How Is Compensation for A Personal Injury Calculated?
By Mark Ainsdale. Last Updated 4th June 2021. The claims process can often be a complex and daunting experience – especially to those with limited legal knowledge. Understandably, if a negligent party has injured you, then you may consider taking legal action. However, you may question how to calculate compensation in a personal injury claim. Throughout this guide, you will find free legal advice on how to begin a claim, how to calculate compensation in a personal injury claim, and how a solicitor could be of assistance.
One of the most commonly asked queries any personal injury lawyer receives, besides queries about the personal injury claims time limit, is how much could you claim. The simple answer is that there is no one figure that anyone can pluck out that will cover every case. You may take a look at other sites that have compensation calculator forms on there, but usually, these are not accurate to what your award will be should you choose to go ahead and lodge a claim.
To understand why this is, you should certainly look at the guide below, which talks about how much money can you sue for pain and suffering, what is included in pain and suffering, how much do you get for medical negligence, and more. We go in-depth about how these amounts are arrived at and what intricacies in your case may make a difference to your personal injury claim.
Should you prefer to talk to the team at Accident Claims to get more of an idea of how much you’d be looking at for a specific claim, calling, 0800 073 8801 would ensure you are connected to someone who can help. We at Accident Claims can connect you with a personal injury solicitor that best suits your case, whether for slips, trips and falls, road traffic accident compensation, or even medical negligence claims, but we also offer free advice with no obligation to use our service. Alternatively, why not read on to find out all you need to know about calculating pain and suffering and all the other facets of a compensation claim.
Select A Section
- A Guide to Calculating Compensation for A Personal Injury Claim
- What Are Personal Injury Claims?
- What Is Personal Injury Compensation?
- How Are Compensation Claims Calculated?
- How Do You Start A Personal Injury Claim?
- Examples of Calculating Compensation for A Personal Injury Claim
- How Much Could You Claim for An Average Personal Injury?
- Time Limits in Which to Make A Claim for An Injury
- Calculating Compensation in No Win No Fee Personal Injury Claims
- Why Make A Personal Injury Compensation Claim with Us?
- Contact Accident Claims UK Today
- Useful Links
Whether it’s accidents in a public place, in your workplace or on holiday, compensation claim amounts vary wildly between cases. Many different factors can be considered when compensation claims payouts are decided upon, and some of these factors may not have crossed your mind before. It is not only the physical trauma used as a basis for this calculation, for example. Almost every injury causes some degree of emotional stress, and in some cases, people have to learn to live their life differently after an accident that has caused severe injury.
This can cause mental health issues that can have a profound effect on a person’s life as well. So, you can see there is much to consider, and we’ve just scratched the surface. Below, you will find much more information about calculating compensation in a personal injury claim, giving you a much better idea of how to calculate compensation in a personal injury claim if you have a case.
What does a calculation of compensation for a personal injury claim consist of?
This covers general damages and special damages. So, general damages comprise the victim’s pain, suffering and temporary or permanent loss of freedom. Meanwhile, special damages include lost earnings, medical expenses, transport costs and other payments relating to their injuries.
Injury claims are complex, and the personal injury claims umbrella covers a lot of different things. In simple terms, a personal injury claim is a suit for compensation after you have suffered some form of trauma, either physical or mental, because of an accident that was not your fault and someone else was liable.
Some examples of personal injury claims include:
Accident at work personal injury claims – from slips, trips, and falls in the workplace to trapping your hand in machinery, to stress and harassments, there are several accidents and opportunities for injury in some way that your employer should be protecting you from. If they have failed to do so, you could likely find yourself looking up workplace injury compensation calculator pages to get an idea of what you could get. Or you could call us, of course!
Road traffic accident claims -You will probably already be aware of the importance of being able to see who is at fault for a road traffic accident, and when it comes to personal injury claims, how much compensation is awarded is based on the amount of fault you have borne in the accident. If you were not at fault at all, you would see higher payouts than if the accident were partially your fault.
Criminal activity personal injury claims – If you were injured in an attack or because of criminal activity that was not your fault, then you may find yourself pursuing a claim for compensation for both mental and physical symptoms. An experienced solicitor will be able to explain what kind of damages are emotional distress, which may form part of your claim as well as any physical injuries, better than any compensation claims calculator, and to get in touch with one, why not call us?
Accidents on holiday – Often, people assume that if something happens abroad, they would not claim, but this couldn’t be further from the truth. An experienced personal injury solicitor will assist with this kind of claim, allowing you to get the best help possible to claim compensation.
Accidents in public places – Slips trips and falls are common in public places, but if they have happened because of someone else’s negligence, then you may be able to claim. With these scenarios in mind, read on for further details about calculating compensation in a personal injury claim.
