How Much Compensation Can You Get For Personal Injury Claims?
By Cat Way. Last Updated 27th February 2023. If you have been injured through the fault of another you have a legal right to make a personal injury claim for compensation.
Suffering an injury can mean that your life is disrupted, it may mean that you have suffered a physical injury or illness but it also might mean that other parts of your life have suffered as consequence.
Compensation is provided to help a victim of personal injury rebuild their life back as quick as possible so that they can return to life as it was before the accident happened.
People suffer personal injuries as a consequence of the negligence of others and through no fault of their own. Sometimes the injuries that are caused can be mild while other injuries can be very severe, it all depends on how the injury is sustained and the person who unfortunately falls victim to it.
We offer any potential client the opportunity to have their case heard through a free consultation where they can be given free and confidential advice regarding their case with no obligation to appoint us as your law firm.
Simply call us on the number at the top of this page to learn more.
Select a Section
- What is a Personal Injury Claim?
- How to Start a Personal Injury Claim?
- Typical Payouts For A Personal Injury In The UK
- Average Personal Injury Compensation Amounts
- Time Limitation Period for Personal Injury Claims
Personal injury is a broad term that covers those who have been injured physically, mentally and have been taken ill by illness or disease which is a direct consequence from the negligence of a third party.
According to the Law Society over three million people are injured each year due to accidents. Personal injury in itself is a legal term and is closely linked to tort lawsuit which alleges that injuries that have been sustained by the claimant are due to the negligence of the plaintiff or defendant There are different situations where personal injury claims can arise and these are;
Road Traffic Accident (RTA) –
Road traffic accidents occur when a vehicle or vehicles (including cyclists) collide and cause a collision on the road.
Road traffic accidents do not always mean two vehicles or more have collided, it can be that a single vehicle has collided with a pedestrian, road debris, a tree or any other road side obstacle.
Accidents at Work (Employers Liability) –
Accidents that happen at work can happen for a variety of reasons. Some are due to employers not following health and safety law and procedures correctly. And allowing employees to work in ill fitting settings without the proper work related tools and environment.
Accidents that happen at the work place can be very serious and it is vital that employers carry out all health and safety procedures correctly ensuring that their employers are kept safe and out of harm’s way.
Slip, trip and Fall –
Such accidents can happen anywhere in public (public liability) or privately owned premises (occupiers liability).
Slips can happen due to premises having wet floors without any signs indicating that the floor is wet.
Trips often occur due to loose flooring, obstacles in the way that are placed unnecessary. Often a lot of trips happen due to poor maintenance of pavements, where pavements are broken or have lifted and have not been fixed.
Pavements are allowed to be slightly damaged and for a person to make a valid public liability claim regarding an uplifted pavement the defect has to measure 1 inch or more as it is accepted that walk ways do experience damage and it would be almost impossible to keep every pavement free from any defects. Falls generally happen due to slips and trips.
Starting a personal injury claim is easier than most people think. The hardest part is actually deciding to go ahead and make a claim.
It is always advised regardless of the personal injury case whether it is considered a straight forward or complicated case that a solicitor is appointed as any good standing solicitor is very familiar with the process of making a claim and will get you the compensation you deserve.
We offer any client a service that caters for all their needs to ensure not only that they are happy with how their case is run but so that their case reaches it maximum potential and that the compensation that is awarded is more than sufficient.
After selecting a law firm in which to appoint your case you will be required to go through various questions regarding the accident. Personal information will be taken first off, details such as your full name, address, date of birth and so on will be needed.
A description of how the accident came about will probably be the next few questions and details of who you feel is responsible will also be taken. It’s important at this stage to give all details of the injury that has been sustained and if any medical attention has been sought. We always say seeking medical attention is important especially to be checked over to ensure no real damage has been done and also so that medical evidence is present for your case.
Mentioned above are the main details that have to be taken to start any personal injury claim, these initial questions take about 10 minutes and are often all that is needed to start the case straight away.
Compensation for a personal injury can vary from case to case. Because of this, we can’t offer any typical payouts for a personal injury. However, we can explain the two heads of claim that you could pursue.
