
Can I bring a fatal injury claim if the inquest has not yet concluded?
Yes. An inquest and a civil claim are separate processes. We can begin investigating a fatal injury claim while the inquest is ongoing.
What is the bereavement award?
The bereavement award is a fixed statutory payment available to certain close relatives of the deceased in a fatal injury claim. It is currently set at £15,120 and is available to a spouse, civil partner, or — where the deceased was a minor — their parents.
Can I claim for psychiatric injury following a bereavement?
Potentially yes. Secondary victim claims for psychiatric injury following a traumatic bereavement are a recognised area of law, though the rules are complex. Please contact us to discuss your specific circumstances.
Does the fatal injury claim settle before or after the inquest?
Most fatal injury claims settle after the inquest, as the findings can be valuable evidence. However, each case is different and we will advise you on the most appropriate approach for your circumstances.
Speak to Simon Jenkins and the Team Today
If you or a loved one has suffered a serious or fatal injury through negligence, do not wait. Time limits apply to serious and fatal injury claims and early action preserves the best evidence.
Call us free on 0800 214 216 for a confidential conversation with no obligation. Alternatively, email [email protected] or complete our online enquiry form and we will call you back the same day.
Simon Jenkins has over 30 years of experience in probate, estate administration, medical negligence and personal injury. All articles on this site are written or reviewed by Simon before publication.
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