When you file a personal injury claim, one of the most important things you would want to know is how much compensation can I claim and to get a good idea it helps to know how the compensation is calculated. This is not always straightforward or simple, especially if you’re suffering with an injury.
We’ve provided various examples below of what some claims may be worth, but as amounts can vary due to individual circumstances we suggest contacting us to discuss your injury in confidence with one of our solicitors or expert advisors who’ll be able to provide a more accurate assessment.
There are various different forms of personal injury actions that range from Road Traffic accidents to Medical Negligence. The general rule is that all of these forms of action pursue the same approach.
There are a few different factors that have to be considered when making a compensation calculation, which make it quite complicated. Making it even more difficult is the fact that all personal injury claims do not fall under a single branch of litigation. However, no matter how trying you find it, it is important to try and determine at least a “ballpark figure” as this could have a bearing on the outcome of your case.
How A Personal Injury Claim Is Calculated
The amount of compensation is usually directly proportional to the extent of injury that the pursuer has suffered. This generally means, the more severe your injury, the higher the amount of compensation you would expect to receive. For example, soft tissue damage would not receive the same level of compensation for severe brain damage.
Your personal injury solicitor will calculate an approximate figure based on two factors – the severity of your injury and any mental and emotional repurcussions of the injury. If you haven’t already found a solicitor then please contact us to speak with one of ours. An initial consultation is free and there’s no obligation to use our legal firm following the consultation.
The following kinds of personal injury compensation will allow you to get a basic understanding on how this is done so that you can calculate a rough estimate of your personal injury claim.
Different Kinds Of Personal Injury Compensation
General Damages are the damages that relate to the pain and suffering of an individual. In Scotland, general damages are referred to as ‘Solatium’. Strange though it may sound, there is actually a kind of ‘price list’ that has been created by our legal system. They use this price list as a kind of reference when calculating compensation for different kinds of injuries and diseases.
Although the figures mentioned are not the exact amount, there is a usual trend of asking for compensation within a certain band. The following are examples of the average amounts usually asked for while calculating different kinds of personal injury claims. For expert advice on what the true value of your claim could be worth you should contact a personal injury solicitor.
Compensation Amounts for Head Injuries
Any injury to the head is a major concern, especially as it also puts the brain at high risk of injury. A person suffering from minor head injury and no injury to the brain, may be entitled to claim compensation in the region of about £3,000 to £6,000. However, major damage to the head and brain can result in compensation that is upwards of £20,000.
There is no upper limit to compensation for brain damage. It usually depends on the extent of the damage.
Compensation Amounts for Mental or Psychological Injury
The amount of compensation that can be claimed for a mental injury will depend on the degree of “harm”. If the psychological harm is deemed to be temporary and the prognosis is that everything will return to normal soon, a typical claim of an amount between £4,000 and £10,000 isn’t unusal.
For mental and psychological injuries that are more severe or permanent, the compensation can approach up to £50,000.
Compensation Amounts for Injury to the Upper Body
Minor wounds to the upper body area (which includes the neck and the shoulders) can warrant compensation in the region of £4,000 to £6,000. More serious injuries may result in successful claims for above £10,000.
Compensation Amounts for Back Injury
Back injuries can be extremely painful and debilitating. Moreover, there is a high risk of spine damage when the back is injured. This could result in severe mobility restrictions or in extreme circumstances, paralysis. Compensation for back injuries could range from £6,000 to £20,000.
Compensation Amounts for Injuries to the Arms, Hands or Wrists
The tricky part with injuries to the arms, hands or wrists is that it can be difficult to calculate the potential loss that can be suffered by the person after getting injured in these areas. It is not uncommon for less severe injuries to fetch in the region of £3,000 – £5,000, meanwhile an injury that leads to a permanent form of disability or loss could lead to compensation in the region of £10,000 – £30,000.
Compensation Amounts for Lower Body Injury
The lower body area will include any kind of injury to the ankles, the knees, the hips and the legs. As in most other cases, the seriousness of the injury will help to determine the amount of compensation that can be claimed by the injured party.
Recovery claims for less serious injury that have a good chance of recovery can reach between £3,000 and £10,000. More serious injuries that lead to a permanent disability, loss of use or constant pain could potentially reach upto £25,000.
Claims For Loss of Earning
The law has been framed in such a way that if an injured person cannot continue to work due to the injury, they can ask for damages as a way of being compensated for the loss of income.
Personal Injury solicitors usually consult with medical professionals in order to determine the amount of time that their client would require to recover from the injury and how long before they would be well enough to go back to work. Based on this time, both during the pendency of the case as well as after, an amount is put forth to the court as fair compensation that should be awarded.
