In the UK damages for personal injury claims are intended to enable the injured party to return to the position they were in prior to the injury sustained. That being said, it must first be proven that the injuries sustained and subsequent losses were a direct result of the accident in question.
Understanding “How much is my injury compensation claim worth?” is a question frequently asked by those seeking compensation following an accident. Loss of employment or breakdown of relationships to a life of uncertainty and a great deal of anguish are some of the results of the impact of an accident.
An injury compensation claim award is split into two parts: General damages; this is compensation for pain, suffering and loss of enjoyment of life as a result of the injury. Special damages; are financial losses suffered as a direct consequence of the accident.
General damages
For general damages to be assessed, a medical report(s) containing information about the injuries sustained, the treatment received and required and, most importantly, the prognosis must be obtained from an expert in the specific area of injury or injuries (in severe cases). In cases of multiple or severe injuries, it may be necessary to obtain reports from experts in more than one discipline, such as orthopaedics, plastic surgery, dentistry and psychiatry, etc.
Special damages
Special damages often equate to the majority of the accident compensation claim and are made up of past and future losses such as loss of earnings, the value of care and assistance, travel expenses, prescription charges and the cost of treatment. In more severe cases, this could include the costs of therapies, equipment, case management and adapted accommodation.
Assessing injury compensation claim values is complex and can be made more so by factors such as pre-existing medical conditions or underlying degenerative problems which may or may not have contributed to any ongoing problems. This gives rise to the issue of causation and often the parties’ experts have to battle it out between them to prove, on the balance of probabilities, that their opinions and prognoses are correct. It is ultimately a judge that will decide which evidence is more compelling.
Where partial blame or contribution by claimant towards the cause of the accident is discovered, the award for damages is often reduced. Awards are generally reduced by a percentage to reflect the apportionment of liability; this is known as “contributory negligence”.
For specialist help with how to claim injury compensation, email our specialist accident solicitors or call them on 0800 1404544 today for free legal advice and no win no fee injury claim agreements.
