Learn How Is Personal Injury Compensation Calculated
In this guide you can learn more about how personal injury compensation is calculated.
£85 million in compensation
Learn How Is Personal Injury Compensation Calculated
In this guide you can learn more about how personal injury compensation is calculated.
If you have been injured in an accident which was not your fault you may be able to make a personal injury claim. Understanding how is personal injury compensation calculated is essential to knowing what you may be eligible to claim for. Compensation may be awarded to compensate for physical, psychological and even financial impacts of an accident. In this guide we look at the factors which may be taken into account when determining compensation.
We explore factors involved in determining compensation such as what claims may cover, those involved in calculating pain and suffering or financial losses and what else you may be able to claim for.
Whether you have suffered complex or multiple injuries or need to navigate unique circumstances, one of our specialist solicitors could help you. Contact us for expert advice on how your claim could be calculated.
- Phone – 0151 375 9916.
- Contact us using our form.
What Do Personal Injury Compensation Claims Cover?
Compensation claims could be made in a wide range of different circumstances. They may cover circumstances such as an accident at work, a road traffic accident or an accident in a public place. Settlements are designed to financially compensate those harmed in accidents which were not their fault.
The function of compensation is to ensure that accident victims are not left out-of-pocket. Compensation may broadly be divided into two main types. These are:
- General damages. These damages compensate for non-financial consequences of an injury, such as the pain, suffering and loss of amenity (this is the loss of enjoyment you get from particular activities that you can no longer participate in, such as no longer being able to ride your horse).
- Special damages. These damages compensate for financial losses and out of pocket expenses such as bills for medical treatment, lost wages and ongoing care costs.
Next we will look at how these two types of compensation may be calculated. If you have any questions, such as “how is compensation calculated?” contact our specialist team.
The Judicial College Guidelines And Estimating Your Payout
The Judicial College Guidelines (JCG) are a crucial resource which may be used when estimating what personal injury claims may be worth. The JCG contains guidelines on how compensation for general damages may be assessed. The document covers different types of injuries and their severity, such as guidelines for what may be awarded for severe injuries.
Legal professionals working on an injury claim may refer to the JCG in conjunction with your medical report. They may compare your injuries against descriptions of injuries and brackets listed in the JCG. For example, a modest ankle injury which is expected to fully heal in a short period of time may fall into a low bracket whereas a life-changing spinal injury could be valued higher.
Below you can find figures from the JCG. Please note that the top entry is our example of what may be awarded inclusive of special damages (discussed later in this guide).
| Type Of Injury | Severity | Damages |
|---|---|---|
| Multiple severe injuries + special damages. | Severe injuries. | Up to £1,000,000+ if special damages are awarded. |
| Brain and head injuries | Very severe – A | £344,150 to £493,000 |
| Paralysis | Paraplegia – B | £267,340 to £346,890 |
| Back injuries | Severe – A (i) | £111,150 to £196,450 |
| Neck injury | Severe – A (ii) | £80,240 to £159,770 |
| Hand injury | Serious injuries – E | £35,390 to £75,550 |
| Elbow injury | Less severe injuries (b) | £19,100 to £39,070 |
| Hip injury | Moderate – B (ii) | £15,370 to £32,450 |
| Shoulder injury | Serious | £15,580 to £23,430 |
| Ankle injury | Modest injuries – D | Up to £16,770 |
It is important to note that figures found in the JCG and presented in our table are only guidelines and are not fixed amounts. How much compensation you could be owed will depend on the individual circumstances of your claim.
A specialist solicitor can help to ensure that your injury compensation claim is accurately valued and that you provide the right evidence to show how you were harmed. Contact for an assessment of your case.
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Special Damages - What Else You Can Claim For
Where general damages compensate for the non-financial impact of an injury, special damages compensate you for expenses and financial loss as a result of your injury. Whilst these damages cover a very broad range of different expenses it is crucial that you show they are directly related to your accident.
Loss Of Earnings And Future Income
If you had to take time off work to recover from your injury, you may claim for any lost earnings. Your claim may also take projected future losses into account. This may be the case where you have not fully recovered.
Your claim may also take the impact on your future earning potential into account. For example, you may not be able to return to the same duties, changing to a lower paying role or may be unable to work at all. You may also be compensated for other workplace benefits such as contributions to a pension or entitlement to overtime.
The Cost Of Medical Treatment And Care
As a result of your accident, you may have had to meet various medical expenses for which you could be compensated. This may include the cost of private medical treatment, surgery, prescription medication, rehabilitation or prosthetic equipment.
