When you file a personal injury claim, one of the most important things a claimant wants to know is how much compensation can I claim. To get a good idea it helps to know how the compensation is calculated. This is not always straightforward, especially if you’re suffering from the ensuing physical, emotional, and financial turmoil a personal injury can cause.
However, we’ve provided various examples below of what some claims may be worth. It’s important to keep in mind that each claim is unique, and the amount you might be entitled to can vary significantly based on the specifics of your case. Therefore we’d suggest contacting us to discuss your injury in confidence with a personal injury solicitor or expert advisor on our team for a more precise assessment.
How A Personal Injury Claim Is Calculated
Determining the amount of compensation in a personal injury claim involves a nuanced understanding of both the law and the specific circ*mstances surrounding each individual case. The primary aim is to financially compensate the claimant for the losses they have incurred as a direct result of their injury. To achieve this, compensation is broadly categorised into two distinct types: general damages and special damages. Each category serves a specific purpose in ensuring that all aspects of the claimant’s losses are addressed.
- General Damages. These damages compensate for the pain, suffering, and loss of amenity experienced by the claimant. The severity of the injury largely dictates the amount, with more serious injury claims warranting higher compensation. For example, soft tissue damage would not receive the same level of compensation as severe brain damage. General damages include compensation for both physical pain and psychological trauma.
- Special Damages. These are calculated based on the actual financial losses the claimant has suffered up to the date of the settlement or trial, and any future losses they might incur. This can include:
- Medical expenses and rehabilitation costs.
- Loss of earnings and future earning capacity.
- Costs for modifications to the home or vehicle if needed.
- Any other expenses directly related to the injury, such as travel costs to medical appointments.
A key factor when calculating a personal injury compensation claim is the collection and presentation of evidence. Medical reports, witness statements, financial records, and expert testimonies play important roles in substantiating the claim. This evidence not only supports the existence and extent of the injuries but also links them directly to the incident in question, establishing causality.
Factors Influencing Compensation Amounts
When calculating compensation for a personal injury claim, several factors come into play that can significantly influence the final amount awarded. Understanding these factors can help claimants grasp the complexity of calculating a personal injury claim and appreciate why different cases might result in different compensation levels. Here are some of those key factors:
The Type & Severity Of The Injury
The extent of the physical and psychological injuries sustained is the primary determinant of compensation amounts. More severe injuries generally lead to higher compensation because they typically require more extensive medical treatment, and a longer recovery period, and result in greater pain and suffering. The long-term or permanent nature of an injury can also escalate compensation due to ongoing disability or discomfort.
Psychological & Emotional Impact
Not all injuries are physical. Psychological trauma, such as anxiety after a car accident, depression, or post-traumatic stress disorder (PTSD), can also be considered when calculating compensation. The severity of the psychological injury and its effect on an individual’s daily life and ability to function can significantly affect compensation amounts.
Loss Of Earnings & Future Earnings
Compensation often includes an element for lost earnings if the injury has prevented the claimant from working. This can cover past lost earnings as well as future losses if the injury results in a reduced ability to earn. Calculations for future losses take into account the claimant’s age, career prospects, and whether the injury may lead to premature retirement.
Medical Expenses & Future Care Needs
Immediate and ongoing medical expenses directly due to the injury can be reimbursed as part of a personal injury claim. This includes the cost of treatment, medication, and rehabilitation. For severe injuries, future medical care needs, such as ongoing treatments, surgeries, or therapy, may also be estimated and included in the compensation calculation.
Out-of-Pocket Expenses
These are additional costs incurred by the claimant directly related to the injury. It may include travel expenses to medical appointments, costs of home or vehicle modifications to accommodate the injury and other incidentals that are necessary due to the injury.
The Need For Specialised Care
In cases of severe disability, compensation may include the cost of professional care or assistance. This factor is particularly significant if the injury leads to a long-term or permanent need for support in daily life.
How Much Personal Injury Compensation Can I Claim?
The following are examples of personal injury compensation amounts based on the guidelines advised by the Judicial College. For expert advice on calculating what the true value of your claim could be worth, please contact a personal injury solicitor on our team today.
Compensation amounts for head injuries
Any injury to the head is a major concern, especially as it also puts the brain at high risk of injury. A person suffering from a minor head injury and minimal (if any) injury to the brain may be eligible to claim compensation in the region of about £2,500 to £15,500. However, major damage to the head and brain can result in compensation up to around £490,000.
Compensation amounts for a psychological injury
The amount of compensation for a psychological injury that could be claimed will depend on the degree of “harm”. If the psychiatric harm is deemed to be temporary and the prognosis is that everything will return to near normal relatively soon, a typical claim of an amount between £1,800 and £7,000 isn’t unusual.
For mental harm and psychological injuries that are more severe or permanent, the compensation can approach up to £140,000.
Compensation amounts for injury to the upper body
Minor wounds to the upper body area (which includes the neck and the shoulders) can warrant compensation in the region of £3,000 to £9,500. More serious injuries may result in successful claims in the region of £10,000 to £180,000.
Compensation amounts for a back injury
Back injuries can be extremely painful and debilitating. Moreover, there is a high risk of spinal damage when the back is injured. This could result in severe mobility restrictions or in extreme circ*mstances, paralysis. Compensation for back injuries could reach as high as £195,000.
Compensation amounts for injuries to the arms, hands or wrists
The tricky part with injuries to the arms, hands or wrists is that it can be difficult to calculate the potential loss that can be suffered by the person after being injured in these areas. It is not uncommon for less severe injuries to fetch in the region of £4,000 – £6,000, meanwhile, an injury that leads to a permanent form of disability and substantial disablement could lead to compensation in the region of £39,000 – £130,000.
Compensation amounts for lower-body injury
The lower body area will include any kind of injury to the ankles, the knees, the hips and the legs. As with most other cases, the seriousness of the injury will help to determine the amount of compensation that can be claimed by the injured party.
Claims for less serious injuries that have a good chance of recovery can reach between £4,000 and £16,000. More serious injuries that lead to a permanent disability, loss of use or constant pain could potentially reach up to £165,000.
*The figures listed above represent general damages and should be used only as a guide since each personal injury claim is unique. Remember, compensation for special damages may also be considered and can significantly alter the final compensation amount.
Advice On Calculating A Personal Injury Claim
Dealing with a personal injury claim can be a daunting and complex process, but understanding the basics of how compensation is calculated and what factors can affect the settlement can make it more manageable. However, we’d generally advise seeking advice from a personal injury solicitor who can provide you with a personalised assessment of your case, taking into account all the nuances that might affect the outcome of your claim.
If you would like to discuss calculating a personal injury claim you contact our specialist advisors today on 0800 6524 881 for a free consultation.
