How much is your claim worth?
The majority of people, who contact us for advice after an accident, enquire about the amount of compensation their claim is worth.
Personal injury compensation (also known as “damages”) will be awarded to you only if you can prove that you have suffered injuries as a result of another person’s fault. You will not get compensation if you have not suffered any injury.
Compensation will only be given to you if your injuries were caused by the negligence of another person.
An injury is any physical or mental harm. It can include mental anguish, for example a woman received compensation where her injuries prevented her from being able to care for her invalid husband.
Damages fall into two categories, namely, General damages and Special Damages. I will explain each category separately.
General damages
General damages are calculated based on the pain and suffering you have endured as a result of your injury. They are called general damages because this type of compensation can not accurately be measured.
General damages are difficult to prove. You need an experienced personal injury lawyer to help you to gather the relevant expert evidence and calculate the appropriate amount.
The insurance company will offer you an amount but you won’t really know if their offer is the right compensation to which you are entitled.
The amount you will be awarded will depend largely on the past and future pain and suffering caused by the type of injury you sustained.
You will also be compensated under this category for any loss of amenity. For example, if you were an amateur footballer or used to attend salsa classes, and because of your injuries, you are not able to play or enjoy your recreation, you will receive compensation. This is what we call “loss of amenity”.
If you suffered very severe injuries, you may have ongoing loss of earnings because you are not able to work or can only work part-time or can only do lower paid jobs. You will get compensation for this loss as well.
The court will also compensate you for handicap on the labour market. This compensation will be awarded to you even though you have not lost your job because of the accident, but the injury you suffered has made it more difficult for you to obtain another employment if you lose your present job at some stage in future.
You will get damages for loss of congenial employment. For example, if you had a job that you enjoyed and which you have to give up because of the injuries, you will get compensation for the loss of your job satisfaction.
In calculating your compensation, your lawyer will look at cases that were previously decided by the courts for injuries similar to yours. When your lawyer finds a similar case, he will use it to compare the amount of money the court awarded in the previous case.
Your solicitor will also use the Judicial studies Board Guidelines to assess the level of compensation suitable for the nature and extent of your injuries.
The Judicial studies Board produces a set of Guidelines for each type of injury. For each category, a bracket of compensation is given as a guideline. We have reproduced the Guidelines in the section How much is my claim worth. Please note that the exact value of a claim depends on the severity of each injury.
Special Damages
Unlike general damages, special damages are easy to calculate because they can be accurately measured.
The loss you may be able to claim under this category will include the following:
1. Loss of earnings that you have already incurred. This loss will be calculated by using your average net income over the three months immediately before your accident. Any payment you received from your employer will be taken into account.
However, different periods will be used if your work was seasonal.
You will also be entitled to claim loss of earnings if after you returned to work, you could only do part-time or reduced duties for a period of time.
2. Travel Expenses to and from hospital and journeys made by relatives to see you in hospital.
3. Loss of other benefits, for example car/pension.
4. Loss of career prospects.
5. Medical expenses including prescription and non-prescription charges.
6. Care and attendance provided by a private agency or family and friends.
7. Accommodation, including the cost of using additional capital cost of adaptations to your home, removal costs and professional fees.
8. Transport including additional capital incurred in purchasing a vehicle and cost of adaptation, annual depreciation and additional annual running costs for your car.
9. Special equipment/ aids and appliances.
10. Damaged property such as clothing destroyed in the accident.
11. Loss of ability to perform DIY, gardening, dress making, housework etc.
12. Increased costs of taking a holiday.
13. Increased living expenses including heat and light, clothing, insurance and telephone.
Interest
You will receive interest on both general and special damages at specified rates.
Contributory Negligence
Where you were partly to blame for the accident, your compensation will be reduced by a certain percentage to reflect the level of your own fault. A specialist personal injury lawyer should be able to help you in assessing the right percentage.
DWP Compensation Recovery System
If you received state benefits as a result of the accident, the Department for Work and Pensions (DWP) will seek to deduct those benefits from your compensation.
For example, if you received disability working allowance or disablement pension or incapacity benefit, the DWP will deduct these from your compensation.
If you have suffered an injury as a result of the fault of another person, you may be entitled to compensation. Speak to a specialist personal injury lawyer for advice on the right compensation to which you are entitled.
Asiimwe Balinda
Personal injury solicitor