How Are Personal Injury Claims Payouts Calculated?

In this guide, we’ll look at how personal injury claims payouts are calculated. When you make a claim for personal injury compensation, the amount of compensation you receive will be worked out based on a number of different factors that are unique to your circumstances. 

Personal injury claims payouts guide

Personal injury claims payouts guide

However, you may be wondering how your compensation award could be calculated. This guide will explain the process of valuing personal injury claims. We’ll also look at the different “heads” of claim that can make up a personal injury settlement.

If you have any questions about making a personal injury claim, please contact our advisors at a time that works for you. They’re available 24/7, offer free legal advice and can tell you quickly and easily if you’re eligible to claim. Additionally, they can put you through to a personal injury solicitor from our panel who could work on your claim on a No Win No Fee basis. 

You can contact our team using the details below:

  • Call us now on 0800 408 7825
  • Contact us through our website
  • Write to us using the Live Chat window on your screen.

Alternatively, please read on to learn more about the amount of compensation you could receive from a claim. 

Select A Section

  1. How Are Personal Injury Claims Payouts Calculated?
  2. What Are General Damages In Personal Injury Claims?
  3. What Are Special Damages In Personal Injury Claims?
  4. Calculating Personal Injury Claims Payouts For Multiple Injuries
  5. Additions And Deductions
  6. Average Personal Injury Claims Payouts
  7. Starting A No Win No Fee Personal Injury Claim
  8. Learn More

How Are Personal Injury Claims Payouts Calculated?

There are many different factors that can determine how much personal injury claims payouts are valued. Firstly, it’s important to establish whether you have grounds to claim at all.

In order to make a valid claim, you need to prove that your injury was caused by third-party negligence. Therefore, we’ll begin by explaining to you what this is. 

There are three things you need to prove to claim compensation successfully. They are:

  1. That a third party had a duty of care towards you. 
  2. That they breached this duty. 
  3. Lastly, that this breach directly led to your injury. 

Certain third parties have a legal obligation in the form of a duty of care, meaning that they have a responsibility to ensure your safety. If they breach this and you’re harmed as a result, you may be able to claim. For example, you’re owed a duty of care at work, on the road and whilst in public spaces. 

To learn more about whether you’re eligible to claim, please contact our advisors for free legal advice. They have years of experience and can tell if you can claim in just one phone call. Contact them 24/7 using the details above. 

What Are General Damages In Personal Injury Claims? 

There are two potential heads of claim for any personal injury claim. General damages relate to the physical pain and psychological damage caused by the injury, as well as the general decline in your quality of life. The seriousness of your injury is taken into account, as are any ongoing effects and the length of recovery time. 

Furthermore, you’ll be invited to an independent medical assessment as part of the claims process. A medical professional will examine and analyse your injuries, and their prognosis will be detailed in a report. The report from this meeting will be used to assess the value of your claim. 

What Are Special Damages In Personal Injury Claims? 

The second potential head of claim is special damages. Depending on the type of claim and the value of the losses, this can greatly affect personal injury claims payouts.

Special damages compensation is for the financial losses you’ve suffered due to the injury. You need to prove the value of the losses, which means supplying financial evidence such as receipts, invoices and bank statements. 

The losses and expenses you may be able to claim include:

  • Loss of earnings
  • Loss of future earnings
  • Travel expenses
  • Private healthcare costs
  • Costs of needing a nurse
  • Adjustments to your home, such as a care bed, for instance. 

However, there’s one important thing to consider: if you don’t receive general damages compensation, you won’t receive any special damages compensation. This is because, if you’re not awarded general damages, the courts have deemed that the third party in question wasn’t liable for your injuries. 

Calculating Personal Injury Claims Payouts For Multiple Injuries

As previously mentioned, you don’t need to make multiple personal injury claims if you’ve suffered multiple injuries from the same incident. Personal injury claims payouts are determined once all of the injuries from the accident are assessed and valued. 

For example, if you’ve suffered the loss of sight in an eye due to your employer having faulty work equipment, the potential compensation payout would accommodate for both the physical loss of the eye as well as the psychological effects of the injury. This could include depression, anxiety and PTSD

Further on in this article, we will better indicate how much you could receive for individual injuries. For now, however, the important thing to remember is that personal injury claims payouts will only be fully determined when all of the effects of the accident have been assessed to give the total estimate for what you could receive. This is because you cannot make an additional claim further down the line if additional effects present themselves. 

Furthermore, you can get in touch with our advisors, who offer free legal advice at any time that works for you. Contact them using the details above to learn more about the potential compensation payouts that could be awarded. 

Additions And Deductions

You may be wondering, “are there any fees that affect personal injury claims payouts?”. If you choose to use a No Win No Fee personal injury solicitor from our panel, the main deduction to your compensation will be your solicitor’s success fee. 

