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Calculating A Personal Injury Claim

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Calculating A Personal Injury Compensation Claim

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 Calculating Personal Injury Claimstraightforward 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

  1. Solatium/General Damages

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.

  1. 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.

  1. 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.

  1. Services Compensation

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.

  1. 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.

  1. 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.

How Much Personal Injury Compensation Can I Claim?

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 BodySeverityCompensation AmountComments
Achilles InjuryMost SeriousApprox: £32,780A severed achilles tendon, restricted ankle movement.
Achilles InjurySerious£21,320 - £25,670A complete division of the achilles tendon has been repaired succesfully but has left some disability with no further improvement likely.
Achilles InjuryModerate£10,750 - £17,970Partial rupture of the achilles tendon/significant injury. Considered factors include treatment required, level of pain and suffering, any disability.
Achilles InjuryMild£6,200 - £10,750Some damage to the achilles tendon where support to the ankle may be affected.
Ankle InjuryExtremely Severe£42,710 - £59,480The most severe ankle injuries that may cause deformity, degeneration of joints, and potentially amputation.
Ankle InjuryModerate to Severe£11,730 - £42,710Fractures, 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 InjuryMildUp to £11,730Less serious ankle injuries such as ankle fractures, ankle sprains. Factors considered would be amount of recovery time, aching, scarring etc.
Arm InjuryExtremely Severe£82,040 - £255,930This 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 InjurySevere£33,430 - £111,690For major restriction and disability present in one or both the arms and causes significant pain and suffering.
Arm InjuryLess Severe £16,380 - £33,430The 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 InjurySevere£33,080 - £137,330Severe injury to the upper or lower back, possibly causing paralysis or any relating issues to organs in the lower parts of the body.
Back InjuryModerate£10,670 - £33,080This 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 InjuryMildUp to £10,670For 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 InjuryExtremely Severe£77,430 - £93,540Complete loss of hearing because of the injury.
Ear InjuryModerate to Severe£26,710 - £38,850Complete hearing loss in one of the ears. The final compensation amount will depend on how the hearing loss affects the person.
Ear InjuryMild£££'s - £38,850This 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 InjuryExtremely Severe£33,430 - £46,780Total restriction in elbow movement that has now caused a disability or that has needed surgery.
Elbow InjuryLess Severe£13,360 - £27,320Because 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 InjuryMildUp to - £10,040An injury to the elbow that is mild to moderate which now causes pain but total movement will be possible.
Eye InjuryExtremely Severe£46,780 - £229,260Loss of sight in one eye and some loss in the other, or loss of sight in both eyes will receive the maximum compensation.
Eye InjuryModerate to Severe£7,780 - £46,780This range of injury compensation is awarded with very restricted vision in a single eye or loss of sight in one eye.
Eye InjuryMild£1,880 - £7,460Pain in an eye, vision problems or temporary loss of vision in an eye.
Eye InjuryTemporary
£1,880 - £3,370Temporary eye injuries where full recovery takes but a few weeks.
Facial Scarring
Very Severe£25,400 - £83,050Facial 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.
Facial Scarring
Less Severe£15,320 - £41,310Facial disfigurement is substantial and there is significant psychological damage.
Facial Scarring
Significant
£7,780 - £25,670Plastic surgery has reduced the worst scarring but not all and any psychological damage is not considered sgnificant.
Facial ScarringMild to Less Significant
£1,460 - £11,730These amounts cover what might be considered trivial scars to less severe scarring to .
Face InjuryMild to Severe
£1,990 - £31,350This compensation range covers simple fractures to multiple fractures and breaks to the facial area, for example the nose.
Finger InjuryMild - Severe£££'s - £31,350As 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 InjuryExtremely Severe£71,640 - £171,920This range covers the amputation of one or both feet and how it might affect the persons life.
Foot InjuryModerate to Severe£11,730 - £59,730Severe injury to one or both feet that causes restriction, fractures or disability to the foot.
Foot InjuryMildUp to £11,730Covering injury to a foot that will recover.
Hand InjuryExtremely Severe£120,040 - £171,920This 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 InjuryVery Severe£82,040 - £93,540Injuries such as the total or effective loss of one hand that has been crushed and then amputated, or most of the palm and all fingers have been amputated.
Hand InjurySevere
£24,740 - £77,430Injuries in this range might include finger amputations, major loss in function.
Hand InjuryLess Severe
£12,340 - £24,740Crush 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 InjuryModerate
