Claims for compensation are split into two “heads” of damages; one is referred to as General Damages and the other Special Damages. The latter is any losses that you have suffered as a result of your claim such as loss of earnings, travel expenses, medication expenses and care and assistance.
This is calculated by your solicitor who compiles a schedule of loss to send to the defendant proving this head – this is why your representation may request wage slips and other documents to support your losses. General damages is the compensation awarded to you for the pain and suffering that has been caused by somebody else’s negligence; this is what this blog will focus on.
So how are general damages calculated? This is something that a lot of Client’s will ask at the beginning of the case and at this stage it is often very difficult to say as the main thing that compensation is based on is medical evidence. This is purely because the more severe your injury and the longer you are affected by the injury, the more compensation you are entitled to and the more compensation we will try and claim for you.
Therefore, asking this question at the beginning of a case will often be responded with “vague answers” and this is not because we don’t understand what it is you’re asking, more like it would be irresponsible and possibly negligent of ourself to give you a figure at this stage!
As part of the claims process you will be sent to a medical expert who compiles what is called a medico-legal report. This report will include things such as the effect the injury has had on your working life, everyday life and a prognosis period. This is the most important thing! The prognosis period states how long the expert feels you will be affected by the injury and of course the longer this time is the more compensation you are entitled to – therefore you would usually not settle your claim prior to this date expiring to ensure you are settling your claim at the correct figure. For example; if you are still suffering after an initial prognosis of 6 months we would consider a further report with a new prognosis period and consequently the amount of General Damages would increase.
Something that your representatives may be able to give you is something called the Judicial Studies Board Guidelines brackets for your injuries. These are what solicitors use to value claims but they are incredibly wide as the medical evidence will ascertain which bracket/value your claim will be.
