How Are Compensation Payouts Calculated?

By Cat Mulligan. Last Updated 8th September 2023. In this guide, we will discuss compensation payouts in personal injury claims. If you suffer an injury due to a relevant third party breaching their duty of care, you may be due compensation. In this guide, we’ll discuss how compensation is calculated and what you could claim compensation for. Generally, compensation can be split into two heads; we’ll discuss these heads and what each could cover. We will also discuss how the Judicial College Guidelines (JCG) could help legal professionals with valuing your claim.

While we can’t offer a list of compensation payouts for the UK in 2023, we can offer some of the guideline amounts shown in the 2022 edition of the JCG, which is the latest release. We’ll also explore how a No Win No Fee solicitor could give you more information on your potential compensation payout and guide you through the personal injury claim process.

Read on to learn more about compensation in personal injury claims, or contact one of our advisors to get started:

Compensation payout amounts being calculated

Compensation payout amounts being calculated

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How Is Compensation Calculated?

You might be eligible to claim compensation if you were injured due to negligence. However, you may be wondering, ‘how is compensation calculated?’. The personal injury claim payout you might receive is determined by a number of factors:

  • The severity of your injury
  • The impact of the injury on your life in the long term
  • How long it takes you to heal or if you are likely to heal at all
  • If you are left unable to work

Additionally, solicitors are guided by a list of compensation payouts from the Judicial College when valuing claims. However, the personal injury claim payout you might receive may not match the amounts shown in this publication as it is only a guide.

Using legal assistance may be beneficial to support you and help you gather the evidence you may need for your claim. Our panel of solicitors have years of experience in personal injury claims and are able to help you pursue a personal injury claim payout.

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, if your personal injury claim is successful, then the amount you receive will not be affected by the kind of claim you make. This is because in most cases compensation amounts are awarded on a case by case basis, with the individual circumstances of each case being taken into account.

However, there are some exceptions to this in the form of criminal and whiplash injuries. Criminal injury claims are made through the Criminal Injuries Compensation Authority (CICA), which has its own tariff. Payments are made in line with these tariffs.

Similarly, since May 31st 2021, drivers or passengers aged over 18 with injuries valued at £5,000 or under receive compensation in line with the tariffs set out by the Whiplash Injury Regulations 2021. In most of these cases, the government’s Official Injury Claim Portal will handle your compensation claim. Amounts can still vary, so it can be beneficial to work with a solicitor to ensure that all aspects of your claim are considered.

Contact our team to find out if either of these tariffs will affect your claim.

Compensation Payout Guide – How Long Do I Have To Claim?

The time limit for making a personal injury claim is set out by the Limitation Act 1980. This legislation states that you will have three years from the date of your accident to start your claim. Generally, no compensation amounts are paid out to those who attempt to claim outside the time limit that is relevant to them.

However, there are some exceptions to the limit mentioned above. For example, the time limit is frozen for those under the age of eighteen, and they cannot claim for themselves until their eighteenth birthday. While the time limit is frozen, a litigation friend can make a claim for them.

The time limit is also suspended for those who lack the mental capacity to claim for themselves. In these cases, it will only be reinstated if they regain the needed capacity. Otherwise, their claim can be made by a litigation friend.

For more information on time limits and compensation calculation in personal injury claims, keep reading our compensation payout guide. Or, contact our team of advisors to find out if you could be eligible to 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 CostsIf 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.

If you’d like to know what factors could affect your compensation payout amount, please contact our team today.

Compensation Payouts For Personal Injury Claims

You may want more information about how compensation is calculated in personal injury claims. There are two heads of claim your compensation will be calculated under if you are successful. General damages compensation relates to the pain, suffering and loss of amenity caused by the injury.

You may be invited for an independent medical assessment to accurately evaluate this figure. A medical professional will examine your injuries, whether they be physical or psychological, and assess aspects such as:

  • Your prognosis
  • The extent of your injury
  • To what degree the injury has negatively impacted your life

They will then create a medical report. This can be used as a crucial piece of evidence. If you choose to use our services, a solicitor from our panel will arrange for this assessment to be performed as close to you as possible.

To give you a better idea of your potential compensation, compensation brackets from the Judicial College Guidelines (JCG) can be seen below. Solicitors and lawyers use these guidelines to provide clients with guidance about how much their injury could be worth. However, please remember that these figures are not guaranteed.

Every claim is different, meaning that the compensation you receive could differ from what is shown below. The figures have been taken from the 2022 guidelines which is the most up-to-date publication.

Type of Claim Severity Settlement Range Additional Comments
Leg Amputation (iii) £104,830 to £137,470 This compensation bracket is for above the knee amputations of a single leg.
Chest Injuries (c) £31,310 to £54,830 Injuries that damage the lungs and chest and where there is some continuing disability.
Facial Disfigurement Less Severe Scarring (b) £17,960 to £48,420 For injuries where substantial facial scarring occurs and where it causes a significant reaction psychologically.
Other Arm Injuries Less Severe (c) £19,200 to £39,170 These injuries cause serious disabilities but there will already have been a substantial recovery level.
Jaw Fracture (ii) £17,960 to £30,490 Jaw fractures with permanent consequences including eating problems.
Knee Injuries Moderate b(i) £14,840 to £26,190 Torn cartilage, dislocation, minor instability, weakness may all fall under this bracket,
Psychiatric Injury Moderate £5,860 to £19,070 The claimant will struggle significantly with work and relationships. But there will be a good prognosis.
Post Traumatic Stress Disorder Less Severe (d) £3,950 to £8,180 While the claimant will have suffered a lot, they should make a recovery within 24 months.

If you would like to know more about potential compensation amounts or would like an estimate for your injury, please contact us for a free legal consultation using the details above.

Can I Claim Compensation Payouts On A No Win No Fee Basis?

Personal injury claims could be supported by No Win No Fee solicitors. If you decide to hire a solicitor to support your claim, their services could be provided under the terms of a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee arrangement.

When using the support of No Win No Fee solicitors for personal injury claims, you usually won’t be asked to pay an upfront solicitor’s fee or cover any ongoing costs.

If a personal injury claim is successful, a success fee is taken from the compensation payouts. This is taken directly from the compensation claim amounts awarded. The law caps what can be taken from compensation amounts.

However, when No Win No Fee solicitors fail to secure compensation payouts, claimants are usually not expected to pay for their solicitor’s services.

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:

Thanks for reading this article on how compensation payout amounts are calculated.

Article by RA

Publisher EC.