Being involved in an accident caused because there was a breach in the duty of care owed to you could allow you to make a personal injury claim if you have suffered an injury as a result. Compensation settlements in personal injury claims are designed to cover any pain and suffering you’ve endured. What’s more, they can cover any costs you’ve suffered as a result of the injury as well. For more serious injuries, the compensation could also help with the cost of dealing with long-term injuries or disabilities too. For example, you could claim for lost wages if your injuries prevent you from working for a while or mean you have to change your role. In this guide, we’ll explain how compensation payouts are calculated. We’ll also consider when you might be eligible to seek damages and how much compensation you could receive.
Our team can help you if you are thinking of claiming. They provide free legal advice and a no-obligation review of your case. If it appears that your claim is strong enough we could appoint a personal injury solicitor from our panel to it. They will make the claims process less stressful if they accept your claim. That’s because they will provide a No Win No Fee service. As a result, solicitor’s fees are only payable if your case is won, and compensation is paid.
Our advisors are available on 0800 408 7825 if you’d like your case to be reviewed right away. Alternatively, please read on if you’d like to learn more about compensation payout amounts.
Select A Section
- How Are Compensation Payout Amounts Calculated?
- What Are General And Special Damages?
- Does The Type Of Accident Affect Your Compensation Payout Amount?
- Could Anything Be Deducted From My Payout Amount?
- Could Anything Be Added To Your Compensation Payout?
- Calculating Compensation Payout Amounts
- Contact Us To Calculate Your Compensation Payout Amount
- Read More Claims Guides
How Are Compensation Payout Amounts Calculated?
In order to be eligible to make a claim for compensation, you must be able to satisfy specific criteria. To hold a valid claim your injury must be avoidable, caused because there was a breach in the duty of care that was owed to you.
When you suffer an injury and claim compensation for it, you don’t just come up with an amount of compensation you want to be paid. Firstly it must be established whether those you hold responsible for your injury are liable. Secondly, several factors are considered before a settlement is reached by the parties involved. Some of the factors claims are based on include:
- How much pain you’ve endured.
- Whether your injuries will affect you in the long term.
- Was there any psychological damage?
- Did you suffer multiple injuries?
- Will your ability to work be affected in the future?
- Have any of your hobbies been affected by your injuries?
These factors, and others, will all need to be considered before any compensation payment is agreed upon. This is important because once you’ve settled, you cannot request further compensation. Therefore, we believe it is a good idea to have a legal professional on your side during any claim. If you work with a solicitor from our panel, they’ll consider all aspects of your claim before submitting it to try and secure the maximum level of compensation for you.
As well as looking at your injuries, claims might focus on medical treatment and rehabilitation too.
While not all claims are the same, the information we’ll supply in this guide could be applied to claims for workplace accidents, car crashes, medical negligence, holiday accidents, public place accidents and many more besides.
What Are General And Special Damages?
When calculating compensation payout amounts, solicitors use two different Heads of Loss. These are:
- General damages. This element aims to compensate you for any pain, suffering or loss of amenity. To determine the severity of your injuries, you’ll require a medical assessment during your claim. Loss of amenity is where a financial value is placed onto something you enjoy doing but can’t participate in because of your injuries.
- Special damages. In this element, any expenses, losses or costs could be claimed back. As an example, if you pay for fuel or parking linked to hospital visits, this cost could be added to the value of your claim.
Does The Type Of Accident Affect Your Compensation Payout Amount?
Generally, whether you broke your arm following a fall or whether you broke it in a road traffic accident (RTA), you’d be paid the same level of compensation. To point to a case when it might be different is if you are claiming through Criminal Injuries Compensation Authority CICA. This is an executive agency of the UK Government that provides compensation to those who have been harmed during a violent crime when there is no other way compensation can be paid.
The CICA have their own tariff. In personal injury claims when calculating a value for the suffering caused to a claimant, legal professionals and insurers will very often use the Judicial College guidelines to help value injuries. When claiming through the CICA they will use their own tariff.
When calculating compensation payment amounts, your solicitor will consider any psychological injuries highlighted by your medical assessment in the same way as any physical injuries. Therefore, if an RTA causes you to suffer from anxiety while driving, this could be factored into your claim.
Could Anything Be Deducted From My Payout Amount?
Let’s look at what might be deducted from any compensation you receive when making a personal injury claim. They include:
- Success fees. When using a No Win No Fee solicitor, you won’t pay them any fees if your claim is lost. However, if they win your claim, they can charge a success fee. This is capped at 25% of your compensation under Conditional Fee Agreements.
- Insurance premiums. Many personal injury solicitors will require you to have After The Event (ATE) insurance. The insurance policy should mean you don’t have to pay any costs out of your own pocket. This type of insurance will be arranged by your solicitor.
