What Is The Best Course Of Action For Making A Terminal Injury Claim?

Have you or a loved one suffered from a terminal injury? Did this injury come about because of negligence? Are you looking to make a claim for compensation? This guide is designed to help you through the process and guide you through the best course of action.

Terminal Injury Compensation Claim

Terminal Injury Compensation Claim

This guide will address what this kind of injury is and how they can come about. We will also look at how compensation for these kinds of injuries is valued.

Our advisors are on hand 24 hours a day, 7 days a week to offer you free legal advice and answer any of your questions. You can get in touch with us by: 

  • Calling the number at the top of the page
  • Contacting us via our website
  • Using the live chat feature.

Choose A Section

  1. What Is A Terminal Injury?
  2. Examples Of Life-Shortening Injuries
  3. How Can I Make A Terminal Injury Claim?
  4. Estimating Compensation For A Life-Shortening Injury
  5. What Does A No Win No Fee Solicitor Do?
  6. Additional Information About Terminal Injury Claims

What Is A Terminal Injury?

A terminal injury is an injury that is unable to be cured and is likely to lead to a person’s death. This injury must have been caused by negligence in order for a claim to be made. 

In order to prove that someone has been negligent towards you, you would need to assess whether: 

  • You were owed a duty of care
  • The duty of care that was owed to you was breached
  • You suffered an injury or an illness as result

If you are able to show that these three points apply, then you could be eligible to make a compensation claim. 

There are a number of different situations in which you’re owed a duty of care. These include while on the road, in public or at work; we will look at these more closely later on in this guide.

Terminal Injury Statistics

The health and safety statistics for Great Britain are recorded by the Health and Safety Executive (HSE). Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), employers must report fatal accidents leading to injuries that have occurred on the premises.  

In the year 2020/21, there were 142 people who suffered fatal injuries at work. 

For fatal injuries that were reported by employers, 35% of fatal accidents were falls from a height, and 25% involved being struck by a moving vehicle. 

Additionally, the Department for Transport also records the statistics for road traffic accidents. For the year 2020, there were 115,584 casualties of all severities. Out of this figure, there were 1,460 reported road deaths. 

Examples Of Life-Shortening Injuries

As we have already mentioned, in order to claim, your terminal injury needs to be the result of a breach of duty of care. Below, we have looked at some scenarios in which you’re owed a duty of care: 

  • In the workplace. The Health and Safety at Work etc. Act 1974 outlies the duty of care that employers owe their employees. They need to take all reasonably practicable steps to ensure your safety. For example, if your employer failed to provide you with a hard hat and something dropped on your head as a result, this could cause a head injury leading to brain damage which could be fatal. 
  • In a public place. The Occupiers’ Liability Act 1957 is a piece of legislation that focuses on those who control an area or a place that is accessible to the public. The party in control (the “occupier”) would need to ensure they take reasonable measures to protect the health and safety of visitors. An example of a fatal injury in public could include an unsecured shelving unit falling onto a member of the public, resulting in a crush injury to the chest.
  • In a road traffic accident. The Highway Code and the Road Traffic Act 1988 outline the duty of care that all road users have towards one another. All road users need to act with the level of care and attention of the average motorist. If they fail to do this (for example, because a driver is using their phone on the road), this could result in a head-on collision that proves fatal.

These are just some examples of terminal injuries that you could sustain as a result of negligence. Speak with our team today to find out if you have a valid claim.

How Can I Make A Terminal Injury Claim?

When you make a claim for a terminal injury, you can follow this process. It could help you gather the evidence that might be required in order to pursue the claim. 

The first step to take after you have been involved in an accident is to seek out medical attention. This should always be the first step, as it allows your well-being to be assessed.  It could also generate a medical report that could be used as evidence. 

You could also gather evidence to support the claim. This could include: 

  • Photos of the accident site
  • Photos of the injury 
  • Contact details of witnesses 
  • CCTV footage of the accident 
  • A written record from an accident book (if you were injured in a workplace accident or one in a public place)

While it is not mandatory, it can also be helpful to get legal advice while you are preparing to claim. This can clear any doubt or fears you may have when claiming. It can also help you understand the requirements you may have to meet in order to claim.

