One of the most common questions people ask when they make a claim is ‘how much will I receive from my claim?’ If you have been injured as the result of an accident that was not your fault, you are entitled to claim compensation. In the majority of cases, financial compensation is the only remedy available and it is only natural for claimants to want to know how much they will receive.
There are two types of compensation, or ‘damages’ as they are formally called – ‘special damages’ and ‘general damages’.
Special damages are those paid to compensate the claimant for the actual financial losses caused as the result of an accident. The aim of a personal injury claim is, as far as is reasonably possible, to put the injured person back in the position that they would have been in had the accident not have occurred.
These include damage to property, the cost of prescriptions and medical treatment, travel expenses, and any loss of earnings caused by the accident and the injuries. The amount of special damages paid is based on the actual loss to the injured claimant, and we must usually provide proof, such as receipts or wage slips. It is important to keep a record of any losses and any expenses that had to be paid because of the accident.
General damages are much harder to calculate. In most cases these will only be paid for the pain, suffering, and the loss of enjoyment caused by the injuries. There are guidelines issued by the government’s legal department that provide rough valuations for different types of injuries. Solicitors also look at the amount awarded by the courts for similar injuries in the past.
The amount of damages paid can depend on many different factors, which can mean that two people with what appears to be the same injury can receive very different amounts of compensation. The sort of things that can make a difference will include the age of the person, sometimes whether they are a man or a woman, and how the injury affected their life specifically. The medical report is important evidence used to value the claim, but the final figure is often arrived at following lengthy and detailed negotiations by solicitors acting for the claimant and defendant.
In more complicated cases, particularly where the injuries are serious, general damages will include payments for ‘future losses’. This is compensation that is paid because the claimant will have to pay money out because of their injuries in the future, such as the cost of buying equipment they need to cope with their injuries. It also includes compensation if the claimant will lose money in the future, for example if their injury means they can no longer work, or that they will have difficulty getting a job.
At The Injury Lawyers we always aim to get you the maximum amount of compensation in the shortest time possible. Feel free to contact us at any time for friendly advice on your claim for compensation.