Expenses that are ‘Out of Pocket’
Any out of pocket expense includes all expenses that are made during the process of getting the injuries taken care of. So any transportation costs, extra living costs and other incidentals that were incurred while addressing the injury will be counted as out of pocket expenses.
Services compensation is given to people who have been badly injured and require an extra level of care by any professional service for their care. In some cases, this compensation is even given to family members who need to take care of the needs of the individual who has been in the accident.
Loss of Society
This category of compensation will only apply to a few people such as those who have lost a spouse, a child or a parent.
If there is an accident which results in the death of a close family member, the remaining members of the family may be able to ask for a certain sum as compensation for this loss. Usually, the amount claimed is calculated using a particular formula by the solicitors.
Loss of Support
If a member who provided financially for the family dies, the rest of the family may ask for compensation as a way of repayment for this loss of financial support. For example, if a man who is the sole earner in the family passes away, his wife and children could ask for compensation under this category.
As we have shown above, you can calculate to a degree how much compensation you might get for different kinds of personal injury claims. These could be for various accident claims such as work accident claims, car accident claims, whiplash claims, and so forth. Below is a table of figures that displays example personal injury compensation amounts that a claim might bring.
|Part of Body||Severity||Compensation Amount||Comments|
|Achilles Injury||Extremely Severe||£19,920 - £30,630||A severed achilles tendon, restricted ankle movement.|
|Achilles Injury||Moderate||£10,040 - £16,800||Partial rupture of the achilles tendon/significant injury. Considered factors include treatment nrequired, level of pain and suffering, any disability.|
|Achilles Injury||Mild||£5,800 - £10,040||Some damage to the achilles tendon where support to the ankle may be affected.|
|Ankle Injury||Extremely Severe||£39,910 - £55,560||The most severe ankle injuries that may cause deformity, degeneration of joints, and potentially amputation.|
|Ankle Injury||Moderate to Severe||£10,960 - £39.910||Fractures, extensive treatment, disability are just a few factors that will be considered when calculating the level of compensation for ankle injuries in this bracket.|
|Ankle Injury||Mild||Up to £10,960||Less serious ankle injuries such as ankle fractures, ankle sprains. Factors considered would be amount of recovery, aching, scarring etc.|
|Arm Injury||Extremely Severe||£76,650 - £239,140||This range of compensation covers the amputation of both complete arms, the amputation of a single arm, or whether an arm is amputated partially or completely. Future restrictions will also be considered.|
|Arm Injury||Severe||£31,220 - £104,370||For major restriction and disability present in one or both the arms and causes significant pain and suffering.|
|Arm Injury||Less Severe||£5,280 - £31,220||The range shown is set for persons who have suffered a restriction in movement and/or disability in the arms but there is substantial recovery. Simple forearm fracutres would expect to be at the lower end of the bracket.|
|Back Injury||Severe||£30,910 - £128,320||Severe injury to the upper or lower back, possibly causing paralysis or any relating issues to organs in the lower parts of the body.|
|Back Injury||Moderate||£9,970 - £30,910||This range of compensation amounts might cover a wide range of back injuries such as compression of the lumbar vertebrae, ligament or soft tissue damage, any constant pain and/or any discomfort.|
|Back Injury||Mild||Up to £9,970||For less serious back injuries such as strains and sprains, soft tissue injuries, a slipped disc, muscle pain. Factors such as recovery time and treatment would also be considered.|
|Ear Injury||Extremely Severe||£72,320 - £87,410||Complete loss of hearing because of the injury.|
|Ear Injury||Moderate to Severe||£24,950 - £36,310||Complete hearing loss in one of the ears. The final compensation amount will depend on how the hearing loss affects the person.|
|Ear Injury||Mild||£££'s - £36,310||This range of compensation is awarded for hearing loss in one or both ears and for those that now suffer with tinnitus because of the injury or the work environment.|
|Elbow Injury||Extremely Severe||£31,220 - £43,710||Total restriction in elbow movement that has now caused a disability or that has needed surgery.|
|Elbow Injury||Less Severe||£12,480 - £25,510||Because of the injury to the elbow there is now restriction of movement in the arm but doesn't cause significant disability and major surgery is not required.|
|Elbow Injury||Mild||Up to - £10,040||An injury to the elbow that is mild to moderate which now causes pain but total movement will be possible.|
|Eye Injury||Extremely Severe||£43,710 - £214,210||Loss of sight in one eye and some loss in the other, or loss of sight in both eyes will receive the maximum compensation.|
|Eye Injury||Moderate to Severe||£7,270 - £43,710||This range of injury compensation is awarded with very restricted vision in a single eye or loss of sight in one eye.|
