Learn How Personal Injury Compensation Is Calculated
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If you are wondering how is personal injury compensation calculated, please read this guide.
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Learn How Personal Injury Compensation Is Calculated
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If you are wondering, ‘how is personal injury compensation calculated?’ please read this guide.
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Have you been injured in an accident that was not your fault? Then, you might be asking, ‘How is personal injury compensation calculated?’ If so, it may be useful to read this guide, which provides a thorough answer to this question.
You will first learn about the different kinds of personal injury compensation. Our guide then explains this compensation in detail to see what factors may be considered when calculating it and what type of injuries can be claimed for.
We will also examine whether a personal injury claim can help you recover financial losses. Finally, we take a look at the work of our solicitors and how one of these highly trained experts can help you pursue compensation.
Our solicitors understand that an injury has the potential to have a spiralling effect on many aspects of life, including your health, finances, and day-to-day activities. If you decide to claim with one of them, you’ll be supported throughout your journey towards getting the compensation you deserve.
To start your personal injury claim today, please get in touch with our friendly advisors by:
- Visiting our contact page
- Calling them on 0333 091 8598
- Messaging them on our live chat
How Is Personal Injury Compensation Calculated?
Personal injury compensation is calculated by assessing your injuries and financial losses. The claims process can consist of 2 types of damages:
- General damages – Covers the pain and suffering arising from your injuries
- Special damages – Compensates for the financial losses resulting from the injuries you sustained
If you are claiming for both types of damages, then they will combine to form your overall compensation.
It is important to note that evidence will have a big influence on how your compensation is calculated. So, we always recommend keeping hold of any proof that can support your claim, such as financial documents and medical records.
The following sections provide a detailed explanation of how compensation is calculated. You can also contact our advisors at any time to have your queries answered by our 24/7 advisory team.
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What Are General Damages In Personal Injury Claims?
In personal injury claims, general damages refer to the compensation you are awarded for your pain and suffering. This will be the starting point of your claim.
General damages take into account any physical injuries or psychological harm you suffered as a result of your accident. Many factors are considered when calculating general damages, including:
- The severity and extent of the injury
- Whether your injuries have led to long-term disability
- If your accident resulted in a mental health condition like depression
- What the prognosis is for your future recovery
- The impact on your quality of life and ability to perform daily activities (termed a ‘loss of amenity’)
What Injuries Are Covered By General Damages?
Any injury can potentially be covered by general damages. To put this into perspective, here are some examples commonly seen in personal injury claims:
- Broken and fractured bones
- Damage to internal organs
- Brain damage and other head injuries
- Paralysis and nerve damage
- Amputations of limbs, fingers, and toes
- Damaged senses, such as eye injuries
- Burns, lacerations, and scarring
- PTSD, stress, and anxiety
Don’t worry if you don’t see your own injury listed here. No matter what injury you sustained in an accident that wasn’t your fault, you may be entitled to general damages. So, whether your injury was minor or major, share your story with our advisors to find out if you are eligible to claim.
How Is The Value Of General Damages Determined?
The value of general damages is determined on a case-by-case basis, reflecting the unique circumstances of every personal injury claim. To help value these damages, the legal team working on your claim will review a report of your injuries created by an independent medical assessor. Alongside this, they will compare your injuries to information from the Judicial College Guidelines (JCG).
The JCG is a document that publishes a comprehensive list of physical and psychological injuries, accompanied by suggested compensation brackets.
Our free personal injury claims calculator (which you can find below) uses information from the JCG. Simply pick an injury type from the tool’s drop-down menu to see the guideline compensation bracket paired with it.
It’s important to recognise that the calculator should only be used for guidance. Since no case is alike, this tool cannot provide any guarantees of how much compensation you might receive for a successful personal injury claim.
If you would like more information on general damages, please contact our friendly advisors for further guidance.
Compensation Bracket: 0.00
What Do Special Damages Cover When Claiming For A Personal Injury?
Special damages cover the financial losses you incurred as a direct result of your personal injury. For instance, you might have suffered a severe back injury in a scaffolding accident. That may have left you unable to work, or meant you need to pay for special rehabilitative care.
The sections below provide a selection of losses that might be caused by an injury. They will also highlight what kinds of evidence can be beneficial when proving the losses you’re claiming for under special damages.
Loss Of Earnings
A loss of earnings occurs when you are forced to take time off work. These losses can also include:
- Missed bonuses and holiday entitlements
- Pension contributions
- Lost career advancements
Additionally, if you are entitled to statutory sick pay and your earnings were reduced during your time off work, you may also be able to claim this back.
To claim for a loss of earnings, you will need to be able to produce evidence of your typical earnings. Usually, this proof can consist of payslips and employment records.
Impact On Future Earnings
In some circumstances, there may also be an impact on future earnings. For example, you may have suffered an electric shock at work that left you with severe burns and permanent nerve damage. That might reduce your capacity to work or leave you unable to do your job anymore.
Under special damages, you may be eligible to include such a future loss of earnings in your claim. Your legal team may calculate these losses by multiplying the number of years until you retire by your net annual loss.
Costs Of Care And Rehabilitation
Some injuries result in a need for long-term care and rehabilitation, which may have a significant financial impact. We’ve listed several examples below that you might be able to claim for:
- Private treatments, 24-hour medical support, and specialist rehabilitative care to support your recovery
- Physiotherapy and occupational therapy to manage pain and improve mobility
- Mental health services such as counselling or therapy if you developed a condition like depression or PTSD
- Childcare, if your injuries mean you need extra assistance
- Care in the home from loved ones or professionals. This assistance can include help with meal preparations and bodily functions
Transport Or Travel Expenses
After suffering a personal injury, you may need to travel to and from medical appointments. The costs related to attending these appointments can quickly add up. If, for instance, you can’t drive because you broke your leg in an accident at work, then you might have to pay out-of-pocket for taxis, trains, or buses.
