How the value of a compensation claim is calculated

We are often asked "how much will my claim be worth?", but to be honest this is a very difficult question to answer as there are a lot of variables to consider. We, and a lot of other sites, offer a compensation calculator that gives figure based on guidelines issued by the courts but in truth this is only a starting point.

In order to accurately put a value on a claim we need to understand what has happened, how it happened and what the imapct has been on the injured person's life. We will then be able to build an argument for the amount they truly deserve.

There are four elements that we take into account when preparing a claim:

General Damages

This is the amount paid for the injury itself, including an amount for pain and suffering. There are guidelines produced but the figure does vary dependent on the severity of the injury, for example a person suffering from a broken arm which is expected to recover fully should receive less general damages than a person whose arm was broken in multiple places and needed pinning and was likely to have some loss of strength.

The normal claims process involves being reviewed by a medical expert who will assess the injuries and make a judgement on any likely long term effects.

Special Damages 

This provodes compensation for any expenses or losses that are a direct consequence of the injury. The sort of things that are often considered are loss of earnings, additional transport costs and damage to personal effects.

It is important to keep a record of any such expenses (ideally with receipts) so that all losses can be claimed for.

Future Losses 

If the injury is going to have a continuing effect a claim can also be made for future losses for example loss of earning potential.

Whilst these losses are often more difficult to calculate in a serious injury they can form a major part of the claim.

Interest 

The last part of the claim may include interest, there will be a period of time between the accident happening and the claim being settled. It may be possible to claim for the interest that would have been earned on the settlement amount had it been paid immediately.

Categories: General