What is a Personal Injury Claim Worth?

General Damages

Also known as non- pecuniary losses, this includes damages for pain, suffering, loss of amenity, loss of employment, loss of use and loss of enjoyment. Awards for pain, suffering and loss of amenity are usually made within the relevant brackets of The Judicial College Guidelines. For example, if you obtain a scar as a result of your injury, the Judicial College Guidelines will apply as below:

• For a number of noticeable laceration scars, or a single disfiguring scar, of leg(s) or arm(s) or hand(s) or back or chest fall, this will be in the bracket of £9,560 to £27,740. 
• Where an exploratory laparotomy has been performed but no significant internal injury has been found, the award reflects the operation and the inevitable scar, likely to be in the region of £10,550               
• A single noticeable scar, or several superficial scars, of leg(s) or arm(s) or hand(s), with some minor cosmetic deficit falls within the bracket of £2,890 to £9,560        
• Facial Injuries, serious burn injuries, where significant burns cover 40% or more of the body, awards are likely to exceed £127,930.

If you are unable to undertake your work as a result of your injury, depending on the level of skill involved, the Court may award compensation for loss of earnings.

The Court will also take into account any pre-existing medical conditions and whether the incident has exacerbated that condition.  Depending on the circumstances, this has the potential to reduce the value of your damages.

Special Damages

Also known as past pecuniary loss, this includes past loss of earning. If you are employed at the time of the incident, this claim will include the earnings you lost as a result of being away from work. However, if you received sick pay, you might have to pay this back from any damages received.

Under these damages, you can also claim for any care and assistance provided as a result of the injury and also the costs of any treatment, such as physiotherapy or medication.

Where you have had to travel to medical appointments and treatment sessions, you can also recover the costs of travelling.  If you used a taxi as a result of your injury, it would be important to keep receipts.

“If you have a personal injury claim and you would like advice, please contact our offices and we will do our best to assist you”.

Janeet Jawanda

Solicitor