One of the first questions clients often ask us is how much their claim is worth. Unfortunately, it is not usually possible to give an accurate estimate at the start of a claim, particularly if you have not yet fully recovered. The valuation of a claim depends on several factors and is normally based on medical evidence which will be obtained at a later stage.
It is important to note that it is the severity of the injury, rather than the severity of the accident, which affects how much compensation you will receive.
Compensation for personal injuries is split into two categories: General Damages and Special Damages.
General Damages
General Damages reflect the pain, suffering and loss of amenity you have suffered because of your accident. They are tailored to each person and reflect how your injuries have affected you personally, particularly in relation to your work, lifestyle, and hobbies.
General Damages are calculated using the Judicial College Guidelines, which gives helpful guidance as to the amounts which should be awarded for different types of injuries. The Guidelines suggest a range of awards depending on how serious an injury was, and how long it lasted for. For example, under the Guidelines, the valuation for minor hand, finger, and thumb injuries (including fractures) which have mostly recovered within six months, would usually be worth up to £4,461. At the other end of the scale, a very serious injury, which means the hand can no longer be used, would be worth around £90,250 to £102,890.
When valuing a claim, we also look at previous cases to see how much Judges have awarded for similar injuries. This allows us to estimate as accurately as possible how much your claim is likely to be worth.
If the parties in a claim cannot agree a settlement and the claim goes to Trial, a Judge will decide how much the claim is worth. Unfortunately, as the compensation levels are not completely fixed, some Judges may award higher sums than others.
Special Damages
Special Damages are the amounts that you have lost or will incur in the future which can be linked to your accident. These includes things like a loss of earnings, travel expenses, prescription charges, damaged clothing and belongings, missed or cancelled events, care and assistance, unused gym memberships, ruined holidays, the cost of private medical treatment and therapy, reduced pension payments, loss of use of a vehicle, car hire charges and insurance excesses.
Loss of Earnings
When your injuries have affected your ability to work, this is often your largest financial loss. If you have had time off work or reduced your hours, we will request pay slips from your employer from 13 weeks before the accident until the point you returned to work. We will then compare your average pre-accident earnings with what you earned during whilst your earnings were reduced.
If you are self-employed, we will do a similar comparison using your accounts and tax returns. Calculating lost earnings for the self-employed is more difficult, so the more evidence you can provide, the better.
If your injuries are still affecting your earnings when your claim is settled, there will be a future loss of earnings claim. If this is permanent, your loss of earnings would be calculated up to retirement.
Calculating a future loss of earnings is a complex thing, and lots of evidence and complex information is required to prove it.
Care and Assistance
If you have had extra help from anyone for things you would normally have done for yourself this is something we can value and add to the claim. It can include tasks such as shopping, cooking, cleaning, personal care, gardening, or DIY and can be provided by paid carers/tradespeople or by family and relatives.
The best way to maximise your damages is to instruct an experienced personal injury solicitor who will investigate any potential losses you may have suffered. It is also important to keep evidence of your losses and keep a diary of the losses as they accumulate.
If you have suffered an accident and would like some advice, please call our expert team of lawyers on 0114 218 4000 or email info@tayloremmet.co.uk.
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