Personal Injury Claims – How is Compensation Calculated?

The compensation you receive for a personal injury claim aims to put you back in the position had the accident not happened. Of course, a personal injury claim cannot reverse the injuries you sustained in the accident, but what it can do is compensate you for the pain and suffering you have experienced as a result. These are known as your General Damages. In addition, you can claim for a wide range of other losses sustained as a result of the accident which are known as your Special Damages. Both types of damages added together determine the compensation you are to receive as a result of an accident that was not your fault. 

General Damages

This is compensation for the non-financial losses suffered as a result of the personal injury accident. It is known as compensation for your pain, suffering and loss of amenity. It is a payment awarded for your injuries, both physical and psychological, but also encompasses the wider impact injuries have on your life, for example loss of enjoyment of life and being unable to partake in your hobbies. 

The amount of compensation you receive for general damages is based on the Judicial College Guidelines. These Guidelines are used by all parties (Solicitors, Insurance Companies and the Court) to help assess the appropriate compensation for your injuries. The Guidelines provide brackets of compensation for all types of injuries that an individual may sustain as a result of a personal injury claim, taking into account factors such as the severity of the injury, treatment received and recovery period. These brackets are then narrowed by looking at case law where individuals sustained injuries similar to those suffered by you. 

Special Damages

This is compensation for the out-of-pocket expenses sustained as a result of the accident. These are split into past losses (up until the date of settlement) and future losses (losses you may experience or continue to experience once your claim has settled). Examples of the more common special damages claimed include:-

•    Loss of Earnings – You can claim for loss of earnings sustained as a result of an accident. This may be due to being unable to work, unable to work overtime or even missing out on bonuses as a result of not being able to work or working reduced hours.

•    Care and Assistance – Although not a direct financial loss, you can claim for the care and assistance you may have required from other individuals following an accident. Although your family and friends will naturally help in times of need, you can claim a gratuitous rate for the care provided on the basis that but for the accident, you would not have needed this assistance.

•    Travel Expenses – You can claim the mileage and/or cost of public transport in attending medical appointments following an accident, for example hospital appointments, GP appointments and physiotherapy treatment. 

•    Medical Treatment – Individuals can claim for private medical treatment they have engaged in following an accident, for example physiotherapy and counselling.  

•    Aids and equipment – Common examples are reimbursement for purchasing items such as crutches, raised toilet seats and handrails. 

Special damages claims can cover a wide range of expenses suffered as a result of an accident, with more niche examples being lost pensions, loss of a holiday and the expenses incurred as a result of having to buy an automatic vehicle. 

At Sills & Betteridge LLP we strive for all clients to receive a settlement which appropriately compensates you for the injuries sustained as a result of a personal injury accident. We take the time to ensure that all aspects of a claim have been considered, as every situation is different and every client's case is unique.

Please do not hesitate to contact our Personal Injury Team or email info@sillslegal.co.uk in relation to your potential personal injury claim. If we believe there are sufficient prospects of you succeeding in your claim, we act under a 'No Win No Fee' agreement.

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