|Eye Injury||Mild||£1,760 - £6,960||Pain in an eye, vision problems or temporary loss of vision in an eye.|
|Face Injury||Extremely Severe||£14,320 - £77,580||Facial disfigurement and severe scarring might warrant somewhere in this range of injury compensation. The severity of the injury shall determine how much compensation is awarded.|
|Face Injury||Moderate to Severe||£1,850 - £36,310||This compensation range covers simple fractures to multiple fractures and breaks to the facial area, for example the nose.|
|Face Injury||Mild||£1,360 - £23,980||These amounts cover less severe scarring to what might be considered trivial scars.|
|Finger Injury||Mild - Severe||£££'s - £29,290||As compensation can vary so much depending on which fingers are damaged, the severity of the injury, whether there is impaired grip etc we would advise contacting us to discuss what kind of finger injury you have.|
|Foot Injury||Extremely Severe||£66,930 - £160,600||This range covers the amputation of one or both feet and how it might affect the persons life.|
|Foot Injury||Moderate to Severe||£10,960 - £55,830||Severe injury to one or both feet that causes restriction, fractures or disability to the foot.|
|Foot Injury||Mild||Up to £10,960||Covering injury to a foot that will recover.|
|Hand Injury||Extremely Severe||£11,520 - £160,600||This range of compensation amounts shall cover the amputation of one or both hands or if a hand is made completely useless due to the injury.|
|Hand Injury||Moderate to Severe||£4,640 - £10,580||Crush injuries to the hand, penetrating wounds, deep laceratons. The upper end of the brack would be in cases where the claimant has been left unable to use a hand properly.|
|Hand Injury||Mild||£730 - £3,460||Minor soft tissue damage, penetration wounds, crush injuries wehere recovery time is usally 6 months or less.|
|Head Injury||Extremely Severe||£224,800 - £322,060||Victims who are unresponsive due to severe brain damage and are unresponsive or what might be referred to as a vegetative state.|
|Head Injury||Moderately Severe||£174,620 - £224,800||Servely disabled from brain damage, lost feeling in limbs, change in personality and/or a mental disability.|
|Head Injury||Moderate||£34,300 - £174,620||Cases where memory may be affected with a reduced ability to work to more severe cases where there is no chance of being able to work, change in personality, high risk of epilepsy.|
|Head Injury||Mild||£1,760 - £10,180||Head injuries which haven't caused brain damage or very minimal brain damage but the head injury might still have lasting effects.|
|Knee Injury||Severe||£20,880 - £76,690||Disability because of a knee injury, major damage to muscles, muscle wastage and soft tissue damage.|
|Knee Injury||Moderate||Up to £20,880||Minor disability because of the knee injury, damage to the muscle, cartilage, soft tissue, that causes pain and suffering.|
|Leg Injury||Extremely Severe||£78,100 - £224,800||Amputation of one or both legs. The compensation range also takes into consideration should the leg have been amputated below or above the knee.|
|Leg Injury||Moderate to Severe||£22,130 - £76,730||Injuries to the leg which has caused restriction in movement and disability that might have a life long prognosis.|
|Leg Injury||Less Severe||Up to £22,130||From simple leg fractures, breaks or soft tissue damage which has affected the muscle to leg fractures with an incomplete recovery.|
|Neck Injury||Extremely Severe||£36,240 - £118,240||Very severe neck injuries, those causing movement problems to other parts of the body.|
|Neck Injury||Moderate to Severe||£6,290 - £30,690||Neck fractures, causing pain when moving, causing stiffness and inability to use the full movement of the persons neck.|
|Neck Injury||Mild||Up to £ 6,290||Whiplash type injuries, can depend on the length of time the injury lasts, how painful the injury is and what the long-term prognosis is.|
|Shoulder Injury||Severe||£10,180 - £38,280||Paralysis, limb numbness, restriction in movement because of the injury in the neck and shoulder.|
|Shoulder Injury||Moderate||£6,290 - £10,180||Neck tissue damage that might last for a considerable length of time and that restricts the movement in the eersons arm and elbow.|
|Shoulder Injury||Mild||Up to £6,290||Damage to soft tissue that should recover within the year or slighly longer, and causes or has caused moderate pain.|
|Toe Injury||Mild - Severe||£££'s - £44,710||As compensation can vary so much depending on which toes are damaged, whether walking is impaired etc we would advise contacting us to discuss what kind of toe injury you have.|
|Wrist Injury||Mild - Severe||£2,810 - £47,720||This brack covers a wide range of wrist injuries, from simple wrist fractures to injuries that have resulted in a complete loss of function .|
*All figures in the table above are advised general damage compensation levels set by the Judicial College and should be used only as a guide as each individual personal injury claim is different as special damages compensation may need to be factored in. The difference between general and special damages is explained here. How much compensation you might get for your personal injury claim may differ from the figures shown so call us today to get a more accurate evaluation.
Updated: 4th September 2018.