£4,780 - £11,330Moderate crushing injuries, deep lacerations, penetration wounds.
Hand InjuryMinorUp to £4,055Minor soft tissue damage, penetration wounds, crush injuries where recovery time is usually 6 months or less.
Head InjuryExtremely Severe£240,590 - £344,640Victims who are unresponsive due to severe brain damage and are unresponsive or what might be referred to as a vegetative state.
Head InjuryModerately Severe£186,890 - £240,590Servely disabled from brain damage, lost feeling in limbs, change in personality and/or a mental disability.
Head InjuryModerate£36,740 - £186,890Cases 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 InjuryLess Severe£13,070 - £36,740There may still be some issues such as an affected memory or a slight chance of epilepsy but overall a good recovery has been made. Factors considered include any disability, severity of the original injury.
Head InjuryMild£1,880 - £10,890Head injuries which haven't caused brain damage or very minimal brain damage but the head injury might still have lasting effects.
Hip/Pelvis InjurySeverest£66,890 - £111,690Extremely severe injury involving multiple fractures of the pelvis which leads to other significant disability such as hip deformities, sexual dysfunction.
Hip/Pelvis InjurySevere£52,810 - £66,890Very severe injury to the pelvis , examples being fractures and dislocations that may involve issues such as impotence or traumatic myositis ossificans.
Hip/Pelvis InjuryLess Severe£33,430 - £44,790Injury that leads to degenerative changes, leg instability, problems walking, possible future surgeries.
Hip/Pelvis InjurySignificant£22,680 - £33,430Severe hip injury but any disability isn't major.
Hip/Pelvis InjuryLess Significant£10,750 - £22,680Surgery to the hip or hip replacement, continuing symptoms deemed more severe than minor.
Hip/Pelvis InjuryModerate£3,370 - £10,750Injuries that may have led to minor or no lasting disability.
Hip/Pelvis InjuryMinorUp to £3,370Soft tissue injuries that will heal completely.
Knee InjurySevere£22,340 - £82,080Disability because of a knee injury, major damage to muscles, muscle wastage and soft tissue damage.
Knee InjuryModerateUp to £22,340Minor disability because of the knee injury, damage to the muscle, cartilage, soft tissue, that causes pain and suffering.
Leg InjuryExtremely Severe£83,590 - £240,590Amputation of one or both legs. The compensation range also takes into consideration should the leg have been amputated below or above the knee.
Leg InjuryModerate to Severe£23,680 - £82,110Injuries to the leg which has caused restriction in movement and disability that might have a life long prognosis.
Leg InjuryLess SevereUp to £23,680From simple leg fractures, breaks or soft tissue damage which has affected the muscle to leg fractures with an incomplete recovery.
Neck InjuryExtremely Severe£38,800 - £126,550Very severe neck injuries, those causing movement problems to other parts of the body.
Neck InjuryModerate to Severe£6,730 - £32,840Neck fractures, causing pain when moving, causing stiffness and inability to use the full movement of the persons neck.
Neck InjuryMildUp to £6,730Whiplash type injuries, can depend on the length of time the injury lasts, how painful the injury is and what the long-term prognosis is.
Nose InjurySevere£9,080 - £19,730Serious/multiple fractures to the nose that will have resulted in permanent damage and/or requiring a number of operations to repair.
Nose InjuryLess Severe£3,370 - £4,350Example displaced nose fractures where there has been complete recovery after surgery.
Nose InjuryModerate£2,160 - £2,690Moderate nose injuries such as displaced nose fractures that do not need surgery.
Nose InjuryMinor£1,460 - £2,160Example being simple undisplaced fractures with full recovery.
Shoulder InjurySevere£10,890 - £40,970Paralysis, limb numbness, restriction in movement because of the injury in the neck and shoulder.
Shoulder InjuryModerate£6,730 - £10,890Neck tissue damage that might last for a considerable length of time and that restricts the movement in the eersons arm and elbow.
Shoulder InjuryMildUp to £6,730Damage to soft tissue that should recover within the year or slighly longer, and causes or has caused moderate pain.
Toe InjuryExtremely Severe£31,150 - £47,830Amputation of all toes. Depending on whether the amputation was traumatic or surgical can affect level of compensation.
Toe InjuryVery SevereApprox: £26,710Amputation of a big toe.
Toe InjurySevere£11,730 - £17,970Severe crush injuries that lead to amputation of a single or more toes, partial amputations.
Toe InjurySerious£8,190 - £11,730Multiple fractures, crushed toes.
Toe InjuryModerateUp to £8,190Straightforward toe fractures.
Toe InjuryMinorUp to £4,770Minor toe injuries such as simple fractures that are expected heal fully and short-term injuries.
Wrist InjuryVery Severe
£40,630 - £51,070
Wrist injury causing complete loss of function.
Wrist InjurySignificant£20,900 - £33,430Wrist injury leaving significant and permanent disability, there is still some useful movement.
Wrist InjuryLess Severe£10,750 - £20,900Broken wrist causing some permanent disability such as continuing pain/stiffness.
Wrist InjuryModerateUp to £8,740Wrist fractures, soft tissue injuries where recovery is complete or expected to be complete but may take longer than 12 months.
Wrist InjuryMinorUp to £6,340Uncomplicated Colles' fracture and minor wrist fractures.

*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.

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