How much compensation could I receive for my injury?

This question is one that I am asked frequently when providing initial advice to individuals that have been involved in accidents.

It is natural to be curious as to what level of compensation you may receive. However, the question is a complex one and it is helpful to know what is considered when valuing a claim.

Beware of solicitors who are eager to give you a figure at the outset

If you are told, within the first phone call, that your claim will be worth ‘X’ pounds, be very wary. No one should be able to provide you with an immediate assessment of the amount of money you could receive (legally referred to as ‘quantum’).

Much will depend on how your injury progresses. Claims are valued by referring to a book called the ‘JC Guidelines’, which provides brackets of compensation to be used as a guide and by considering claims involving similar injuries, that have been through the Court process previously.

This assessment, however, is detailed and wide ranging. When advising clients, I warn them that the value of the claim will not be considered until its conclusion, when all the evidence has been considered.

Imagined, worked example

Consider a scenario where an individual fractures a bone (a simple metatarsal fracture) in their foot. In the first case the healing process is swift, the Claimant is off work for a few weeks and has pain and suffering for six months, but is largely recovered within eight months.

The bracket applicable in JC Guidelines for such a scenario would be up to £6,580. The Claimant incurred loss of earnings of £600 and no other losses, making a total settlement of £7,180.

In our second, imaginary, case there is a similar injury, involving a displacement of the metatarsal. However, this injury requires six months off work and serious rehabilitation.

The claimant is not back to anything approaching normality for two years and is left with an ongoing ache that is unlikely to resolve for some time.

The JC bracket applicable is between £12,900 to £23,460. If we estimate the claim falls towards the middle of the bracket the applicable amount is approximately £18,000. The Claimant also incurs loss of earnings of approximately £7,000 and has other losses amounting to around £1,000. The total settlement in this case is £26,000.

Although these are very basic, worked examples, which make many assumptions and have not involved the full procedure applicable to a through assessment of value, it demonstrates how very similar injuries can equate to vastly different settlements.

One step at a time

It is also important to bear in mind that claims proceed in stages:

1. Collation of evidence and submission of the claim form, or letter of claim.
2. Decision on liability.
3. Medical evidence and evidence gathering in relation to other losses.
4. Valuation of the claim and settlement.

Point (2) is crucial to how the matter proceeds. If liability is admitted, then the next stages commence. If liability is denied, however, this is more complicated and a good legal representative will pause to assess whether the chances of succeeding exceed 50%. Cases where we are likely to lose will not continue.

If we are able to fight the negative decision, however, then the ‘real work’ begins and it could be some time before the final settlement or liability decision is reached.

Compensation for the injury itself

Legally this is referred to as ‘general damages’. I mentioned earlier that this is calculated based on specific documents available to a firm of solicitors when valuing a claim.  Choosing the right firm of solicitors at the outset if crucial to ensuring that the value of the claim is properly considered.

You will remember that I warned to beware of anyone who is willing to give you an immediate valuation. This is because, if such a ‘cavalier’ attitude is applied to how much claims settle for at the beginning of the claim, it is likely that a similar lack of care will be applied in considering how much it should settle for at its conclusion.

Compensation for losses (both those that have already been incurred or will happen in the future)

Another reason to carefully consider your representation is that it is vital all losses are considered. Often, in a serious case, loss of earnings can be worth far more than the amount of compensation for the injury itself.

All settlements are full and final, and whilst it might be possible to legally pursue a firm of solicitors who have done a poor job, it can be very difficult to do so. Much better to choose a good firm, whose advice (and assessment of the amount of money you should receive) is thorough and ‘sound’.

Conclusion

• It is natural to be curious as to how much you might receive, but try and see the whole picture and consider carefully whether to choose a firm that is more cautious and careful in their assessment of both your claim and your potential compensation.
• Beware of ‘compensation calculators’ which can sometimes be found online. As the worked example demonstrates a ‘compensation calculator’ can give an extremely inaccurate figure that leads to problems later on.
• Make sure that any settlement includes a proper consideration of all your losses. Keep track of any money you spend as a result of your injury and keep any receipts so there can be no question of their recoverability.
• Keep your solicitors up to date on your progress and ensure you take advantage of any rehabilitation that is offered (should this be an option).
• Choose the firm who represents you very carefully and be wary of anyone who gives an immediate assessment of the value of your claim.

Further reading

Accidents at Work

Accidents in Public Places