Glenfield Park injury compensation lawyer: serious injuries

Most people never need to think about impairment percentages. If your injury is serious, you probably will. The scheme's rules divide injuries by type first, threshold or not, and then, for some entitlements, by the degree of lasting impairment. This page explains both in general terms. Your own claim depends on your diagnosis and on the insurer's decisions, which can be reviewed.

People are often surprised by how technical WPI is. It is assessed under guidelines that rate specific impairments, such as lost movement in a joint, and express the result as a whole-body percentage. More than 10% is the key line in CTP claims, because damages for non-economic loss, meaning pain and suffering, are only available above it. Loss of earnings doesn't need that level.

An assessment above 10% opens damages for non-economic loss and changes some timing rules as well. But many people with genuine, lasting injuries are assessed at 10% or less. That doesn't mean the injury isn't real, or that there is no damages claim. Economic loss, such as lost earning capacity, can still be claimed where the other conditions are met.

Weekly payments cover lost income for a limited time. For a serious injury, the bigger question is the future: will you be able to return to your old job, at the same hours and pay? If not, a damages claim may include past and future economic loss, provided the conditions for damages are met. That part of a claim doesn't depend on WPI above 10%.

The scheme treats psychological injury seriously, but it still sorts it by diagnosis. A threshold psychological injury is generally handled like a threshold physical one. A more serious diagnosed condition may take the claim beyond the threshold. Because the difference turns on the diagnosis, the opinion of a treating psychiatrist or psychologist can matter a great deal.

There's usually no single moment when WPI is measured. Opinions may come from treating doctors, from doctors the insurer arranges, and, where the two sides disagree, from a medical assessment through the Personal Injury Commission. Timing matters, because injuries can improve or worsen for months. A lawyer can advise whether an assessment is premature before you rely on it.

• Whether the injury has stabilised
• Changes in your condition since the last report
• Whether you disagree with the result, and the deadline to say so

The threshold line is a medical line drawn by legal rules. Your doctor diagnoses the injury; the scheme's definition decides which side it falls on. Sprains, strains and whiplash without nerve findings usually sit on the threshold side. Confirmed nerve damage, a tear, a fracture or a brain injury generally takes an injury beyond it. The insurer makes the call, and you can challenge it.

Which side you're on matters. For accidents from 1 April 2023, statutory benefits for a threshold injury generally last up to 52 weeks. For accidents between 1 December 2017 and 31 March 2023, the limit was 26 weeks. If your injury is more than threshold and you weren't mostly at fault, benefits can generally continue for longer, and a damages claim may be possible.

Serious injury claims rest on medical evidence gathered over time: hospital records, imaging, operation reports, specialist opinions, and treating doctors' notes that track your progress. Your own records add the human detail. Start collecting early, keep everything in date order, and make sure each doctor knows about all your injuries, not just the one they're treating.

• Hospital admission and discharge records
• Imaging reports, such as X-ray, CT or MRI, where done
• Operation and specialist reports
• Reports from a treating psychologist or psychiatrist, if any