How are personal injury claims valued?
Our Personal Injury team receives numerous enquiries from individuals who have been injured and want to claim compensation. Whilst compensation is awarded if a personal injury claim is successful, the value of the payout can vary significantly and requires careful thought and consideration.
In this blog, Samantha Castle, Head of Personal Injury at Barcan and Kirby, explains how a personal injury claim is valued.
What is a personal injury claim?
A personal injury claim is where a Claimant takes legal action against a Defendant to seek financial compensation for injuries and financial losses they have caused. For example, in workplace accidents, the employee could be the Claimant, and the employer could be the Defendant.
To pursue a successful personal injury compensation claim, it is necessary to establish that there is a duty of care owed from the Defendant to the Claimant and that somebody else was at fault, i.e. breached or was negligent in their duty of care. Using the example of an accident at work, it could be that the employer failed to provide adequate protective work equipment, such as goggles.
Read our guide to making a personal injury claim here.
What factors will my solicitor consider when valuing my personal injury claim?
Each personal injury claim is valued based on two elements: general damages (also known as the injury element of the claim) and special damages (also known as the financial loss element).
General damages
General damages in personal injury claims refer to the pain and suffering the injury has caused. This also includes loss of enjoyment in usual activities, such as you cannot walk your dog for a period of time, you can’t go to the gym because of your injuries, or you cannot get out to socialise with friends because of your symptoms, etc.
When calculating your personal injury claim, the solicitor will consider the following:
- The type of injury sustained
- The severity of the injury
- The injury recovery period
- How the injury is affecting you at present
- The future implications of your injury
To value the claim accurately, your solicitor may instruct specialist medico-legal experts to comment on your injuries, how they were caused by the accident, your symptoms, and the long-term prognosis of your injuries. They will provide their clinical expertise on the severity of the injuries by preparing a report which will be used as evidence. If the claim goes to court, the report findings will be presented.
Our solicitors also refer to the Judicial College Guidelines, which offer a starting point to help value personal injury claims, as well as researching previously reported case law to consider similarly reported injuries.
Special damages
Special damages in personal injury claims refer to the financial losses which have occurred as a result of the injury.
When calculating special damages, your solicitor will consider:
- Past losses, such as lost earnings, money spent on travel to medical appointments and/or medication, etc.
- Future losses, such as loss of earnings if you’re unable to return to work, or may be disadvantaged on the open labour market in the future.
Special damages are designed to put you back in the financial position you would be in if the accident had never occurred. You should keep any receipts and invoices wherever possible to prove these losses.
Global offers of settlement
A global offer of settlement in personal injury cases is where the Defendant or insurance company makes a lump sum to settle the case, including both the general and special damages of the claim.
Our lawyers will provide advice on offers of settlement as part of your claim, to ensure the best result is achieved and to ensure a fair payout.
What are the time limits for making a personal injury claim?
Personal injury claims have a three-year limitation period from the date of the accident. If you want to make a personal injury claim on behalf of a child, the limitation period does not apply, and you can claim up until their 18th birthday.
There are other exceptions to the three-year time limit, including if the injured person lacks mental capacity or if they have died.
Contact our personal injury solicitors
If you’ve been injured in an accident that wasn’t your fault, our personal injury solicitors are here to help. Call our friendly team on 0117 325 2929 or fill out our online enquiry form.