This is the amount provided to your solicitor to cover the costs of their legal services. This highlights one of the benefits of using our panel of solicitors – you won’t need to pay for their legal fees either upfront or during the claims process. The success fee is a small, legally capped amount that your solicitor will explain before you agree to use their services. 

Additionally, you may take out After the Event (ATE) insurance. This is to cover the costs of the third party’s legal fees, which you will have to pay should your claim be unsuccessful. You would be expected to pay this because the third party has been deemed not responsible for your injuries. 

You might have your compensation reduced if you were deemed to be partly at fault for your injuries. This is called “split liability”. The reduction would be worked out according to how much you were to blame for your accident.

However, you may also have your compensation increased. For example, as we mentioned earlier, you might have experienced multiple injuries. If this is the case, the value of all the injuries will be combined to form your compensation award.

Average Personal Injury Claims Payouts

This section is designed to give you a better idea of what you could receive from a successful claim. Personal injury claims payouts depend on the severity of your injury and the effect it’s has had on your quality of life. 

Work from the Judicial College provides more insight about potential compensation amounts for specific injuries. They analyse previous general damages payouts, comparing the amount to the severity of the injury. By doing this, they’ve built compensation brackets that show what particular injuries could be worth. 

Please see the figures below from the Judicial College that better indicate the value of different injuries. Furthermore, to learn more about the amount you could receive, please contact our advisors for free legal advice. 

Injury TypeSeverityCompensation AmountDescription
EyeLoss of sight £8,550 to £19,690Injuries in this bracket cause permanent but minor impairment of vision to one or both eyes. As such, there is some form of loss of sight. This includes double vision cases or cases of permanent bright light sensitivity.
Digestive SystemSerious£15,750 to £26,050This bracket is for a serious non-penetrating injury leading to permanent complications like severe indigestion.
KidneySerious£158,970 to £197,480This bracket is for when your kidney or kidneys have suffered serious and permanent damage or the damage has resulted in their permanent loss.
NeckModerate (i) £23,460 to £36,120This bracket includes injuries like dislocations or fractures causing immediate and severe symptoms that could result in spinal fusion being required.
BackSevere (ii) £69,600 to £82,980Cases in this bracket have special features that are applicable to orthopaedic back injuries, like nerve root damage, impaired mobility or sexual difficulties.
BackModerate (ii) £11,730 to £26,050Injuries in this bracket include back injuries that are frequently encountered, such as ligament and muscle disturbances causing backache and soft tissue injuries that exacerbate a pre-existing issue.
ShoulderSerious£11,980 to £18,020Injuries in this bracket include shoulder dislocation and lower brachial plexus damage, leading to shoulder and neck pain.
Injuries to the Pelvis and HipMinorUp to £3,710This bracket is for minor soft tissue injuries that lead to a complete recovery.
KneeModerate (i) £13,920 to £24,580Injuries in this bracket include torn cartilage and dislocation causing wasting, weakness or minor instability.
Brain Damage Moderate (i-iii) £85,150 to £140,870 Cases in this bracket cause issues like an intellectual deficit of a moderate to modest degree, with the ability to work being greatly reduced and there being some form of epilepsy risk.

Starting A No Win No Fee Personal Injury Claim

The benefits of using a personal injury solicitor from our panel have been touched on above. Agreeing for your case to be worked on a No Win No Fee basis can be a more financially beneficial option, as it means you don’t have to pay for your solicitor’s legal fees unless you’re successful in your claim. 

Furthermore, another benefit includes the fact that should you claim through a Conditional Fee Agreement, there will be no hidden fees. In the event of a successful claim, a legally-capped success fee will be deducted from your compensation. However, this will be set out before the claim begins, so you’ll be aware of it. 

If you have any other questions or queries about personal injury claims payouts, our advisors will be more than happy to help. They’re available 24/7, offer free legal advice and can put you through to a personal injury solicitor from our panel who could help you receive compensation. 

  • Call us now on 0800 408 7825
  • Contact us through our website
  • Write to us using the Live Chat window on your screen.

Learn More

To learn more about the amount of compensation you could receive, please use the links below. 

If your injury has required you to use a plaster cast, please read the NHS guidance on their website to learn more about how it should be used and maintained. 

The Department for Transport provides road accidents and safety statistics for Great Britain. 

Would you like to know work-related injury statistics relating to Great Britain? If so, visit the Health and Safety Executive website to learn more. 

If you want to claim loss of earnings after a car accident, visit this page on our website. 

You can also claim if you’ve been injured in an assault. To learn more about this, please read the guidance on our website. 

Do you want to know who is liable for an accident in a public place? If so, read this article. 

Call our advisors at a time that works for you to learn more about personal injury claims payouts. 

Article by AU

Publisher ET