If you have experienced an injury in an accident at work, on the roads or in a public place because a third party breached their duty of care, you might be eligible to make a personal injury claim. This guide will explore how personal injury compensation is calculated in successful claims and the eligibility criteria that need to be met in order for you to proceed with your case.
Additionally, our guide will look at the time limits for initiating legal proceedings, and some steps you might want to take to help strengthen your case.
To close the article, we look at how a personal injury solicitor with years of experience from our panel could represent you on a No Win No Fee basis, and the terms under which they could offer their helpful services.
Please continue reading for further guidance on compensation in personal injury claims. Alternatively, if you have any questions, please contact our team of helpful advisors via the contact details below. They can offer free advice and are available 24/7.
- Call on 020 8050 2736
- Ask about your potential claim online.
- Use the live chat option below.
How To Calculate Personal Injury Compensation
Jump To A Section
- How Is Personal Injury Compensation Calculated?
- When Are You Able To Make A Personal Injury Claim?
- Tips That Can Help You In Personal Injury Claims
- What Can Be Deducted From Your Personal Injury Compensation?
- What Are The Benefits Of Claiming Compensation For A Personal Injury On A No Win No Fee Basis?
- Read More About Making Personal Injury Compensation Claims
How Is Personal Injury Compensation Calculated?
Personal injury compensation payouts awarded in successful claims can comprise up to two heads of loss. These are:
- General damages: This first head is awarded to compensate you for the pain and suffering of your injuries, physical and/or psychological. You may be asked to attend an independent medical assessment in order to get a better idea of the extent of your injuries and how they’re likely to affect you in the future. As well as helping with the valuation of your injuries, the assessment can also determine whether your injuries align with the accident.
- Special damages: This second head is awarded to reimburse any monetary losses incurred due to your injuries. For example, if you required time off work as a construction worker because you broke your leg, you could claim back any lost earnings. Other costs include medical expenses, care costs, and travel expenses. Evidence, such as receipts, payslips, and travel tickets can help prove these losses.
When valuing general damages, reference can also be made to the Judicial College Guidelines (JCG) which contains guideline compensation brackets for different injuries. You can find a selection of these figures in the table below. However, please note that the first entry is not from the JCG.
Award Guideline Amounts
The figures in the table should be used as a guide only because different factors will influence the payout you receive, including how severe your injuries are, the treatment you required, and the impact they have had on your quality of life.
| Injury | Severity Level | Compensation Brackets - Guidelines | Notes |
|---|---|---|---|
| Multiple Very Severe Injuries and Special Damages | Very Severe | Up to £1 million plus | A payout could be awarded to address the physical and mental impacts of multiple very severe injuries as well as the financial losses created as a result, such as a loss in earnings, care costs and rehabilitation expenses. |
| Head | Very Severe | £282,010 to £403,990 | Very little (or no) meaningful response to environment, no or little language function and double incontinence. Full time nursing care required. |
| Paralysis | Paraplegia | £219,070 to £284,260 | The lower part of the body is paralysed. The award given is determined by different factors, such as the person's age, life expectancy, and depression. |
| Arm | Severe | £96,160 to £130,930 | A serious brachial plexus injury which falls short of requiring amputation but still doesn't leave the person much better off than if they had lost the arm completely. |
| Simple | £6,610 to £19,200 | Forearm fractures. | |
| Knee | Severe (i) | £69,730 to £96,210 | A serious injury to the knee involving joint disruption, gross ligament damage, and considerable pain and function loss, alongside other issues. |
| Moderate (i) | £14,840 to £26,190 | Dislocation, torn cartilage, or meniscus causing minor instability, wasting, weakness or another mild future disability. | |
| Hand | Serious Damage to Both Hands | £55,820 to £84,570 | Injuries which cause permanent cosmetic disability as well as significant function loss. |
| Less Serious | £14,450 to £29,000 | Function is significantly impaired following a severe crush injury. |
For more information on how personal injury compensation is calculated, please get in touch with an advisor via the contact details provided above.
When Are You Able To Make A Personal Injury Claim?
You could be eligible to make a personal injury compensation claim if you meet the following three criteria:
- A third party owed you a duty of care.
- They breached this duty of care.
- You suffered a physical and/or psychological injury as a result.
In tort law, these three points define negligence and all three must apply to have a valid claim. You also need to start your claim within the relevant time limit. For personal injury claims, this is generally three years from the accident date as per the Limitation Act 1980. However, exceptions can apply.
Call our team to find out more about the time limit exceptions and eligibility criteria for personal injury claims. Or, read on to learn about the duty of care certain third parties owe in different scenarios.
Accidents At Work
The Health and Safety at Work etc. Act 1974 outlines the duty of care employers owe their employees. It states that reasonable and practicable steps need to be taken to prevent employees from suffering harm whilst working. A failure to do so could lead to an accident at work in which an employee sustains harm. For example:
- An employee might suffer a serious brain injury or a variety of minor injuries following a slip, trip or fall from a height after being instructed to use a faulty ladder by their employer.