You may also recover the cost of domestic care and assistance needed during your recovery or over the long-term.
The Cost Of Adapting Your Home Or Vehicle
If you sustained a severe injury, such a back injury, you may have been permanently harmed or been left with a long-term disability. As a result, you may have had to or need to make adaptations to either your home or vehicle. Adaptations could include installing ramps to entryways, widening doorways or modifying your vehicle for wheelchair access.
Travel Expenses
You may need to travel to various medical appointments, such as to hospital for treatment or therapy or physiotherapy sessions. The cost of this travel could be recovered as part of your compensation settlement. In addition, you could recover the costs of hiring accessible transport or using taxis.
The Cost Of Lost Or Damaged Items
If any of your personal belongings were damaged or lost in the accident, which caused your injuries, you may claim the cost of repairing or replacing them. Examples of items you could be compensated for include hearing aids, glasses or a mobile phone.
Special damages are not awarded automatically. You will need to supply evidence which shows what losses you experienced and how they were connected to your injury. For example, you may use payslips and bank statements to show the impact of taking time off work, invoices for medical care or tickets for travel to medical appointments.
A personal injury solicitor from our team could help you to collect evidence showing your eligibility to claim special damages. Call today to find out more.
How Compensation Is Calculated For Multiple Injuries At Once
As we have seen, guidelines from the Judicial College may be used in conjunction with your medical records to estimate what could potentially be awarded for an injury. However, where a claimant suffered either multiple or complex injuries claims may be more complicated.
For example, where a claimant suffered a burn injury and nerve damage, the court may decide to award compensation for the main injury in full. Subsequent injuries may be awarded separately at a reduced level to if they were being claimed on their own.
A dedicated solicitor working on your claim could provide legal advice, ensuring that you get the best possible compensation for your injuries.
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We pride ourselves on providing the best service possible for our clients.
Does The Cause Of My Injury Change The Compensation I Can Get?
In most instances the cause of your injury and the circumstances in which you were harmed do not affect the compensation you could claim. However, there are some circumstances which may affect how compensation claims are calculated.
- Road traffic accidents – where a claimant was partially at fault for a car accident they may make a split liability claim. In such instances, compensation is reduced by the percentage the claimant is deemed to be at fault.
- Uninsured or untraced drivers – cases where a driver was uninsured or can not be identified may be made via the Motor Insurers Bureau (an organisation into which vehicle insurance providers pay into).
- Criminal injury claims – where you were harmed by a criminal assault, you may be compensated via the Criminal Injuries Compensation Authority (CICA). This is an executive government agency responsible for compensating victims of violent crime.
Please contact our team to learn more about how compensation amounts may be calculated.
How JF Law Can Help You Claim
At JF Law we understand that the claims process may seem daunting and complex, especially when you are still recovering from your injury. That’s why our team is dedicated to helping people claim the compensation they are entitled to.
Our advisors and personal injury solicitors could help in a variety of different ways. We could:
- Provide expert legal advice – during your initial consultation, an advisor can review your case and explain your legal rights.
- Gathering evidence – a solicitor could help to gather evidence such as contact details for those who could supply witness statements, collect medical records, accident reports and photo or video records.
- Negotiate your settlement – a solicitor could negotiate with other parties to the claim, such as the defendant’s insurance provider, to secure the best possible settlement.
If our team thinks you have a valid claim, one of our solicitors could help you via No Win No Fee agreement. By providing their services under the Conditional Fee Agreement (CFA) you will not have to pay for their services either before the start of your claim or during the process.
If your case isn’t successful, you will not need to make a payment for their work on your case. If you do win, you will pay a success fee to the solicitor from your compensation. This percentage has a legal limit, ensuring you keep the bulk of your compensation.
To find out how we could help you or to learn more about how your compensation could be calculated, contact us.
- Click here to contact us using our online form.
- Call us 0151 375 9916.
More Information
Below you can learn more about different types of compensation claims which you could make.
- Here we look at how personal injury lawyers could help you to make a compensation claim.
- Here you can find out how long after an accident at work you have to claim compensation.
- In this guide we look at how many personal injury claims go to court.
References
- Read more about how the Motor Insurers Bureau could help victims of hit and run accidents here.
- Check what Statutory Sick Pay you may be owed in this resource.
- You can learn more about first aid in this NHS guide.
We hope that you now know more about how is personal injury compensation calculated. For further information, please contact our team.
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