How is a personal injury claim valued?
If you're looking to make a personal injury claim because you've been involved in an accident that wasn't your fault then you may be keen to know from the outset how much compensation you're likely to receive.
We're afraid to say that in most cases it's unlikely you'll be provided with an accurate estimate of compensation at the very start of the claim, particularly if you're experiencing symptoms which are ongoing and you have not yet fully recovered from the injury. Valuations are typically based on medical evidence which can be obtained at a later stage during the claim.
During the valuation stage two different types of awards of damages can be made - these are known as general damages and special damages.
What are general damages?
General damages relate to compensation that is claimed for the injuries that are suffered as a result of the accident. The Judicial College Guidelines are used to calculate the amounts that should be awarded for specifics types of injuries. These are further split into higher and lower calculations, depending on the severity and duration of the injury or injuries that you have sustained. If symptoms are permanent or if you recovered within 3 months of the accident, the guidelines will suggest what the value of your injury should be. Records of previous cases in which judges have made awards for similar cases may also be used.
You may be provided with some estimate valuations for your injury, ranging from a lower amount to a higher amount, with the actual amount achieved often dependent on the generosity of a particular judge at Court. This would at least go some way to help you better understand what figures your claim might be worth.
It's important to note that we would be hoping to win an award of damages towards the higher estimate or perhaps even beyond, but would still advise that you seriously consider any offers that are made towards the lower estimate as we solicitors can't guarantee that you would be awarded more than that at Court.
What are special damages?
When it comes to special damages, these are compensation claims that relate to any financial losses that you suffer as a result of the accident. This includes financial losses that are both past and future losses, such as a loss of income from not being able to carry out or attend your work, travelling expenses, medical costs including prescription charges, damaged items of clothing, events that you have had to cancel or miss, care and assistance that is or was required by friends and relatives, unused gym membership, insurance excesses and many more.
In most cases, the largest financial loss that a personal injury claimant faces is loss of earnings.
If the injuries that are suffered are permanently disabling, then future losses such as earnings, pension loss, costs of future paid care and accommodation tend to form the largest part of the claim value.
It's vital to keep detailed records of all losses from the date the injury occurred right through until the final settlement so that you can be sure nothing is missed. Any mileage that relates to treating your injury such as trips to a specialist, hours of unpaid assistance from friends and family, receipts for items or medication that relate to your injury or suffering, parking tickets from hospital appointments or taxi and bus fares – these special damages are not exhaustive and all may count towards financial losses encountered due to the result of your injury from the accident.
Have you suffered from an accident? If so, you may be interested in finding out what you may be entitled to in terms of making a personal injury compensation claim. For our expert advice about any of the legal services that we offer, don't hesitate to contact our team of solicitors here at Fonseca Law. You can call us on 01495 303124, e-mail enquiries@fonsecalaw.co.uk or simply fill in our online contact form.