If you have been injured in an accident and are considering making a personal injury claim, one of the first questions you may ask is: “how much compensation am I entitled to?”
Personal injury compensation is broken down into ‘general damages’ and ‘special damages’, which together reflect any losses which you have incurred as well as the injury itself. It is important that any compensation you receive accurately reflects your injuries, with a goal of putting you in the position you were prior to the accident.
In this blog, our personal injury team looks at these two compensation categories and answers other frequently asked questions about personal injury claims.
General Damages: Compensation for Pain and Suffering
General damages compensate you for any pain, suffering and loss of amenity as a result of your injuries.
These can include injuries you may have recovered from by the time your case settles, as well as lifelong injuries. They can also include physical and psychological injuries which you may have sustained.
To assess these damages, we obtain medical evidence from our trusted panel of experts who may examine you and provide a prognosis as to the extent of your injuries and the likely impact this will have on your future.
We also use the Judicial College Guidelines and previous case law to assess the impact that this has had on you.
Special Damages: Recovering Your Financial Losses
Special damages cover the financial losses and expenses you have incurred as a direct result of your injury. These vary case by case but can include things such as: –
- Loss of earnings (past and future). If you can no longer work, return to your previous role or have had temporary time off work as a direct result of your injury.
- Travel expenses for any medical appointments attended.
- Medical expenses (past and future) such as treatment, prescriptions and rehabilitation.
- Care and assistance provided by friends, family or privately hired professionals.
- Damaged possessions. Whilst this can include more valuable items such as a vehicle in a road traffic collision, it can also include smaller items such as damaged clothing, glasses, a mobile phone, etc.
There may be things outside the above examples that can still be considered when making a claim. It is important to make a note of anything which you feel may be important, no matter how small. We recommend that you keep any evidence, such as:
- Receipts
- Photographs of damaged items
- Travel expenses
- Payslips
- Any other information to assist with evidencing your losses
We can also look to obtain statements from relevant people to support your claim.
How We Value Your Personal Injury Claim
Every personal injury case has unique circumstances and will be assessed on individual evidence.
However, as a guideline, there are several factors which determine this, a few of which were mentioned earlier in this article. Each contributes to the overall value of your claim:
- The severity of your injury: which will be supported by medical evidence.
- Your loss of earnings and future earning capacity: if you have to leave your job, reduce hours or change roles altogether, with a reduced income.
- Impact on your family life: the ability to care for you and your family.
- Effect on your quality of life: you may be entitled to more compensation if you are no longer able to partake in previous hobbies or other activities which you were able to do before you were injured.
- Your future needs: this can include care, treatment, rehabilitation and medical equipment. It is important that we look at the long-term effects of your recovery, so that even after your claim has settled, you are still able to get the help you need for the duration of your recovery.
- Your age and any relevant pre-existing conditions: this can both increase or decrease the level of compensation depending on your position. For example, a young person with lifelong permanent injuries could have a higher level of compensation to that of an elderly person with the same injuries, due to future losses. Degenerative changes or pre-existing conditions also impact the value of the claim.
Ensuring You Receive Fair and Appropriate Compensation
It is important that you are compensated appropriately and fairly for the full impact of your injury and losses, both now and in the future, and we’re here to help.
Our Personal Injury team will be happy to discuss this with you in detail, so that you understand your position and how this may look in the future.
With years of experience supporting those who have been injured in accidents, we provide practical advice, honest guidance, and support without obligation.
Get in Touch
If you would like to discuss your potential personal injury claim, get the advice and assistance you deserve today by calling us on 01482 320620 or emailing enquiries@bmcf.co.uk.
This blog is for information purposes only and not intended to be taken as legal advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
