How much is my claim worth?

If your claim is successful, you will be awarded compensation. This payment is meant to put you in the same financial position you would have been in if you hadn’t been injured.

The Courts will decide on the amount of compensation you should get by looking at a range of different things. These are:

Damages for pain, suffering and loss of quality of life

These are often referred to as “general damages” and cover the amount of money you receive for the actual injury you have suffered. The amount you receive will depend on the type of injury, how serious it is and the impact it will have on your normal everyday life and activities, such as sports and hobbies.

Damages for your past financial loss

This is known as “special damages” and covers all financial losses that you have suffered because of your injury and any expenses you have had to pay since getting injured.

There are a whole range of areas that will be taken into account here, which include:

• Loss of earnings (net of tax and National Insurance) 
• Any private, medical or therapeutic costs (e.g. physiotherapy) 
• The cost of any equipment and aids you have had to buy 
• Travelling expenses incurred by you and your family because of your injury 
• The value of care that is provided by your family, partner or friends after you have been discharged from hospital

It is very important that you keep a record of all the costs you have incurred and that you keep receipts for all the items you have bought as a result of your accident. Your solicitor will use these as proof of what your accident has cost you.

Damages for future losses and expenses

You may well suffer long-term financial losses and ongoing expenses as a direct result of your injury. This is the most complicated amount for the Courts to calculate and they will take into account some or all of the following: 

• Future loss of earnings, including the loss of any promotion prospects.
• The cost of providing your personal care in the future, even where it is likely that a relative will provide care on a voluntary basis.
• If necessary, the cost of a Case Manager. 
• Losses that will arise if you need special housing, including any extra domestic expenses. 
• The cost of physiotherapy and any other specialist therapeutic care. 
• The cost of any special equipment or aids that you might need, including annual maintenance and replacement costs. 
• Extra transport costs, particularly if you need a specially adapted vehicle.

As you can see, there’s a lot for the judge to consider, so calculating how much compensation you should be awarded can often be a complicated process. They may need further information from medical or care experts, employment specialists and architects (if your house needs adapting) in order to make a fully informed decision. This is perfectly normal and your solicitor will keep you updated on any progress along the way.

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