You could also claim for the cost of petrol or parking fees if you are still able to drive to appointments. In order to be reimbursed for travel expenses, you’ll want to keep hold of receipts, tickets, and similar proof.
Replacing Or Repairing Damages Items
If any personal items were damaged when you suffered your injury, you may have the option of claiming for the cost of replacing or repairing them.
Some examples of personal property you may be able to claim compensation for include:
- Clothing or shoes
- Accessories such as glasses or handbags
- Electronic devices like mobile phones or laptops
You can share the specifics of what happened in your accident by speaking with one of our friendly advisors. They’re here 24/7, so you know you’ll always get a quick response to whatever query you have.
How To Calculate The Cost Of Special Damages
The cost of special damages is determined by assessing whatever documented evidence of financial loss is available. Since these losses are quantifiable, it can be a simpler process compared to calculating the potential value of general damages.
We’ve already touched on some of the evidence that can be used to support special damages. Below, you can find some more examples of documentation you may want to keep hold of:
- P45s, P60s, and tax returns
- Bank and credit card statements
- Invoices and estimates
- Copies of receipts showing expenses like purchased special equipment or medications
If you are worried that you might have difficulty proving your financial losses, our solicitors can help. With years of combined experience, they know exactly how to piece together the evidence needed to support a claim for special damages.
For further guidance on special damages and the work of our solicitors, please contact our advisory team. They work around the clock and can provide you with a free, no-obligation case assessment.
What Else Will Be Covered In My Personal Injury Compensation?
Your personal injury compensation may also cover certain costs related to the claims process itself.
Our advisors and solicitors will discuss all aspects of the claims process with you from the outset. However, for now, the following sections will explain what else your personal injury compensation might cover.
Success Fee
One of the benefits of claiming with our solicitors is that they can offer their services on a No Win No Fee basis if you sign a Conditional Fee Agreement (CFA). This agreement means that you will not be asked to pay any upfront or ongoing solicitor fees for the work done on your claim.
If you win compensation, your solicitor will receive a success fee for their work. This fee will be deducted from your compensation but it’s kept small due to a legal cap on the percentage that can be taken. However, you won’t have any solicitor fees to pay at all if your claim is unsuccessful.
After The Event Insurance
When starting a personal injury claim, you may have the option to have after-the-event insurance (ATE). This type of insurance policy provides protection against claimants being required to pay certain costs that might arise from pursuing compensation.
If you take out ATE, the expense of the policy will be deducted from your compensation. Your solicitor will discuss ATE with you and help identify a policy that works best for you.
Medical Expert Fees
Independent medical assessments can be valuable evidence when establishing the severity of an injury and its long-term impact on a claimant. If you work with one of our solicitors, they will be able to arrange for the assessment on your behalf.
These medical expert fees can be considered a disbursement, meaning that they are paid out by your legal representative on your behalf. If your claim were to win in such circumstances, then the expense of the assessment may be recovered from the defendant.
Under a No Win No Fee agreement, you are generally not liable to pay out-of-pocket for the medical assessment if you don’t win compensation.
Split Liability Deductions
If you are deemed to be partly responsible for your accident or injury, then your compensation may be subject to split liability deductions.
In split liability claims, both the claimant and the defendant are at fault for an accident. Therefore, compensation is calculated based on your percentage of liability. That means that if you are 25% responsible for an accident, then you will be awarded 75% of the compensation you would otherwise have received.
Claims can also be settled on the basis of contributory negligence. This happens if you are partly responsible for your injuries. Compensation payouts follow the same approach as split liability claims.
If you have any questions regarding this part of the claims process, please get in touch with our team of advisors.
Get Help From No Win No Fee Solicitors Co
At No Win No Fee Solicitors Co, we take a client-centred approach to helping people just like you pursue the compensation they deserve. Our solicitors are specialists in personal injury claims and know exactly what it takes to secure compensation for their clients. They have extensive legal training and have won over £80 million in compensation for people across the country.
Here’s how one of our solicitors can use their expertise and years of experience to support your personal injury compensation claim:
- Providing straightforward explanations of legal terms
- Answering questions such as, ‘How is personal injury compensation calculated?’
- Handling all documentation and communications so you can stay focused on your recovery
- Helping obtain evidence like witness statements on your behalf
- Setting you up with specialist appointments, such as counselling or physiotherapy
- Negotiating with third parties to secure a fair compensation for you
Our solicitors take pride in providing a service that always meets the individual needs of their clients. Their tireless dedication has ensured our clients are always supported throughout the claims process, and they can help you next.
Contact Us To Begin Your Personal Injury Compensation Claim
If you are ready to start your personal injury claim or would like further guidance on the process, please get in touch with our advisors by:
- Visiting our contact page
- Calling them on 0333 091 8598
- Messaging them on our live chat
Learn More
If you would like to learn more about personal injury claims, you can access further information by clicking the following links:
- Information on fatal accident claims
- Learn about slip, trip and fall claims
- Read about whiplash compensation
References:
- Information on the role of a litigation friend, GOV.UK
- Learn more about compensation after an injury, GOV.UK
- Find an urgent care facility using the NHS
We appreciate you taking the time to read this guide, which answers the question, ‘How is personal injury compensation calculated?’
