Valuing personal injury claims depends on the accident victim’s individual circumstances. An injury compensation claim comprises:-
(1) GENERAL DAMAGES for the pain and suffering caused by the injury and any treatment
(2) SPECIAL DAMAGES to reimburse financial losses incurred or expenses paid
Claims solicitors aim to recover full compensation for their clients and can normally offer a free service.
It is important to remember that to receive personal injury compensation the accident victim’s opponent must be found to be either partly or fully responsible for the accident and injury. There will always be situations where no-one is at fault, when no compensation will be awarded.
This depends on the type of injury suffered, how long it will take to recover and whether there will be any lasting effects.
An injury compensation claim can also include damages for any “loss of amenity”, ie the extent to which life has been affected by the accident. For example, when a keen golfer suffers an accident and cannot play because of their injury, even if only for a short time.
Typical awards made in personal injury claims:-
Broken arm/leg – £4,000 to £11,000
Broken ribs – £1,750 to £2,750
Broken finger/toe – £1,600 to £3,000
Broken nose – £1,400 to £2,250
Whiplash – £1,250 to £8,500
Claims solicitors will arrange for the injured person to be examined by a medical consultant, who prepares a report detailing the injuries. This enables the true value of the injury compensation claim to be assessed.
Examples of items that can be claimed include:-
a) Lost earnings – including wages already lost and, if appropriate, anticipated future lost wages. Future losses take into account pay increases, promotion prospects and other benefits (eg pension) that would have been enjoyed if the accident had not happened.
b) Travelling expenses – including visits to GP, hospital or other practitioner providing treatment.
c) Medical and care expenses – including prescription charges, non-prescription items (eg pain killers, creams, bandages, etc), privately paid physiotherapy or other treatment, the care and assistance provided by a private agency or by family and friends (eg helping with personal hygiene, cooking, cleaning, shopping, gardening, etc).
There are many items of loss or expenditure that can be included in an injury compensation claim, but they must be as a direct result of the accident and ideally evidenced by invoices or receipts.
Payment of Compensation
For personal injury claims where liability for the accident is admitted and all elements of the compensation are agreed with the opponent’s insurers, payment is usually made within 14 days of agreement being reached.
If the injury is severe and the long term prognosis is unclear, claims solicitors should be able to negotiate an upfront payment for part of the full value of the injury compensation claim, to help the injured person meet their financial obligations while recovering.
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