Often at the outset of a claim people will want to know how much compensation they are likely to receive. Solicitors can sometimes give very basic and straightforward estimates but at the outset you should be aware that it is impossible to value a claim with any accuracy.
Any value given is simply an estimate which cannot be relied upon. If you understand how claims are valued then you will realise why Solicitors cannot give accurate valuations at the outset.
So how are personal injury claims valued?
Put simply the value of a claim will depend on the injuries sustained and the effect of the injuries on the Claimant’s life. The conduct of the Defendant’s negligence does not have an effect on the value of a claim. By this I mean a Defendant may have caused your injuries by accidentally shunting into the rear of your vehicle. On the other hand a Defendant may have been incredibly reckless and drove into your vehicle at 60mph having passed through red traffic light signals. In terms of the claim for personal injury the nature and extent of the Defendant’s negligence does not affect the value of a claim. Obviously going through a red light could cause implications for the Defendant in terms of criminal action but this does not affect a personal injury claim. With a more severe accident you would expect more severe injuries but a claim is valued solely on the injuries suffered and the effect of the injuries on the Claimant’s life.
We value claims on the basis of medical evidence. In some cases we may seek a medical report from a General Practitioner Expert and in other cases we may seek a medical report from an Orthopaedic Expert. The type of expert instructed will depend on the nature of the injuries sustained. In some cases multiple medical reports may be necessary to ensure that all aspects of the Claimant’s injuries have been covered. For example the Claimant may have sustained psychological symptoms in addition to a whiplash injury. In this scenario it may be appropriate to obtain a medical report from a General Practitioner Expert to cover the physical injuries and a Psychologist to cover the psychological injuries.
Medical experts should give a prognosis as to when they think the Claimant’s injury will have resolved. For example an expert may say that the Claimant sustained a whiplash injury to the neck and back in the accident which should resolve completely within 12 months of the accident. When a prognosis is given it is possible to look at past cases and to potentially have a rough estimate of the value of the claim. Of course this is in terms of valuing General Damages for personal injury and loss. There may also be a claim for Special Damages on top of this which may cover medical expenses, travel expenses to and from the physiotherapist etc.
Once medical evidence is obtained a Solicitor can look at past cases to value a claim. There are also JSB Guidelines which give rough values for certain types of injuries. While it is not possible to value a claim to a precise figure, when medical evidence is obtained a Solicitor should be able to provide a bracket (for example between £2,500 and £3,000) which would be a reasonable settlement figure for the injuries sustained.
