As a firm of personal injury lawyers, we are often asked about the potential value of a claim. First of all, it is very difficult to say with any certainty how much your claim is worth at the outset. This is because we need medical evidence to document your injuries and to confirm that your injuries are caused or related to the accident in question. We use this medical evidence to help value your case. In addition to medical evidence we use past cases (known as case law) to help value your claim. We can look at cases where the Claimant sustained similar injuries to you and see how much compensation was awarded in these cases. When looking at past cases, we do apply an uplift to bring any amount up to what it would be worth today (i.e. a case worth £2,000 in 1999 would be worth more than £2,000 in 2013 when you take into account inflation).
At the outset of a claim we could only give you a very rough guide as to the likely value of your claim. This comes from the JC Guidelines which also provide some assistance when valuing personal injury claims. The problem with the guidelines is that the brackets are wide. Also, at the start of a claim, we do not have medical evidence to confirm that your injuries were caused by the accident. Therefore even a rough valuation given at the start of a claim could, in some cases, be significantly different to the compensation you are actually awarded. Your injuries could become significantly worse over time meaning that, if these additional injuries or more severe symptoms can be linked to the accident, the value of your claim may increase. Equally the medical evidence may not be fully supportive (i.e. not all of your symptoms may be linked to the accident) or there may be litigation risks, thus meaning the value of your claim may decrease.
So, we can look at the JC Guidelines to give you some idea. If your injury is a broken ankle, we can look at the Ankle Injuries section. This section is then broken down to (a) very severe, (b) severe, (c) moderate, (d) modest injuries.
It is noted that few injuries would fall within the very severe section. The injury would have to be significant including a “transmalleolar fracture of the ankle with extensive soft-tissue damage resulting in deformity and the risk that any future injury to the leg might necessitate a below-knee amputation, or cases of bilateral ankle fractures causing degeneration of the joints at a young age so that arthrodesis is necessary.” It would be a significant and unusual injury to fall within this section, the bracket of compensation reflects this at £40,480 to £56,320.
The severe section notes a compensation bracket at £25,300 to £40,480. This section includes “Injuries necessitating an extensive period of treatment and/or a lengthy period in plaster or where pins and plates have been inserted and there is significant residual disability in the form of ankle instability and severely limited ability to walk.”
It is further noted that “The level of the award within the bracket will be determined in part by such features as a failed arthrodesis, the presence of or risk of osteoarthritis, regular sleep disturbance, unsightly scarring, impact on employment and any need to wear special footwear.” Again, this would be a significant injury with a big impact on the Claimant’s life to fall within this bracket.
The moderate section awards compensation between £11,110 and £21,505. This section would include the following injuries “Fractures, ligamentous tears and the like which give rise to less serious disabilities such as difficulty in walking on uneven ground, difficulty standing or walking for long periods of time, awkwardness on stairs, irritation from metal plates and residual scarring. There may also be a risk of future osteoarthritis.” To fall within this section, the injury must have a fairly significant effect on the Claimant’s life.
The final and lowest bracket is modest injuries. This will probably be the correct bracket for the majority of cases involving ankle injuries. Injuries within this bracket can be worth up to £11,110. The following injuries would fall within this bracket “The less serious, minor or undisplaced fractures, sprains and ligamentous injuries. The level of the award within the bracket will be determined by whether or not a complete recovery has been made and, if recovery is incomplete, whether there is any tendency for the ankle to give way, and whether there is scarring, aching or discomfort, loss of movement or the possibility of long-term osteoarthritis.”
The section goes on to state that, where recovery is complete without any ongoing symptoms or scarring, the award is unlikely to exceed £6,215. Where recovery is complete within a year, the award is unlikely to exceed £4,455. Modest injuries which resolve within a shorter space of time will attract a lower amount.
You can see from the above that the brackets are wide ranging and most injuries are likely to fall within the lower brackets. It is less common for the top brackets to be met, as this would be an unusual and very significant injury. We may be able to give you a bracket at the start of your claim, but this is far from a definitive valuation.
To discuss a potential claim do not hesitate to contact us today.