When most people consider compensation, they assume that it is specifically just for the injury that has been afflicted upon them. Still, there are a lot of other different types of compensation that make up the end amount. This is why a soft tissue injury compensation calculator or a psychological compensation calculator won’t often give you an accurate sum, as they do not know, so they can’t consider the costs you may have incurred and the effect that the injury has had on you. Some examples of different types are shown below:
Suffering/Pain, also known as a general damages payout – An amount for your injury and the suffering/pain you are deemed to have borne because of it. These amounts or the guidelines that govern them are set out by the Judicial Study Board and updated regularly regarding appropriate amounts that might be awarded. These are usually set out in brackets, and it will be up to the solicitor fighting on your behalf to try and push for the maximum amount you are entitled to.
Special damages – Including, but not limited to, the types of costs listed below. This kind of payment is meant to cover costs, both for now and into the future, that happen as a direct consequence of the accident and your injuries caused by it.
Costs for Medical Treatment, Prescriptions, Physiotherapies, Mobility Aids, Adaptations to the Home, etc.
Costs for Loss of earnings, both actual and into the future!
Costs for travel that is entirely due to your accident.
Costs for the care you might have needed – this payment goes to the person who has cared for you or cares for you because of your injuries.
Should you have needed to pay out other costs entirely due to the accident that has happened and your injuries, we’ll ascertain if this would be able to be claimed for. Don’t hesitate to get in touch.
How compensation claims are calculated is by a review of all the information relating to the case. Each cost should be evidenced, which is why you need to keep receipts, payslips etc., to prove these costs. However, when it comes to general damages, the medical report’s quality and the quality of the solicitor’s argument for compensation will also come into play. This is why it is prudent to get an experienced solicitor that will not settle for less than you deserve.
In some ways, when it comes to calculating compensation for a personal injury, this is why no win no fee claims are so good – your solicitor gets paid more the more you get awarded, so you’ll know they’re fighting for the maximum, both for your sake and theirs. Your solicitor will make sure to select a professional medical expert for this reason as well, to get a good picture of prognosis, state of injury and long-term effects.
Beginning claims for personal injury is easier than most people think, especially if you take the guesswork out of the process of choosing a solicitor and call Accident Claims. Our team will talk you through anything you need to know about the process, including calculating compensation for personal injury questions, and we’ll talk through what has happened to you at your own pace.
When we know whether you have a valid claim, we’ll offer to connect you with a solicitor with experience in handling claims just like yours. You can rest assured there are some fantastic solicitors that we can provide to you that will work hard to secure your compensation as quickly and as simply as possible. And they are experts in knowing how to calculate compensation in a personal injury claim.
If you say yes, we’ll provide the solicitor that best fits your needs, and they will take care of the rest, including the arrangement of a medical at a convenient location for you to reach. Once the report is back, then the solicitor we’ve provided will put together all the evidence and begin your claim for significant amounts of compensation!
To illustrate how calculating compensation for a personal injury claim works, we have put an illustrative calculation together below, based on an imaginary situation.
For example, Bill is hit by a car on a pedestrian crossing. He suffered a badly broken leg and arm, leading to him having to have weeks off work to recover. Bill also suffers PTSD after the injury, as he thought he was going to die. While he recovers, Bill cannot drive, so he has to take taxis to appointments at the hospital. Calculating compensation for a personal injury with these details is likely to involve:
Bills award for injury, pain, and suffering – The broken leg and arm amount will be calculated based on the medical report according to the guidelines mentioned. On top of this, Bill’s PTSD will be assessed and a psychological injury amount awarded, as well as a mental anguish claim.
Bills award for special damages – Bills lost income, both actual and future, will be compensated, as well as his costs for transport and medical bills if necessary.
As you can see, calculating compensation for a personal injury is not simple at all, which is why you need expert guidance to ascertain the sort of figures you may be looking at.
Let us first say that visiting one of the personal injury claims calculator pages online will not provide you with an accurate sum. As we mentioned before, many different things are taken into account when the calculation is made. However, personal injury compensation amounts for specific injuries are usually awarded close to the judicial guidelines regularly updated.
One such update has rescinded the use of different calculations for men and women suffering facial scarring, and they are now calculated based on the same guidelines. This is why many personal injury insurance settlement calculator pages are inaccurate. However, what we have created below is an alternative to a personal injury compensation calculator. It is a table showing typical award brackets for a variety of injuries. We hope you find it useful.
|Neck injury||Moderate||Between £7,410 - £36,120||Potential loss of movement/ persistent pain|
|Neck injury||Severe||Between £42,680 - £139,210||Fracture or break/ long term severe pain|
|Back injury||Moderate||Between £11,730 – £36,390||Initial damage and pain/long term complications|
|Back injury||Severe||Between £36,390 - £151,070||Severe, long term pain/ loss of function/ loss of movement|
|Brain injury||Moderate||Between £14,380 - £205,580||Loss of concentration/ memory/ cognitive ability/ senses (sights, hearing etc)and so forth|
|Brain injury||Severe||Between £205,580 - £264,650||All brain damage considered- including paralysis|
|Quadriplegia||n/a||Between £304,630 to £379,100||Paralysis of all extremities/ below the neck/ full body|
|Paraplegia||n/a||Between 205,580 to £266,740||Increasing paralysis and associated risks|
|Mental Anguish||n/a||£4,380||Fear of impending death|
If you look through the table above and don’t see your injury, don’t think you won’t compensate for it. Call the team, and we’ll advise you. But continue reading to learn about how to calculate compensation in a personal injury claim.