Accidents In A Public Place
Those in charge of public spaces have a duty of care to take steps as a way to ensure the reasonable safety of those using the space for its intended purpose. This is set out in the Occupiers’ Liability Act 1957. If there is a failure by an occupier to uphold this duty of care, you could be injured in an accident in a public place. For example,
- You could fall down a flight of stairs due to inadequate lighting that was reported but not addressed in a reasonable time frame. As a result, you could sustain a head injury alongside a broken back and fractured leg.
Road Traffic Accidents
Road users owe a duty of care to each other to navigate the roads in a way that prevents causing damage or harm to themselves or others. In order to comply properly with this duty, they need to adhere to both the Road Traffic Act 1988 and The Highway Code. Failure to do so could result in a road traffic accident in which a road user is harmed. For example:
- An intoxicated driver may knock you over while you’re using a pedestrian crossing. As a result, you suffer paralysis and a knee injury.
Can I Claim For Multiple Injuries?
You can claim personal injury compensation for multiple injuries sustained in an accident caused by a third party breaching their duty of care. This could include physical and psychological injuries together. Alternatively, you could claim for multiple physical injuries or multiple psychological injuries.
Call our team for more information on seeking compensation for the harm you sustained in an accident.
Tips That Can Help You In Personal Injury Claims
There are several steps you could take to help ensure your personal injury compensation payout is calculated correctly. For example:
- Gather evidence. This can include pictures of your injuries and the accident, witness contact details, video footage, official reports, such as a police report, or a copy of the workplace accident book. Evidence, such as this, can help prove liability as well as show the injuries you suffered. A medical report from an independent assessment can also be used as evidence to help value your injuries and determine how much compensation you’re owed.
- Disclose all of your symptoms. You might suffer both physical and psychological injury so its important to present proof of both to get a full picture and ensure you are properly compensated for the impacts of your injuries.
- Get expert help from a solicitor. A solicitor can help you gather evidence and build your case. They can also arrange for you to attend a medical assessment so you don’t have to worry about this aspect of the claims process.
If you want help from a solicitor, you can contact our helpful team as they may be able to connect you with an expert personal injury solicitor from our panel. Find out more by calling the number above.
What Can Be Deducted From Your Personal Injury Compensation?
There may be some instances where your personal injury compensation payout is adjusted. For example:
- Success Fee Deduction – If you choose to instruct a solicitor on a No Win No Fee basis and they offer to work your claim under the terms of a Conditional Fee Agreement, you will pay a success fee to them if your claim succeeds. This is taken as a percentage which is legally capped as per the Conditional Fee Agreements Order 2013. This cap ensures you keep the majority of your compensation payout. Also, the percentage is not deducted from any future monetary expenses. You do not need a solicitor in order to make a personal injury claim.
- Split-Liability Reduction – In cases where you are partially responsible for the accident, you will make a split liability claim. The compensation you’re awarded will be reduced in accordance with how at fault you were for the accident.
- Tax – The compensation you receive for your injuries will not be taxed.
For further guidance on the different factors that could influence your personal injury compensation settlement, call our team on the number above.
What Are The Benefits Of Claiming Compensation For A Personal Injury On A No Win No Fee Basis?
Whilst you do not need to seek legal representation, if you instruct a solicitor to help you seek personal injury compensation, they could assist you with:
- Gathering evidence
- Sending correspondence on your behalf
- Ensuring your claim is started on time
- Valuing your settlement
The expert solicitors off our panel provide these services through a version of the No Win No Fee contract called a Conditional Fee Agreement (CFA). As mentioned above, the general terms of a CFA mean that if your claim succeeds, you will pay a success fee as a percentage of your compensation. However, the legal cap on this ensures you keep the most of your settlement.
Also, if your claim has an unsuccessful outcome, you won’t be required to pay this fee. Nor will you be expected to pay any upfront or ongoing fees for the work your solicitor provides.
For further guidance on how personal injury compensation is calculated, when you could be eligible to proceed with your case, and how a No Win No Fee solicitor could assist you, please get in touch via:
- Telephone on 020 8050 2736
- Our ‘claim online‘ form.
- The live chat option below.
Read More About Making Personal Injury Compensation Claims
You might find these links to our other guides relating to personal injury claims helpful:
- Read more about how to file a claim for a workplace injury caused by your employer breaching their duty of care.
- Information on car accident claim payouts and how they are calculated.
- A guide discussing frequently asked questions on claiming for accidents in a public place including when you could seek compensation.
For more external resources:
- Information on first aid from the NHS.
- Advice from the Health and Safety Executive (HSE) about preventing slips and trips in the workplace.
- Helpful road traffic accident statistics from the Department of Transport.
If you have any other questions about how personal injury compensation is calculated, please contact our team using the number above.