Most people want to know at the outset of a claim how much compensation they are likely to recover. While this question is understandable to ask, Solicitors cannot give you a value with any great certainty at the outset of your claim. To understand why this is the case, you need to look at how claims are valued. In law, another term for value is quantum. When a claim is initiated your injuries are more likely to be still ongoing rather than resolved, unless there was some delay between the accident and you bringing a claim for compensation.
Either way, to value a claim we rely upon medical evidence. We arrange for you to be examined and assessed by a suitably qualified and experienced medical professional. The type of expert that examines you will depend on the nature of your injuries. You may be examined by a General Practitioner Expert, an Ear, Nose and Throat Surgeon, an Orthopaedic Expert, a Psychologist, etc.
The medical evidence would need to cover all of your injuries to enable your Solicitor to value your claim. After being assessed by a medical expert, that expert will prepare a detailed medical report. This will document your injuries and we will ask that the expert gives a prognosis. Medical reports are usually lengthy documents as they also cover the circumstances of the accident, the effect on your employment and social life, whether you required additional care due to your injuries etc. In some cases you may need to be seen by 2 or more medical experts in order that we obtain specialist advice covering all of your injuries. For example a General Practitioner Expert may not be suitably qualified or experienced to comment on psychological injuries, therefore you would have to be assessed by a psychologist.
When we are in receipt of complete medical evidence which you agree with, we can look to value your claim. If you do not agree with the contents of a medical report then you could be re-examined or we may seek a second opinion from a different medical expert. Note that personal injury claims are valued based on the nature and extent of your injuries and the effect of those injuries on your life. This means that higher awards are naturally given to people who sustain injuries which will affect them for the rest of their lives. To value a claim we look at your injuries and the prognosis given. For example a medical expert may come to the conclusion that you have sustained a soft tissue injury to your neck and back. The expert may note that you should make a full recovery from this injury within 12 months of the accident. If you suffer beyond this period then re-examination may be required. If you recover in accordance with this prognosis then your Solicitor can look at guidelines and past cases in order to value your claim.
It is impossible to give an accurate assessment of how much compensation you will receive at the outset of a claim. Medical evidence is required. However as we are a team of specialist injury lawyers, we always strive to obtain the maximum possible compensation for our clients.
