How Are Personal Injury Claims Calculated?

If you’re seeking compensation after being injured, you might be wondering, “How are personal injury claims calculated?”

This guide will start by looking at the two types of compensation: General damages and special damages. We’ll also look at what can be deducted from personal injury compensation payouts, as well as guidance on what evidence can help support a stronger argument for personal injury compensation.

Our final section will explain how appointing a personal injury solicitor can help, and how one of the No Win No Fee personal injury solicitors from our panel could guide you through the claims process.

Read on to learn more about calculating compensation. Or, if you would like to discuss how much compensation you could potentially get, you can get started by:

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Jump To A Section

  1. How Are Personal Injury Claims Calculated?
  2. How Are General Damages Calculated In Personal Injury Claims?
  3. What Financial Losses Can I Claim For In Personal Injury Claims?
  4. What Can Be Deducted From My Personal Injury Compensation?
  5. Can I Claim Personal Injury Compensation?
  6. More Resources About Making A Personal Injury Compensation Claim

How Are Personal Injury Claims Calculated?

Personal injury compensation is a type of financial support that can be awarded to victims of negligence.

In a successful personal injury claim, the compensation awarded is usually divided into two categories: general and special damages.

General damages seek to compensate the person for the physical pain and psychological suffering caused by the injury, and this heading goes to every successful claimant.

Special damages reimburse the person for the financial losses caused by the injury, but not all claimants will receive this heading. You can’t claim for special damages alone.

Furthermore, the compensation awarded in a successful personal injury claim will always vary according to numerous factors and circumstances. There is no ‘set’ amount of compensation.

Can A Personal Injury Claims Calculator Help?

In some cases, a personal injury claims calculator can help you get a broad idea of what kind of payout you could get. However, some personal injury claim calculators will usually only cover general damages and won’t consider things like medical expenses and other financial losses.

How Are General Damages Calculated In Personal Injury Claims?

Some factors that determine how much compensation you could receive for general damages include:

  • The level of pain and suffering caused by the injury
  • Whether multiple injury types need to be taken into account
  • The length of treatment and recovery needed
  • What impact the injuries have had on the overall quality of the person’s life
  • Psychological stress and mental trauma

What Are The Judicial College Guidelines?

To assign a value for general damages, the legal professionals involved may look at publications like the Judicial College Guidelines (JCG). This publication only applies to claims made in England and Wales and provides an index of guideline compensation brackets for various injuries and illnesses, with the more severe injuries attracting higher values.

Other forms of evidence, like an independent medical report, can also be used to help assign a value. To find out if you could be eligible for personal injury compensation, get in touch with our team today.

What Financial Losses Can I Claim For In Personal Injury Claims?

Special damages reimburse the claimant for the out of pocket expenses caused by their physical or psychological injuries.

This includes the cost of:

  • Loss of earnings or reduced income caused by time off work to recover
  • Adaptations in the home to deal with a permanent disability
  • Professional nursing care
  • Damage to personal items caused by the accident
  • Medical bills and prescription charges
  • Travel expenses to essential appointments
  • Childcare
  • Help with cooking and cleaning

To include special damages in your personal injury claim, you will need to submit documented evidence of these financial losses. Because of this, it’s important to retain all receipts, bank statements, invoices, wage slips and travel tickets as proof.

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What Can Be Deducted From My Personal Injury Compensation?

Certain amounts may need to be deducted from the sum awarded to you, depending on how you make your claim. This includes:

  • Success Fee Deduction: If you make a claim with a No Win No Fee solicitor, they will take a success fee from your compensation. This is a legally capped percentage and cannot be higher than 25%.
  • Expert Consultation: In some cases, the cost of an independent medical report or expert witness testimony can be deducted from your compensation.
  • Split Liability Deduction – In some claims, there was a responsibility on both sides for the accident and injury. This is known as split liability. If the court deems it appropriate, a lower amount of compensation can be awarded that reflects your level of responsibility. For example, if you were 50% to blame, the award is reduced by 50%. You may also accept a lower amount yourself in order to agree to your settlement.
  • ATE Insurance – ‘After the Event’ insurance covers the losses of the defendent’s legal team. Should you decide to take out an ATE policy, you need to pay for this if the claim is successful.

Personal injury compensation deductions are made on a case-by-case basis, and some of these deductions may not apply to you. To learn more, get in touch with our team today.

Can I Claim Personal Injury Compensation?

In addition to understanding how personal injury claims are calculated, it is useful to know who is actually eligible to make a claim. It is necessary to show that a third party owed you a duty of care, which they breached, causing your injuries This defines negligence and forms the basis for a valid personal injury compensation claim to proceed.

If your claim is eligible and you wish to use their services, a solicitor from our panel has the essential expertise to help with this. They will explain what evidence could help you claim and support you to build the strongest case you can.

They can also offer their services on a  No Win No Fee basis with a Conditional Fee Agreement (CFA). This means you can access expert legal representation without:

  • Paying upfront for their work
  • Paying for their work as the claim is ongoing
  • Paying for their services if the claim fails

As we’ve already mentioned, if the claim succeeds, your solicitor will take a success fee.

Contact Us For Free 24/7 To See If You Can Make A Personal injury Claim

If you think a CFA sounds of interest to you, reach out to our dedicated advisors for a free assessment of your claim by:

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More Resources About Making A Personal Injury Compensation Claim

In addition to this guide on how personal injury claims are calculated, you may find the following articles from our website useful:

External resources to help:

Thank you for reading our guide. We hope we’ve answered the question, “How are personal injury claims calculated?”