A catastrophic injury is one that has serious, long-term consequences, often causing permanent disfigurement, disability or loss of independence. These injuries typically require extensive medical treatment and ongoing care. Common examples include:

• Traumatic brain injury: can affect memory, motor skills, speech, and cognitive function, often requiring lifelong rehabilitation.
• Spinal cord injuries: may result in partial or complete paralysis, affecting mobility and requiring assistive devices or full-time care.
• Severe burns: these often lead to permanent disfigurement, nerve damage and complications that require repeated surgeries or skin grafts.
• Amputations: losing a limb significantly affects mobility, daily activities and employment prospects.

These types of serious injuries can happen anywhere, but often occur in catastrophic accidents, such as road traffic collisions or workplace incidents. They can also be caused by medical negligence. Understanding what qualifies as a catastrophic injury and how the claims process works can help those affected, or their loved ones, to seek the compensation they are entitled to.

Who might need legal support after a catastrophic injury?

If you or a loved one has suffered a catastrophic injury, you might be wondering whether legal support can help you. A personal injury lawyer specialising in catastrophic injuries can help if your injury was caused by someone else’s negligence. If you’re unable to work and facing lost wages and incurring out of pocket losses and expenses, legal advice can help you claim the support you need.

You might also need financial help for long-term care, home adaptations or specialist equipment to make daily life easier. A solicitor can guide you through the claims process, helping you secure compensation for permanent disability.

Getting legal advice early can make a difference, making sure you have access to financial support and the medical care you need once your case is resolved.

The main differences between catastrophic injury and personal injury cases

While a personal injury claim can involve a wide range of injuries, catastrophic injury claims are distinguished by the severity of impact. A personal injury claim might involve broken bones or soft tissue injuries that heal over time. A catastrophic injury can involve permanent disability that fundamentally alters a person’s life.

One important factor in these cases is maximum medical improvement. This is the stage where a doctor confirms that no further recovery is possible, even with continued treatment. At this point, the long-term impact of the injury becomes clearer, which is important when calculating compensation for future care, mobility support and loss of earnings.

Another way that catastrophic injury claims are different from personal injury claims is the settlement amounts. This is because catastrophic injuries often result in lifelong challenges, lost wages over a long time and home adjustments.

The process of making a catastrophic injury claim

If you are thinking about making a catastrophic injury claim, it can help to understand what the process involves. These claims can be complex, as they often require strong evidence and expert assessments to prove the long-term impact of the injury. Here’s what to expect:

• Initial consultation: your solicitor will discuss your situation, review the medical records and assess whether you have a strong case. They will also explain how the claims process works and what steps will come next.
• Gathering evidence: to support your claim, your solicitor will collect important documents such as accident reports, witness statements and medical evaluations. In many cases, independent medical experts will assess you or your loved one's condition to determine the severity of your injuries and your long-term care needs.
• Determining liability: for your claim to be successful, your solicitor must prove that another party was responsible for the catastrophic accident. This could involve showing that an employer failed to provide a safe working environment, a driver was negligent or medical professionals made serious errors.
• Calculating fair compensation: your solicitor will consider all the financial and personal consequences of your injury. This includes any medical expenses, ongoing treatment, lost wages, and any future earnings you may lose due to your injuries. If your injury has led to permanent disfigurement or a permanent disability, additional compensation may be awarded for pain, suffering and reduced quality of life.
• Negotiation or litigation: many catastrophic injury claims are settled through negotiations with insurers or the responsible party. However, if a fair settlement is not offered, your solicitor may recommend taking the case to court.

Each case is unique, but the right legal support will help you get the best outcome from your catastrophic injury claim.

Time limits for making a claim

There is usually a three-year time limit to make a catastrophic injury claim in England and Wales. This starts from:

• The date of the catastrophic accident.
• The date you became aware of the injury’s long-term effects.

Exceptions apply, such as claims for children or those who lack mental capacity. A personal injury solicitor can advise on time limits based on your circumstances.

How is compensation calculated?

The amount of compensation you could receive for a catastrophic injury depends on a few key factors. If your injury has stopped you from working, you can claim for lost wages, covering both the income you’ve already missed out on and any future earnings you won’t be able to make. In cases where someone has suffered a permanent disability, like a spinal cord injury or brain injury, compensation may be higher to reflect the lasting impact on mobility and independence.

It’s not just about financial losses, though. Compensation also takes into account the emotional and physical toll of the injury. Payments for pain and suffering recognise the trauma, distress and impact on your quality of life. If you need to make major lifestyle adjustments - such as installing wheelchair ramps or hiring a full-time carer - there may also be funding for home adaptations and specialist care. Every case is assessed individually to make sure the compensation reflects the full impact of the injury and the support needed to move forward.

How much will it cost me to pursue a catastrophic injury claim?

Many catastrophic injury lawyers, like the team at Switalksis, work on a no win, no fee basis, meaning you do not pay legal fees upfront. If your claim is successful, your agreed legal costs will be deducted from your compensation. We will always explain any potential costs involved before proceeding with your case.

To learn more about making a catastrophic injury claim, speak to the team at Switalskis today. Call us on 0800 138 0458 or get in touch through the website.