How Your Personal Injury Claim is Calculated
It is impossible to identify the appropriate compensation which should be recovered in a personal injury claim without first addressing a number of key issues.
Personal injury compensation falls into two basic categories:
- Damages for pain and suffering (known as general damages);
- Past and future losses and expenses (known as special damages).
Whilst compensation for pain and suffering will be determined by the nature of the injuries sustained and the symptoms which persist, other factors will also be taken into consideration such as age and gender.
For example, a facial scar is likely to attract a higher award of compensation for a young single female than a much older married man. In addition it is rare that any two injuries will be exactly the same. As a consequence whilst it is possible to provide general guidance on the levels of compensation which can be received; full and proper advice can ever be given until appropriate medical evidence has been obtained. This can be seen by reference to range of awards identified for each injury in the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases.
The potential variations in the levels of compensation recoverable are even greater when considering losses and expenses arising from a particular injury.
Past losses and expenses may vary significantly for a number of reasons. Any claim for loss of earnings for example will depend upon a number of factors including whether an individual is employed, the level of their average earnings and the sick pay received during any period of absence. It may also vary depending upon the availability of overtime, bonuses and shift allowance.
Any claim for future or continuing loss of earnings will depend upon the nature of the injuries sustained and any pre-existing medical conditions which may affect the individual’s ability to work to normal retirement age in any event. Compensation may also be recoverable for loss of pension although again much will depend upon the type of pension linked to the individual’s employment. A final salary pension scheme would give rise to a much greater loss than a contribution based pension scheme. Many other complicating factors arise such as the security of an individual’s employment at the time the claim progresses to trial or settlement is agreed, the potential handicap faced on the open labour market and also any loss of promotion prospects.
In addition, any compensation which can be claimed for care and assistance will be determined by the medical evidence and the period over which assistance is likely to be provided. Any such award is likely to be significantly higher where the injured person is relatively young and has a good life expectancy.
At Sintons our specialist personal injury lawyers have a wealth of experience in pursuing both accident and disease compensation claims. In addition you can rest assured that we will never attempt to value your claim until all the necessary evidence is to hand. This is to ensure that the advice provided is as accurate as possible and that we can look to recover the maximum award of compensation on your behalf. For further information see Types of Compensation.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal inury compensation claim or obtain further advice with no obligation contact Sintons 24/7.