There is a time limit for everything these days, which obviously extends to how long you have to make personal injury claims. For most cases, three years is when you’re allowed to make your claim, but some cases fall outside of this rule. For example, should you have suffered medical negligence and were not aware of this at the time, as consequences did not appear until after the three years were taken from the time you were aware of the negligence.
Other exceptions can include those who had suffered brain damage, where there is no limit, and if something has happened to a child, and their parents or guardians didn’t claim on their behalf before they turned 18. They have three years from this date, so until they are 21 to claim once they hit adulthood. As always, if you’re not sure whether you’re within the time limit, call us to find out!
Interestingly, many people still feel nervous about starting personal injury claims, as they feel they would need to put themselves at some financial risk. Even though no win no fee claims have been around for some time, some still don’t understand how they work. For us to illustrate this, we have prepared a typical scenario below:
Caroline, a barmaid, suffers a slip at work on a mat that was not secured to the floor properly, despite her pointing it out to management several times over a couple of weeks. She has time off work to recover and is only on statutory sick pay, so her wages are down significantly. And she has very little money in the bank but wants to claim compensation for her injuries.
She approaches Accident Claims. We confirm she has a valid claim, and we connect her with a personal injury solicitor to help her. So, she signs an agreement that sets out the percentage of compensation she will pay towards legal fees, and her solicitor fights her case. Once the compensation payment is agreed, the agreed percentage is put towards legal fees, and she retains all of the rest of the compensation for herself.
Now, should Caroline’s case not be successful, then what do you think would happen? You may be surprised at this, but she would not be liable to pay the legal bills. This is how risk-free this type of claim can be. And this is one example of how to calculate compensation in a personal injury claim.
If you were looking to begin the often-complex process of starting a claim, you might question how to calculate compensation in a personal injury claim, or you may be looking for recommendations for solicitors to use to take your claim forward. However, it can be difficult to know whether you’ve made the right choice – even if a friend or a family member has a solicitor they regularly use for other matters. Personal injury law is complex, and choosing a solicitor that doesn’t specialise in this area could mean the difference between a won and lost case.
Instead, why not look at using our service. We can offer free advice over the phone and provide a solicitor that specialises in this area and has experience handling claims like yours. We have been in the business for years and can back up our knowledge and expertise with client recommendations that confirm that you’re in extremely good hands.
Now that you have read how to calculate compensation in a personal injury claim, you may have additional questions. Or, you may feel ready to kick-start your claim. Whatever your situation, one call to 0800 073 8801 should give you all the confirmation you need on whether you’d likely be awarded compensation for what has happened to you. There’s no obligation, so no reason not to get in touch. Our contact details can be found here if you prefer an alternative method to the phone!
This is the government’s body that arranges compensation for criminal victims. Your personal injury solicitor will approach these on your behalf for your accident at work claim.
The HSE collates accident at work statistics. You can find them here.
Please take a look at our guide to learn more about elbow injury personal injury claims.
If you have been assaulted at work, then you could have grounds to make a claim. Why not read our guide to learn more?
How to calculate compensation in a personal injury claim FAQs
What qualifies as a personal injury case?
A personal injury claim could be a suitable course of action if a negligent third party causes you injury or harm. When a third party owes a duty of care that is breached, it can have a life-altering impact, resulting in various physical and psychological trauma. In these cases, a personal injury claim would be a suitable course of action, as it allows the injured party to claim the damages endured.
What is a personal injury claims time limit?
A personal injury claims time limit is a designated timeframe in which you must begin your claim. For many claims, the timeframe would be 3 years. However, there are cases where this time limit may differ. It is always worth speaking to our team to gauge whether your case meets the relevant timeframe. After all, should you fail to begin your claim with the allocated timeslot, then your case’s validity will be affected.
How is injury compensation calculated?
This is done by combining the value of general damages with that of special damages for any injury or illness.
How do I maximize my personal injury settlement?
Collect as much evidence as possible, get a medical assessment, move quickly on claiming and evaluate damages before considering offers.
What is a good settlement offer?
This is an offer that satisfies the claimant while remaining affordable for the defendant.
What happens if I reject a settlement offer?
This will usually lead to another higher offer, though you can’t accept the rejected offer later on if you change your mind.
Should I accept the first offer of compensation?
We don’t advise that you do this because the first offer is never the only offer, nor the largest offer.
How is a settlement paid out?
This could be done as either one lump sum or in the form of several equivalent payments.
Once again, thank you for reading our guide on calculating compensation in a personal injury claim. We hope you have learned how to calculate compensation in a personal injury claim.