How Much is my Personal Injury Worth? A Guide to Calculating Claims

If you’ve suffered a personal injury because another party acted negligently then you may be able to claim compensation.

Compensation in successful personal injury claims is intended to mark the nature and severity of your injuries and return you to the financial position you’d be in if the injury had never happened.

In this guide we’ll explain how the amount of personal injury compensation is calculated in each case. We’ll look at factors such as  physical and psychological suffering, lost earnings and out of pocket expenses.

If you’ve suffered a personal injury and you’re wondering if it’s worth making a claim then contact the team at Truth Legal. We’ll explain whether you are eligible to claim compensation and, if you are, we’ll calculate how much you could receive if your claim is successful.

How much can I claim for my personal injury?

The amount you can claim for your personal injury could range from a few thousand pounds for a relatively minor injury up to hundreds of thousands for injuries which are life-changing and require ongoing care or medical attention. The final amount will be based on factors such as:

• The nature and severity of your injuries.
• The physical and psychological distress caused by your injuries.
• The prognosis for any recovery.
• Any earnings or pension provision lost due to your injuries.
• Any money you have to spend as a direct result of your injuries.

How are personal injury settlements calculated?

Personal injury settlements are calculated on the basis of the nature and severity of your personal injury, and the impact it has had on your life. Factors taken into account will include the pain and suffering caused by the injuries, any psychological after-effects, and the degree to which the injuries stop you living your life as you used to.

Any compensation payment will be made up of general damages and special damages.

General Damages

General damages will be paid on the basis of the type of injuries suffered and how severe they are. The amount will also be a reflection of the way in which the injuries stop you doing things like pursing hobbies and interests, and the likelihood of recovery from those injuries in the future.

Examples of General Damage Payouts

The figure  for a general damage payout will be calculated with the help of the Judicial College Guidelines (JCG), a publication which sets out suggested payment ranges for specific injuries. Examples included in the latest edition of the JCG include:

• Moderate head injuries – £18,700 to £52,550
•  Loss of both legs – £293,850 – £344,150
• Severe neck injuries – £55,500 to £181,020
•  Loss of or serious damage to several front teeth – £10,660 – £13,930
•  Total loss of one eye – £66,920 – £80,210
•  Minor Hand, Finger and Thumb injuries – Up to £5,800

The team at Truth Legal will be able to make an estimate of the general damages you are likely to receive for a successful personal injury claim following a medical examination.

How is pain and suffering measured in a personal injury claim?

When we talk about pain and suffering in a personal injury claim we are referring to physical and psychological distress, as well as ways in which your injuries stop you living and enjoying your life. Any compensation paid for pain and suffering will be based on the following:

• The physical pain caused by your injuries.
• The emotional distress caused by your injuries, such as anxiety or PTSD.
• The degree to which your injuries stop you pursuing things like hobbies and interests.
• The prognosis for any future recovery.

The evidence used to gauge the pain and suffering caused by your injuries will include:

• A medical examination which we arrange with an independent expert.
• Your medical records, especially those relating to treatment since the accident.
• Your detailed personal statement explaining the physical and psychological impact the injuries have had on you.
• Statements from people such as friends and family who have witnessed the pain and suffering you have gone through.    

Special Damages

Special damages paid following a successful personal injury claim are meant to ensure that your injuries don’t have a negative financial impact. The amount paid is intended to return you to the financial position you would have been in if the personal injury had never happened.

This means that special damages will be calculated on the basis of any earnings or pension provision lost because your injuries stopped you working as you previously did. This could mean having to work fewer hours due to your injuries, stopping work altogether or having to switch to a job which pays less.

As well as lost earnings, special damages will cover any expenses which are directly caused by your injuries. These expenses could include, but aren’t limited to, the following:

• The cost of medical treatment relating to your injuries now and in the future.
• The cost of any care which you need as a result of your injuries now and in the future.
• The cost of any adaptations you need to make to your home or vehicles as a result of your injuries.
• An amount to compensate for any time which friends or family spend caring for you free of charge.
• Travel costs to and from medical appointments related to your injuries.
• The costs of any specialized equipment you need to purchase as a result of your injuries.

When we handle your personal injury claim we’ll explain exactly what you can claim for as special damages and the kind of evidence needed to support the claim. This evidence will include wage slips, bank statements, medical bills and receipts for direct expenses.

How can I find out how much my personal injury claim is worth?

You can find out how much your personal injury claim is worth by contacting the team at Truth Legal. Working on a no win no fee basis we’ll listen to your account of how you have been injured and the impact it has had on various aspects of your life.

We’ll also arrange an independent medical examination to ascertain the nature and extent of your injuries and how likely any future recovery is. By combining this evidence with your general medical records and the details of any financial impact the injuries have had, we will be able to estimate how much compensation we think you are likely to receive.

If this estimate changes at any time during the claims process we will keep you fully informed with an up to date figure. This could happen if your injuries are complex and the prognosis for any recovery changes, for example, or if you find that you are not able to carry on working as you previously did.

No matter what the circumstances are we will work to win 100% of the compensation we think you’re entitled to. Suffering an injury because someone else was negligent is traumatic and upsetting, and claiming a fair compensation payment could make a big difference to your physical and psychological recovery.