A catastrophic injury changes the rest of your life, and the legal claim is unlike any other. Bird & Co’s specialist catastrophic injury lawyers act for people and families dealing with severe brain injury, spinal cord damage, amputation, severe burns and other life-changing injuries, securing the rehabilitation, care, accommodation and financial support needed to rebuild. Our personal injury team, led by James Ilic, works on a no win, no fee basis with a free initial consultation by phone, video, or home and hospital visit.
What is a catastrophic injury?
A catastrophic injury is one so severe that it permanently changes the injured person’s ability to live, work or care for themselves, requiring lifelong treatment, care or adapted accommodation.
| Injury type | Typical long-term impact |
|---|---|
| Severe traumatic brain injury (TBI) | Cognitive impairment, memory and personality changes, loss of capacity |
| Spinal cord injury (paraplegia or tetraplegia) | Paralysis, loss of bladder and bowel control, wheelchair use and adapted housing |
| Amputation and limb loss | Prosthetics, pain, psychological impact and loss of earnings |
| Severe burns | Permanent scarring, reconstructive surgeries and psychological injury |
| Multiple serious injuries (polytrauma) | Compounded effects across two or more serious injuries |
| Severe psychological trauma | Treated as part of the overall claim where linked to the above |
Who can make a catastrophic injury claim?
You can claim if someone else’s negligence or breach of duty caused, or significantly contributed to, your injury. If the injured person cannot make decisions themselves, a litigation friend brings the claim.
A claim can still proceed where:
- The injured person lacks mental capacity under the Mental Capacity Act 2005: limitation is suspended under s.28 Limitation Act 1980.
- The injured person is a child: a parent or guardian acts as litigation friend, and the child has until their 21st birthday to claim themselves.
- The injured person was partly at fault: compensation may be reduced for contributory negligence, but the claim is not blocked.
- The injured person has died: the estate or dependants can claim under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934.
What types of catastrophic injury claim do you handle?
Bird & Co handle the full range. “Catastrophic” describes severity, not cause:
- Road traffic collisions. Car, motorcycle, cycling and pedestrian incidents.
- Workplace accidents. Falls from height, crush injuries, machinery and burns. See our accident at work claims page.
- Brain injury claims. See our specialist brain injury lawyers page.
- Amputation claims. See our specialist amputation claims page
- Falls on premises. Often alongside an occupiers’ liability claim.
- Assaults and violent crime. Via the Criminal Injuries Compensation Authority (CICA) or a civil claim against an identified attacker.
What makes a catastrophic injury claim different?
Catastrophic claims sit apart from standard personal injury cases because of their scale, length and specialist mechanisms. Compensation usually combines a lump sum with structured lifetime payments.
- Higher settlements. These rank among the highest-value claims in personal injury law, driven by lifetime future losses for care, accommodation and lost earnings.
- Longer timelines. Most cases take three years or more; the long-term prognosis must be clear before settlement.
- Interim payments. Compensation paid before settlement, deducted from the final award, to fund rehabilitation, care, accommodation, lost income and equipment.
- Rehabilitation Code 2015. A voluntary code prioritising early rehabilitation via an Immediate Needs Assessment (INA); insurers typically fund the package outside formal litigation.
- Periodical payments orders (PPOs). A court order requiring the insurer to pay a guaranteed annual sum for life (or a fixed period), alongside the lump sum. PPOs covering care are indexed to ASHE 6115, the ONS earnings index for care assistants.
- Court of Protection. Where the claimant lacks capacity, a deputy (usually a specialist solicitor) is appointed; professional deputyship costs are recoverable.
- Multi-disciplinary experts. Neurologists, neuropsychologists, spinal consultants, prosthetists, occupational therapists, care and accommodation experts, life care planners and forensic accountants.
What you need to prove for a successful claim
You must show on the balance of probabilities that someone else owed you a duty of care, breached it and caused your injury.
| Element | What it means |
|---|---|
| Duty of care | A recognised legal duty, e.g. employer, road user or occupier |
| Breach | Falling below the required standard, e.g. breaching the Health and Safety at Work etc. Act 1974, careless driving or an unaddressed hazard |
| Causation | The breach caused or materially contributed to your injury |
| Loss | You suffered injury and financial loss |
Causation is usually the most heavily contested element: insurers often argue the worst consequences would have happened anyway, or that a pre-existing condition is partly responsible.
What evidence should you gather?
The earlier evidence is preserved, the stronger the claim. CCTV footage and witness recollections fade within weeks.
| Evidence | Helps prove |
|---|---|
| Photos, video, CCTV and dashcam footage | Scene conditions, the hazard and how the incident happened |
| Medical records | Nature, cause, extent and prognosis |
| Witness statements | Independent corroboration |
| Accident book or incident report | That the incident was reported at the time |
| Police report | Contemporaneous record of a road traffic accident or assault |
| Wage slips, P60s and pension records | Pre-injury earnings and future loss of earnings |
| Receipts and invoices | Out-of-pocket losses |
We can preserve CCTV footage, obtain records and serve formal requests on third parties.
How much compensation could you receive?