- Split liability deductions. There are times when you might be found to be partly to blame for the accident. If your solicitor agrees that you were 25% to blame, for instance, then your compensation payment would be reduced accordingly.
- Potential Costs – If you are pursuing your claim alone you may find that you may need to pay for medical expert reports, police reports and any administration reports.
Also if you are in receipt of state benefits receiving compensation may affect your payments please refer to the.Gov site for more information.
If you decide to work with a solicitor from our panel, their service will be funded by a Conditional Fee Agreement (CFA). This will clearly explain any deductions that might be made. Generally, personal injury solicitors charge the full 25% success fee when using a CFA. However, our panel are sometimes able to reduce this percentage.
Could Anything Be Added To Your Compensation Payout?
So is there anything that could be added to compensation payment amounts? Well, yes and they include:
- Future Losses – When you make a successful personal injury claim you can be awarded two heads of claim. These are general damages and special damages. General damages look to compensate for the pain and suffering caused by the injury. However, they also include any future pain and suffering that could be caused. Special damages look at reimbursing for any expenses and losses incurred. However, they also include predicted losses and expenses you may face in the future.
- Settlements in multiple injury cases. Where your claim is based on multiple injuries, your compensation could be increased to reflect the additional suffering you’ve endured.
Calculating Compensation Payout Amounts
It is now time to review what compensation payout amounts might be paid for your injuries. To help with this, we have added a compensation table. It is based on figures listed in the Judicial College guidelines (JCG). This is something that solicitors and insurers use when finalising compensation claims. The table looks specifically at general damages. Special damages are not included.
|Type of Claim||Severity||Settlement Range||Additional Comments|
|Psychiatric Injury||Moderate||£5,500 - £17,900||The claimant will struggle significantly with work and relationships. But there will be a good prognosis.|
|Post Traumatic Stress Disorder||Less Severe (d)||£3,710 - £7,680||While the claimant will have suffered a lot, they should make a recovery within 24 months.|
|Jaw||Fracture (ii)||£16,860 - £28,610||Jaw fractures with permanent consequences including eating problems.|
|Facial Disfigurement||Scarring (b)||£16,860 - £45,440||For injuries where substantial facial scarring occurs and where it causes a significant reaction psychologically.|
|Chest Injuries||(c)||£29,380 - £51,460||Injuries that damage the lungs and chest and where there is some continuing disability.|
|Other Arm Injuries||Less Severe (c)||£18,020 - £36,770||These injuries cause serious disabilities but there will already have been a substantial recovery level.|
|Knee Injuries||Moderate b(i)||£13,920 to £24,580||Torn cartilage, dislocation, minor instability, weakness may all fall under this bracket,|
|Leg||Amputation (iii)||£98,380 - £129,010||This compensation bracket is for above the knee amputations of a single leg.|
You needn’t worry if your injury isn’t listed as our table is just a sample of those included in the JCG. As you can see, the amount of compensation awarded for the general damages part of your claim is largely based on the severity of your injuries. Therefore, as mentioned earlier, your solicitor will arrange a medical assessment. This will be held as locally as possible. During your appointment, a medical specialist will discuss how you have been affected by your injuries and examine you. Their report will include a list of injuries and provide a medical prognosis.
Contact Us To Calculate Your Compensation Payout Amount
We hope that this article has explained how compensation payout amounts are determined. Also, we hope you’d like us to check if your case might be taken on. If that’s the case, you can:
- Call our team for free legal advice on 0800 408 7825.
- Use our online form to arrange a call back when it’s convenient.
- Connect to live chat and speak with an online advisor.
Read More Claims Guides
This is the final part of our guide about compensation payment amounts. To support you further, we’ve linked to some additional information that might prove useful.
NHS England – This site contains lots of useful health advice and guidance on when to seek treatment.
Whiplash Reforms – Government advice on claiming for whiplash when compensation payout amounts are less than £5,000.
Solicitor Standards – The regulations and standards expected of law firms by the Solicitors Regulation Authority.
Passenger Injury Claims – Advice for passengers who’ve been injured in a car accident.
Cycling Accident Claims – This guide looks at claiming if you’ve been knocked off of your bike.
Council Trips And Slips – Free advice on when you could claim if you fall because of council negligence.
We also have some other guides you may find useful:
- Public accident claims hot spots
- Council slip and trip accidents
- Public transport accidents
- How to make a public liability claim
- Making a claim against the council
- Claiming for a pothole injury
- Making a claim against a shop
- Accidents in a public park
- Cycling accident claims
- Claiming for injuries suffered while shopping
Thanks for reading this article on how compensation payout amounts are calculated.
Article by RA