The first head of claim is general damages. This head of claim provides compensation for your injuries as well as the suffering and pain they cause. When solicitors evaluate this head of claim, they can use the Judicial College Guidelines (JCG). The JCG provides legal professionals with compensation guidelines for different kinds of injury. You can see some examples of these guidelines below.
|Brain injury||Moderate (i)||£150,110 to £219,070||No prospect of employment due to significant epilepsy risk, personality changes, impact on senses and moderate to severe intellectual deficit caused by brain damage.|
|Digestive system||Traumatic injury (i)||£43,010 to|
|Continuous pain along with discomfort from a traumatic injury causing severe damage.|
|Neck||Moderate (ii)||£13,740 to £24,990||Movement limitations along with pain, stiffness or discomfort from soft tissue or wrenching injuries and severe disc lesions that cause cervical spondylosis.|
|Achilles tendon||Moderate (c)||£12,590 to £21,070||Significant injury or partial rupture.|
|Arm||Other (d)||£6,610 to £19,200||Simple forearm fractures.|
|Psychological injury||Moderate (c)||£5,860 to £19,070||There have been some problems coping with life and personal relationships. However, prognosis has been made towards improvement and the overall prognosis is good.|
|Chest injuries||(d)||£12,590 to £17,960||Some tissue damage but no significant long-term impact on lung functioning from a relatively simple injury, such as a penetrating wound.|
|Shoulder||Moderate (c)||£7,890 to £12,770||Frozen shoulder and movement limitations with discomfort that lasts for about two years. Also includes non-permanent soft tissue injuries with symptoms that last beyond two years.|
|Leg||Less serious (c) (iii)||Up to £11,840||Soft tissue injuries or simple fractures to either the tibia or fibula.|
|Sight||Minor (h)||£3,950 to £8,730||Pain and some vision interference that is temporary caused by minor injuries to the eye.|
Personal injury claims payouts can also include special damages. This second head of claim is aimed at the financial losses your injuries may have caused you. For example, special damages could help you claim back the cost of travel between hospital appointments, mobility aids, medical bills, and lost earnings.
However, to claim under this heading, you may need to provide evidence of your losses. Because of this, keeping track of receipts, invoices, and bills related to your losses can be helpful.
To find out how one of our solicitors could help you claim compensation for a personal injury, get in touch with our team today.
Probably a very common question a potential personal injury client will always ask is ‘how much compensation will I get?’ and although the question seems straight forward it is in reality difficult to answer.
Personal injury compensation amounts are multidimensional; there are several different areas within the term ‘personal injury’ such a road traffic accident or injury at work which in themselves have sub-sections. To give an average amount on a person’s personal injury compensation claim is challenging to say the least especially at the initial stages of any compensation claim case.
No two cases of personal injury are ever the same; they may appear similar but will no doubt have differences.
People have different personal circumstances, different financial positions, pain and suffering is likely to differ from one person to the next. At the beginning of every personal injury compensation case giving a precise amount of compensation is near on impossible however it is possible to give an average estimate of how much compensation might be awarded but future pain and suffering plus future financial expenses may not be able to be included as at this stage as the prognosis is still unknown.
A more precise amount can be calculated once the claimant of a personal injury case has been assessed by a medical expert and the doctor has compiled a medical report. The medical expert will be able to give a prognosis and that is when any future pain and suffering plus any financial losses can be calculated.
In most cases there is a three year time limitation to personal injury claims, meaning that anyone who has suffered a personal injury accident has three years from when the accident took place to file the claim. If a claim is not pursued within the three years from when it happened it becomes time barred or statue barred. There are exceptions. If a person is left brain damaged as a result they have a life time to make a claim as there is no time restriction for such an injury. Those who suffer mental health issue have three years from the time they have clinically recovered from their current mental illness.
Also it’s important to say that although an accident may take place the consequences of the accident may not surface for some time. In this instance the date of knowledge is accepted as the starting point for the three years.
Children who suffer personal injury also have exceptions as the three year limitation does not begin until they turn eighteen. They have until they are 21 years of age to make a personal injury compensation claim.
We have lots more guides on personal injury claims which you can browse below:
- A guide to the claims process
- Climbing wall activity accident claims
- Claiming compensation for quad bike injuries
- Activity centre injuries – how to claim compensation
- Claiming compensation for a mountain bike injury
- How does the personal injury claim process work?
- Missing tile accident claims
- Success fees in personal injury cases
- How many claims go to court?
- Special damages in personal injury claims
- CCTV footage in personal injury cases
- Claiming compensation for injuries caused by faulty furniture
- How to claim against your employer
- Compensation tables for personal injury
- Try our personal injury claims calculator
- Multi-story car park accident claims
- The Pre-Action Protocols in personal injury