First of all we need to confirm that each and every personal injury claim that comes through Claims Action will be treated and calculated on its own merits.
We have all seen the newspaper headlines regarding successful personal injury claims which can run into the millions of pounds while others are settled for just a few hundred pounds. That said, there is a relatively standard system which allows our solicitors and the courts to calculate the value of any compensation using information from past cases, professional advice and common sense.
We will now take a look at the different factors used to calculate the value of a personal injury claim.
Loss Of Earnings
If a personal injury claim is rubber-stamped by the courts, and the defendant deemed liable, then one of the most obvious factors to take into consideration in calculating compensation is loss of earnings. This is quite simply an accumulation of loss of earnings from the incident to when the victim was able to return to work at full health.
This figure will obviously vary on the time taken off work as well as the level of remuneration for the individual.
Medical And Care Assistance
While this will usually depend upon the severity of the incident, many personal injury claims will require some financial assistance towards medical and additional care required. Additional care could take into account anything from a cleaner to a physio, from a gardener to a childminder. Basically the cost of additional services required as a result of the accident.
Cost Of Medical Aids
Any claim to cover the cost of medical aids in the future will obviously depend upon the severity of the injury and the medical aids required. These can be anything from a walking stick to a specially adapted bed for those more severely injured.
This element might also include injection needles, medical pads, etc which can sometimes become a regular part of everyday life for a victim.
Adaptions To Houses And Vehicles
In some of the more severe personal injury claims we deal with the victim may require an array of adaptions to their house and vehicle to live as normal a life as possible. These adaptions could include downstairs accommodation, structural changes such as wider doors for wheelchair access, not to mention special bathroom facilities.
For those who are unable to drive a “traditional” vehicle there may be a need to acquire a new adapted vehicle or potentially expensive changes to a current car. This element of any compensation payment can be relatively expensive depending upon the level of life changing injuries.
Damage To Property
When looking at a claim the area of damage to property is often forgotten where there are significant personal injuries. Whether this is damage to clothing, part of your land or even damage to your vehicle this will be routinely pursued by your personal injury solicitors at the earliest opportunity. At the end of the day, someone would need to put right any damage to property caused by the negligence of a third party – why should the victim contribute anything towards repairs?
Lost Deposits And Cancelled Events
In simple terms, if you are a victim of an incident to which a third party has been deemed liable then any financial losses outside of your control, as a consequence of the injuries, will likely form part of an overall financial settlement. This could take in anything from a cancelled holiday to a lost deposit on a vehicle.
Some potential claims may require additional medical advice to clarify the situation and ensure the correct level of compensation is paid out.
Calculating The Actual Level Of Personal Injury Compensation
On the surface, calculating the actual level of compensation due from a successful personal injury claim may seem difficult and effectively open-ended. However, there are a number of means to build up a total compensation package which take in elements such as:-
Judicial College Guidelines
There are Judicial College Guidelines which give Judges an indication on the upper and lower amounts of compensation relevant to specific injuries. This is similar to the judicial guidelines issued when determining the length of a prison sentence. Any payment will depend upon the type and severity of the injury.
Previously Reported Cases
As the number of personal injury claims continues to mount up there is now a growing database of information relating to past successful claims. When you put together the Judicial College Guidelines and the way in which historic cases were treated it is possible to come to a broad indication of any financial payment due. This obviously depends upon the quality of previous cases, and whether the rulings were correct, but there are now so many cases that possible errors in judgement are effectively diluted by the correct rulings.
Multiple Injury Claims
The situation can become a little more difficult when looking at multiple injury claims and this is where very often additional third-party professional advice may be required.
Many claims management companies will have access to barristers who will be able to determine a range of potential compensation options and advise accordingly. In many ways this is an area which is highly specialised because multiple injuries have the potential to change a person’s life forever – in so many different ways.
While we have covered the most common elements of any compensation claim, the way in which actual figures are determined and any advice sought, the fact is that all compensation issues will be considered on a case-by-case basis. No two cases are ever the same and while there may be similarities the rulings on compensation payments can vary significantly.
Specialist Personal Injury Solicitors
When looking at a successful personal injury claim it is very easy to assume that it is simply one payment. The situation becomes a little more complicated when you take a step back and break down the components of any individual compensation claim. Loss of earnings, medical care, damage to property, additional expenses and adaptions to homes and vehicles are often brought up in the courts. However, as we touched on above, each case is considered on a case-by-case basis and while assistance will be sought from previous rulings this does not necessarily mean an identical payout.
If you consider the array of potential compensation elements to discuss and claim for this is why it makes perfect sense to bring on board an experienced personal injury solicitor to take on your case. For those with the confidence to represent themselves in court they could literally be missing out on thousands and thousands of pounds of compensation. Is it worth the risk? Could you guarantee to pursue all different elements of compensation from a third party deemed responsible for your personal injury? If not then give call us today and one of our specialist personal injury solicitors will be happy to answer any questions or concerns you might have.