This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Read More
Here when you need us.
Expert legal support for you, your family and your future.
Call Us
01787 277375Most people aren’t aware that personal injury compensation awards in England and Wales are actually two separate calculations added together. The first part covers the injury itself and the latter is to recover what it’s cost you financially. Understanding that split can make the whole process a lot easier to follow, particularly if you’re trying to make sense of an offer that an insurer has already put in front of you.
At Wayman & Long we’re regularly asked about the process of personal injury claims and how potential payments work, which is why we’ve put together a guide below to help, should you ever need it.
The first part of a personal injury claim is known as general damages, and covers pain and suffering as well as the loss of amenity (ability to participate and enjoy social activities); essentially what the injury has cost you in quality of life rather than in money.
When we assess this part of a claim, medical evidence is important as it can help to establish the nature of your injury, including how it’s affected you and the likely long-term prognosis. We can then consider that evidence alongside the relevant Judicial College Guidelines to assess an appropriate level of general damages.
Where it often becomes tricky is when two people can have an identical injury on paper but end up with different general damages awards because the impact on daily life isn’t identical. A shoulder injury that stops someone from lifting their young children or ends a hobby which they relied upon, may be valued differently to the same injury in someone whose day-to-day life is affected less. This is why our team looks at how an injury has affected you personally rather than relying on the diagnosis alone.
The second part, special damages, covers financial losses connected to the injury. Unlike general damages, these losses can often be supported by evidence such as receipts, payslips, bank statements, travel records and invoices. They may include lost earnings, the cost of medical treatment or rehabilitation, care costs from where you’ve needed help at home, as well as travel expenses for appointments.
Part of our role is to identify the financial effects of an injury and the evidence that may be needed to support them. Some losses are immediately apparent, whilst others may only become clear over time, particularly where an injury affects someone’s ability to work or creates an ongoing need for care or treatment.
Where an injury affects your ability to work long-term, calculating future financial loss can be more involved, which is where the Ogden Tables may be relevant. These provide information used when calculating a present lump sum to reflect financial losses that may continue for many years. Factors such as age, life expectancy and future employment prospects can all form part of the calculation rather than by simply multiplying an annual loss by the number of years involved.
Compensation isn’t always paid in full, even where a claim succeeds. Under the Law Reform (Contributory Negligence) Act 1945, if you were partly responsible for your own injury, your compensation can be reduced by a percentage that reflects your share of the blame. A common example in workplace injury claims is an employee who wasn’t wearing safety equipment that was provided by their employer, such as a hard hat or high-visibility clothing. If their failure to do something meant that the injury was more serious than it would otherwise have been, a reduction can be applied to reflect that.
Importantly, being found partly at fault doesn’t usually stop you from claiming altogether; it simply reduces the final figure. A claim valued at £40,000 with 20% contributory negligence applied would result in compensation of £32,000, rather than the claim being dismissed entirely. If that failure contributed to the injury or made its consequences more serious, the compensation awarded may be reduced to reflect the claimant’s share of responsibility.
Many personal injury claims are funded through a ‘no win, no fee’ arrangement; formally known as a Conditional Fee Agreement. If your claim succeeds, your agreement is likely to state that a success fee will be deducted from your compensation. In personal injury claims, this is subject to a legal cap of 25% of certain damages recovered, excluding compensation for future financial losses. The amount you actually pay will depend on the terms of the agreement you enter into with your solicitor, so it’s important to understand how the fees will work before proceeding with a claim.
Because a final figure depends on medical evidence, financial documentation and sometimes questions around contributory negligence, online compensation calculators can only provide a rough indication. At Wayman & Long we look at the individual circumstances of a claim rather than relying on a standard figure for a particular type of injury. This includes considering the effect that the injury has had on your everyday life and any financial losses that may form part of the claim.
We’ll also explain how the claim will be funded and how any fees may affect the amount that you will ultimately receive, so that you understand the position before deciding how to proceed.
If you’re at an earlier stage and aren’t sure what making a claim involves, you can also read our guide on how to make a personal injury claim here. Alternatively, get in touch with our team to discuss your circumstances and find out how we may be able to help.
How long does it take to find out how much a personal injury claim is worth?
It depends on the circumstances of the claim and the medical evidence available. Where an injury is still developing or the long-term effects aren’t yet clear, it may be necessary to wait for a clearer prognosis before the full value of the claim can be assessed.
Can I receive compensation before my personal injury claim is finished?
In some cases, an interim payment may be available before the claim is finally settled. This can be particularly relevant where liability has been admitted but the final value of the claim cannot yet be determined.
Can the value of my personal injury claim change during the case?
Yes, an early estimate isn’t necessarily the final value of a claim. Further medical evidence, the progress of your recovery and additional financial losses can all affect the eventual calculation, which is one reason why compensation cannot always be valued accurately at the beginning of a case.
Created & Managed By Space Rocket Digital