What is my personal injury claim worth?

When you have suffered injury from an accident that was someone else’s fault, you may be eligible for compensation for your pain and suffering, and also related financial losses. While the compensation will not change what has happened, it may help you move forward and possibly relieve some financial pressures you might face after your accident.

Personal injury claim values are calculated on an individual basis. It isn’t possible to provide a figure at the beginning as there are so many factors to take into consideration, some of which aren’t apparent until later in the claim, such as how long it takes you to recover from your injuries.

Warning: figures you may see in the media for personal injury are often not reflective of what you may receive, as they often relate to catastrophic injuries and are largely made up of future losses such as lost income and care.

General damages

This is compensation awarded for your injuries, be it physical, psychological, or both. It is intended to compensate you for your pain, suffering and loss of amenity. Each injury comes with a particular tariff or tariff range. These figures are set by the Judicial College, part of the Ministry of Justice, and set out in the Judicial College Guidelines. These are revised around every 2 years.

Some examples of tariffs for short-term orthopaedic injuries:

As you can see these figures are not substantial. They do, of course, increase for more serious and long-lasting injuries but people are often disappointed with the amount award for their injury. As an example, the tariff for a very severe brain injury resulting in a significant effect on the sense and severe physical limitation, often with significant reduction in life expectancy, is £344,150-£493,000.

These figures are just a starting point when valuing your claim. Actual values in your claim are dependent on not just the tariffs in the Guidelines, but also recovery times, seriousness of your injury, the impact of any scarring, intensity of your pain and any long-term or permanent symptoms.

If you have suffered multiple injuries, there will be additional tariffs. For example, you may have suffered one or more physical injuries and also psychological injury directly related to the accident. In this case, the values for each injury cannot simply be added together and claimed as a lump sum. A discount will generally be applied to take account of the overlap given that the pain and suffering all occurred over the same period.

But I’ve had similar injuries or symptoms before this accident – can I still get compensation?

Another aspect that will determine how much your injury is worth is whether you have any pre-existing medical issues. In this case, the value would relate to an exacerbation of your condition or symptoms, rather than being based on all your symptoms being caused by the accident.

A common example of this would be if you have a medical history of back pain and then injure your back lifting something at work. You would still have suffered pain due to the accident, but an expert may say that your symptoms are accident-related for only a defined period following the accident, after which they reverted to what they would have been but for the accident. This would not, however, bar you from bringing a claim. It would simply reduce the value of your claim.

Special damages

These are financial losses directly associated with your accident and will be unique to your own individual circumstances. The following are examples of losses you may be able to claim for, and it is not a complete list as every case is different:  

• Lost wages and income – this is not limited to direct loss of income as a result of having to stay out of work to recover. It can include future loss of earnings if you cannot return to work or have had future work cancelled, loss of overtime or bonuses if your ability to work to your full potential is impacted, partial loss of earnings if you have to take lower paid work because your injury has caused a disability or a general disadvantage on the labour market due to your injury.
• Medical expenses such as prescription charges, purchase of bandages or supports or private treatment costs.
• Cost of replacing personal items or clothing that were damaged because of the accident.
• Travel expenses related to medical appointments.
• Care and assistance where you required help from others to carry out daily living and/or personal care tasks whether provided by a family member or a professional.
• Loss of enjoyment of/ability to continue hobbies and past times, including inability to use a sports or club membership which you cannot have refunded
• Any aids or equipment you have needed to purchase due to your injury or any adaptations to your accommodation as a result of your injury.

 Evidence needed for claiming for compensation

The process of building a strong case can be lengthy and the more evidence you can provide, the better.

Firstly, as you will have likely sought medical treatment, your medical records will be obtained to check for any attendances at, for instance, a hospital, GP or physiotherapist relating to your accident.

In order to properly value the injuries, a report from a suitable medico-legal expert in the appropriate field is necessary. Often more than one expert is needed. For example, you may need to be seen by orthopaedic, neurology and psychiatric specialists. A medico-legal expert will assist with the valuation of your injury including your future prognosis and treatment needs, but can also comment on some aspects of financial loss, such as how much care and assistance would have been suitable for your situation, or whether the length of time you took off work was appropriate.

Other evidence that would be helpful in optimising your compensation award can include:

• Photographs of your injury, and scarring where relevant
• Witness statements from those who assisted you following your injury
• Bank statements, wage slips, invoices, tax returns
• Receipts for items you have purchased due to the accident
• Evidence of travel expenses

As you can see there is a lot to consider with regards to valuing a personal injury claim and therefore, if you have suffered an injury, do consider bringing a claim with a qualified personal injury solicitor who will be able to guide you through all the steps of the claim and advise you knowledgably on the likely value of your claim.

If you have suffered a personal injury and would like to speak with one of our specialist solicitors call us today on 0161 696 6235. You can also use our personal injury compensation calculator to get an estimate of how much your claim may be worth. 

Blog author: Angeline Holmes