By Jo McKenzie. Last Updated 19th June 2023. If you’re looking to make the likes of a personal injury claim, you may want to learn more about compensation payouts and what exactly you can claim for. If so, you’ve come to the right place.
On this page and those that we link to below, you can find lots of guidance and advice on amounts that could be awarded in your case.
We also explain the specific financial costs and losses that you can recover and what evidence you need.
If you need help making a claim for compensation, or if you’d like some free advice on the potential value of your claim, then get in touch. We’re on hand 24 hours a day, 7 days per week to help you.
You can speak with us now by:
- Calling 0800 408 7825
- Writing to us about your case online
- Or by chatting with us now via our live chat box
Can I Claim Personal Injury Compensation?
To be eligible to make a claim for personal injury compensation, you will need to prove that your injuries were caused by a relevant third party breaching their duty of care towards you. Some examples of third parties who owe a duty of care include:
- An employer – All employers have a duty of care towards their employees. Per this duty, they must take reasonable and practicable steps to ensure the safety of their employees while they are working. This duty of care is set out in the Health and Safety at Work etc. Act 1974.
- A controller of a public place – Those that have control over public places are known as occupiers. Under the Occupiers’ Liability Act 1957, they have a duty of care to take necessary steps to ensure the reasonable safety of those using that public space for its intended purposes.
- Road users – Road users owe a duty of care under the Road Traffic Act 1988. Per this duty, they must use the roads in a manner that avoids causing themselves, and other road users harm. The Highway Code also contains rules and guidelines on how road users should act to prevent injury.
Should a relevant third party breach their duty of care, and this causes you to suffer an injury, you could be eligible to make a personal injury claim.
If you wish to discuss your potential claim, you can contact our advisors. They can also offer you free advice and help answer your questions.
How Long Do I Have To Claim Personal Injury Compensation?
As well as meeting the eligibility criteria above, your claim must be started within the personal injury claim time limit. Under the Limitation Act 1980, you will generally have three years from the accident date to start your claim.
There are some exceptions to this time limit. For example, the time limit is paused for child accident claims until the injured party turns 18. From their 18th birthday, they will then have three years to start a claim. However, before this date, a litigation friend could make a claim on the child’s behalf. A litigation friend is anyone who can act in the child’s best interests, for example, a solicitor, legal guardian or parent.
To learn more about the other exceptions to this three-year time limit or to see if you could be eligible to make a claim for personal injury compensation, you can contact our advisors.
How Are Compensation Payouts Calculated?
Compensation settlements for successful personal injury claims could include general and special damages.
General damages aim to compensate you for the pain and suffering you have experienced due to your injury. You will need to provide medical evidence regarding your injury to be able to claim general damages, such as a copy of your medical records.
When calculating the value of your injury, a legal professional may refer to the Judicial College Guidelines (JCG) to help them. This document lists compensation guidelines for various types of physical and psychological injuries at various severities. We have listed some of the amounts from the 16th edition of the JCG in the table below.
It is important to note that compensation is awarded on a case-by-case basis. The various factors of your claim could affect how much you receive.
|Brain/Head Injury||Moderate (ii)||Cases of a moderate to modest intellectual deficit, some risk of epilepsy with work ability reduced greatly.||£90,720 to £150,110|
|Pelvis and Hip Injury||Severe (i)||Extensive pelvis fractures with the lower back joint being dislocated and the bladder ruptured.||£78,400 to £130,930|
|Ankle Injury||Very Severe||A transmalleolar fracture in the ankle with extensive soft tissue damages that results in a deformity.||£50,060 to £69,700|
|Neck Injury||Severe (iii)||Ruptured tendons, severe soft tissue damage, dislocations or fractures that lead to a significant disability and chronic disabilities.||£45,470 to £55,990|
|Chest Injury||(c)||Some continuing disability due to the chest and lung(s) being damaged.||£31,310 to £54,830|
|Arm Injury||Less Severe||A significant degree of recovery is expected to or has taken place after suffering with substantial disabilities.||£19,200 to £39,170|
|Elbow Injury||Less Severe||Elbow's function is impaired but there is not need for major surgery and there is no significant disability.||£15,650 to £32,010|
|Leg Injury||Less Serious (i)||A fracture that makes a reasonable recovery, but the person is left with a defective gait, limp or metal implant.||£17,960 to £27,760|
|Foot Injury||Moderate||A permanent deformity due to displaced metatarsal fractures that cause continuing symptoms.||£13,740 to £24,990|
|Back Injury||Minor (i)||A full recovery or one to a nuisance level takes place within 2-5 years without the need for surgery.||£7,890 to £12,510|
What Else Can You Include In A Personal Injury Claim Payout?
As well as general damages, a personal injury claim payout may also include special damages. This compensates you for the out-of-pocket expenses and financial losses caused by your injuries.
Some examples of the losses you could be compensated for under special damages include:
- Loss of income – if you’ve had to take time off work to recover from your injuries, you may be compensated for a loss of earnings in your claim.
- Medical expenses – such as the cost of prescriptions or over-the-counter pain relief.
- Travel costs – this could include taxi or bus fares to medical appointments or work.
- Care costs – if you have required someone to care for you to help you cope with your injuries.
- The cost of home adaptations – for example, this could include the installation of a stairlift or ramp.
Providing evidence of these losses with bank statements and receipts could help support your claim for special damages.
To see if you could be eligible to make a personal injury claim, you can contact our advisors. If it seems like you have a strong case, they may connect you with a solicitor on our panel.
Can You Claim Compensation On A No Win No Fee Basis?
Working with a personal injury solicitor may be something you wish to do when you are thinking about starting a claim. They can use their expertise from dealing with similar claims t help you with your specific case.
They will have a better knowledge of compensation payouts and may be able to provide a more accurate assessment of what you could receive. A solicitor from our panel could help you through the personal injury claims process.
Furthermore, a solicitor from our panel may offer to work with you under the terms of a Conditional Fee Agreement, which is a type of No Win No Fee agreement.
When working with a solicitor on a No Win No Fee basis, you generally aren’t expected to pay them for their services if the claim is unsuccessful.
However, if your claim is successful, then your solicitor will deduct a percentage from the compensation you are awarded. This amount is referred to as a success fee, and the percentage they can take is capped by law.
To learn more about making a personal injury claim with a No Win No Fee solicitor on our panel, you can contact our advisors today.
Learn More About Claiming Compensation Payouts
Below, you can find more guides on claiming a compensation payout:
- If you’d like advice on car crash claims, head here. You can find useful information on compensation payouts and the claims process as a whole.
- If you’re interested in learning more about dental negligence payouts in the UK, head here. Here you can find out how compensation payouts are calculated and what you can include.
- If you’re looking for a nerve damage compensation calculator, this page will help. You can find more useful information on the topic, like the criteria for making a nerve damage claim and average payouts.
- This page offers guidance on potential head injury claim amounts and what evidence is needed to prove such a case. You can also find details of average compensation payouts.
- This page offers lots of useful guidance and advice on dog bite compensation claims. You can also learn about No Win No Fee agreements and how to work with our panel of personal injury solicitors.
- If you’re looking to make a claim for food poisoning and want to learn about the criteria for making such a claim, as well as potential compensation payouts, then check out this guide.
- You can find lots of helpful guidance on claiming a broken ankle compensation payout here. You can learn about how our No Win No Fee solicitors can help you and what evidence can help you prove your case.