Catastrophic settlements are among the highest in personal injury law; every case is valued on its own facts. Future losses usually dwarf general damages.
| Category | Covers | Examples |
|---|---|---|
| General damages | Pain, suffering and loss of amenity | Severity of injury, scarring, loss of independence and psychological impact |
| Special damages (past) | Losses already incurred | Lost earnings, medical and rehabilitation costs, family care and travel |
| Special damages (future) | Lifetime losses | Care, case management, therapies, prosthetics, accommodation and vehicle adaptations, assistive technology, future loss of earnings and pension, deputyship |
General damages are valued by reference to the Judicial College Guidelines. Compensation is often paid as a lump sum alongside a PPO, combining immediate funds for accommodation with a guaranteed index-linked income for life.
How long do you have to make a catastrophic injury claim?
The standard limit is three years from injury or date of knowledge under the Limitation Act 1980, but several exceptions apply.
| Claimant | Time limit |
|---|---|
| Adult with capacity | Three years from injury or date of knowledge |
| Adult lacking mental capacity (s.28 Limitation Act 1980) | Suspended while capacity is lacking |
| Child (under 18) | Until the child’s 21st birthday |
| Family of a person who has died | Three years from date of death or knowledge |
| Criminal Injuries Compensation Authority (CICA) | Two years from the incident |
Early action produces a better outcome: evidence fades quickly, and rehabilitation funded by an early interim payment can change the long-term prognosis.
The catastrophic injury claims process
Catastrophic claims follow the broad personal injury framework, but each stage takes longer and needs more specialist input.
| Stage | What happens | Timing |
|---|---|---|
| 1. Free initial consultation | We explain the claim and confirm funding | Day 1 |
| 2. Investigation and rehabilitation | Evidence-gathering and engagement under the Rehabilitation Code 2015 (Immediate Needs Assessment) | First few months |
| 3. Liability and interim payments | Liability investigated; interim payments applied for under Civil Procedure Rules Part 25 | 6 to 18 months |
| 4. Medical evidence and prognosis | Specialist experts instructed; we wait for the medical picture to stabilise | 1 to 3 years |
| 5. Schedule of loss and negotiation | Past losses quantified, future needs projected; most cases settle at a joint settlement meeting | Year 2 onwards |
| 6. Settlement and Court of Protection | Lump sum, often with a PPO. Where the claimant lacks capacity, a deputy is appointed | At settlement |
A named solicitor leads the case throughout, with home or hospital visits where needed.
No win, no fee catastrophic injury claims
We handle catastrophic injury claims on a no win, no fee basis (a conditional fee agreement, or CFA). You pay nothing upfront, and if the claim is unsuccessful you do not pay our legal fees.
- If you win, a capped success fee is deducted from your compensation, explained in the CFA before you sign.
- If you lose, you do not pay our legal fees. We arrange after-the-event (ATE) insurance to cover the other side’s costs.
Frequently asked questions about catastrophic injury claims
What is an interim payment and how do I get one?
An interim payment is part of your compensation paid early to fund rehabilitation, care, accommodation, equipment and lost income. Once liability is admitted (or strongly likely), your solicitor asks the insurer for a voluntary payment supported by an Immediate Needs Assessment. If refused, an application can be made under Civil Procedure Rules Part 25. Multiple interim payments are common.
What is a periodical payments order (PPO)?
A PPO is a court-approved structure where the insurer pays a guaranteed annual sum for life (or a fixed period) alongside the lump sum. PPOs are usually used for future care because they remove the risk of outliving the funds. PPOs covering care are indexed to ASHE 6115, so payments rise in line with care costs.
What happens if the injured person cannot manage their own finances?
Where the injured person lacks mental capacity, the Court of Protection appoints a deputy (usually a specialist solicitor), supervised by the Office of the Public Guardian. Deputyship costs are recoverable, and any final settlement for someone without capacity must be approved by the court.
Can I claim if the accident was partly my fault?
Yes. Being partly at fault does not block a claim, but it can reduce compensation under contributory negligence. If a court finds you 25% responsible, compensation is reduced by 25%. The percentage is often heavily contested in catastrophic claims, but the remaining value is usually substantial.
Why choose Bird & Co for your catastrophic injury claim?
Catastrophic claims should not be handled by a generalist. Our team, led by James Ilic, has specialist experience across brain, spinal, amputation, burn, multi-trauma and fatal cases, handling settlements from thousands to millions of pounds. We offer a free initial consultation, direct solicitor contact, regular updates and home or hospital visits throughout. Bird & Co is Lexcel accredited and regulated by the Solicitors Regulation Authority (SRA), rated 4.9 out of five on Trustpilot from over 1,000 reviews.
See our personal injury solicitors page for the full range of claims we handle.
Speak to our catastrophic injury solicitors
If you or a loved one has suffered a life-changing injury, talk to a specialist today. Your first consultation is free, with no obligation, and home and hospital visits are available.
Call us today on 01476 591711 or send an enquiry through our online form and we will call you back.
Our personal injury solicitors are based in Grantham, Newark and Lincoln and act for clients across Lincolnshire, Nottinghamshire and the rest of the UK.