For further advice on terminal injury claims, our advisors are happy to help. They are available 24 hours a day, 7 days a week.

Estimating Compensation For A Life-Shortening Injury

The Judicial College produces a set of guideline compensation brackets for a range of different injuries. They are based on previous compensation awards that have been made. 

Your solicitor could use these guidelines as a reference point to help value your claim.

Types of Terminal InjuriesHow Much?Description
Death (Full Awareness)£11,770 to £22,350Injuries that involve severe burns that are followed by a full awareness for a limited period, followed by death within a period of 3 months
Death (Followed by Unconsciousness) £9,870 to £10,010Injuries that have severe burns and damage to the lungs, which have a long period of excruciating pain and could be followed by unconsciousness after 3 hours and death two weeks later
Death (Immediate Unconsciousness/Death After Six Weeks) £3,530 to £4,120Injuries that result in immediate unconsciousness and death occur after six weeks
Death (Immediate Unconsciousness/Death within One Week) £1,290 to £2,620Injuries that result in immediate unconsciousness or follow shortly after the injury and death occurring within a week.
Mental Anguish£4,380This includes the fear of impending death or the reduction of life expectancy.
Asbestos-Related Disease (a)£65,710 to £118,150Cases involving mesothelioma that cause an impairment on the quality of life and day-to-day function.
Brain Damage: Very Severe£264,650 to £379,100Cases that involve a significant effect on the senses and a severe limitation on any physical abilities
Paraplegia£205,580 to £266,740Injuries that have an increasing risk of paralysis, with additional risks to life expectancy and could have symptoms such as depression.
Chest Injury £94,470 to £140,870Total removal of one lung and/or serious damage to the heart.
Lung Cancer £94,470 to £127,530Progressive worsening of the condition leading to premature death.

In a successful claim for compensation, you could receive two different heads of claim. General damages compensate you for the physical and mental suffering that you have endured. In some cases, you will be assessed by an independent medical professional, and they will then make a report that will be used to value this head of your claim. 

Special damages can compensate you for any financial expenses that were incurred as a result of the injury. These include both and future losses incurred; you could claim these back provided that you have evidence. For example, payslips could be used to show any loss of earnings that were incurred as a result of you being unable to work while recovering. 

Some other kinds of financial loss that could be reimbursed through special damages include: 

  • Travel expenses 
  • Childcare costs 
  • Loss of wages 
  • Additional house modifications
  • Prescriptions/aids

If you have any further questions about terminal injury claims, don’t hesitate to contact us via our live chat feature. If you have a valid claim, you could be connected with a solicitor from our panel. 

What Does A No Win No Fee Solicitor Do?

No Win No Fee agreements can also be called Conditional Fee Agreements. These are arrangements between you and your No Win No Fee solicitor. It contains the understanding that if you win the case, then you will have to pay a success fee.

The percentage of the fee is capped by law. Your solicitor will discuss this with you before the claim starts so that there aren’t any surprises. On the other hand, if your case is unsuccessful then you wouldn’t have to pay anything to your solicitor. 

You do not need a solicitor to begin the claims process. However, it is useful to obtain a solicitor’s knowledge of the process, and they could offer advice that you find helpful in the claims process.

Our advisors can put you in touch with our panel of personal injury solicitors, provided you have a valid claim for compensation. This service is available 24 hours a day, 7 days a week, so feel free to contact us. 

Talk To Us About A Terminal Injury Claim

If you would still like further guidance on making a terminal injury claim, then please contact us by: 

  • Using our live chat feature 
  • Calling us on the number at the top of the page
  • Contacting us through our website

Additional Information About Terminal Injury Claims

Here are some additional resources for you to have a look through: 

The Royal Society for the Prevention of Accidents offers guidance and advice about reducing serious accidental injuries.

The HSE also offers a guide on how to report an accident at work with examples of the different types of accidents. It also offers additional information on the employer’s responsibilities.

We also have a guide on fatal accident claims.

Why not read our articles on how to get compensation for a head injury at work? 

To find out more about terminal injury claims, reach out to our advisors.