Compensation in a personal injury claim is calculated carefully, based on the specifics of the injury itself and the circumstances in which it occurred. The compensation is broken into two elements: general damages and special damages. General damages cover the pain, suffering and loss of amenity caused by your injury. This part of the award is assessed based on the severity and duration of your symptoms, and the prognosis for any long-term or permanent effects - for example, a serious injury that leads to a permanent disability will result in more compensation than a relatively minor injury that heals completely. If your ability to work, carry out domestic tasks, enjoy hobbies or maintain relationships has been restricted by your injury, this will also be accounted for by our expert personal injury solicitors, who will aim to secure the maximum amount of compensation for you.
Our solicitors will commission medical reports from independent experts and consult the Judicial College Guidelines, a publication that sets out minimum and maximum compensation brackets for different injuries. These guidelines are based on previous court decisions, so the amounts reflect typical awards for injuries of similar severity.
Special damages aim to cover your past and future financial losses related to the accident. These are calculated based on evidence of actual costs (using receipts and invoices) and anticipated future expenses based on estimates by independent experts. They can cover a range of expenses, including:
- Lost earnings if you had to take time off work or will be unable to return.
- Medical expenses for treatment, physiotherapy or counselling.
- Care and assistance provided by professionals or family members.
- Travel expenses to medical appointments.
- Costs of adapting your home or vehicle if you are left with a disability.
Most claims settle out of court, through negotiation between your solicitor and the defendant’s insurer. This is one reason why it's vital to work with a solicitor you trust, as they will represent your interests in these negotiations. The personal injury solicitors at Switalskis will fight to secure the maximum compensation to make sure your needs are met moving forward from your injury.
Every claim is individual, as even two people with similar injuries might recover differently and face different financial impacts. This means that there is no set or average amount of compensation awarded for personal injury claims. The only way to get a realistic sense of how much compensation you could be owed is to speak to an experienced personal injury solicitor about your circumstances.