When you have fallen victim to the negligence or recklessness of others and have suffered an injury, as a result, it can be difficult to know where to turn. The seriousness of your injury is another matter that you should consider, and the injury’s overall effect on your daily life. Therefore, it is vital from the beginning to have a rough estimate of the compensation so that you know what to expect. It is also crucial to have a personal injury solicitor who can file the claim on your behalf and not settle for anything less than you expected. But first of all, how can you judge your compensation based on your injury? Injuries can range from a broken leg due to a road traffic accident to chronic back problems caused by a situation at your workplace. So how do you decide on just and fair compensation to you? Here’s how to calculate payment after a personal injury: your all-important guide.
What You Should Remember
First of all, before you file a compensation claim, remember this: it is not always straightforward to calculate, especially if your injury is severe or for the long term. Amounts for compensation can vary depending on the circumstances, and they can vary on a case-to-case basis. Personal injuries can also vary, from road traffic accidents to beauty treatments gone wrong. But in general, you have to consider the severity of the injury and its effect on the individual’s daily life and even prospects. But if you can determine a ballpark figure, this would be a good start.
How It Is Computed
The compensation amount is directly proportional to the severity of the injury you (or someone you know) have incurred. In general, what it means is this: the more serious your injury is, the higher the compensation amount will be. For instance, damage to the soft tissue or even a broken bone would not receive the same compensation amount as a major brain injury.
The good news is that if you have a personal injury solicitor, they will be able to compute an approximate number based on a couple of factors – first, how severe the injury is, and second, the emotional and mental effects of said injury. So it would be wise to find a solicitor right away as they can tell you if your case is feasible and what compensation amount you can expect to receive, , for example, from https://shireslaw.com.
How Much You Can Claim
As mentioned, there are general guidelines for a majority of cases. They serve as the legal benchmark for such cases. For instance, if you have an extremely severe ankle injury, causing deformities and even amputation, you can expect compensation between £46,000 to 65,000. For an arm injury that is less severe (it merely restricts your movement but has a good prognosis for recovery, as is the case with fractures of the forearm), the compensation amount you could expect would be around £18,000 to as much as £36,000 or more.
To give you even more examples: if you have a temporary eye injury where your complete recovery can take a few weeks, your compensation can extend from £2,000 to £3,000. You can even be compensated for scarring, and if you have scars on your face which are significant and the psychological damage is substantial, you can receive anywhere from £9,000 to £28,000.
Anything from toe injuries to PTSD can be compensated, as long as there is physical proof of the injury and where it was sustained and how, and if you have someone negligent, reckless, untrained or lacking training, or ignorant, causing injury to your person. There is an ‘injury table,’ as it were, which is set forth by the Judicial College, and this can serve as a guide but can only go so far, as each case is different, and you have to factor in the special damages suffered by each person.
Types of Compensation
There are also different types of compensation, which can significantly impact the amount of payment you will receive. These are as follows:
General Damages (Solatium)
These damages are related to the suffering and pain you have incurred, and strange as it may seem, there is a list used by the legal system, and they refer to this list when they want to calculate compensation for various injuries. The figures may not be exact, but there is a ‘trend.’ For instance, for a head injury, compensation can be between £3000 and £6000. Major brain injuries can have compensation amounting to £20,000.
Any mental injury can be compensated, and for a temporary injury, it can be around £4,000 to £10,000, but for permanent or severe injuries, it can be upwards of £50,000. Speak to a personal injury solicitor about this, as they will be the first to tell you about the compensation you can claim based on your injury.
Loss of Income/earning
If you cannot work temporarily or permanently because of your injury, you can also ask for damages on your loss of earnings/income. Your solicitor would often confer with your doctor to learn how much time you need to recuperate; and based on this, they can come up with an amount that is fair to you.
Out of pocket expenses would include whatever expenses you had whilst you were tending to your injury, including your transport costs, living expenses, costs of a caregiver or nurse, and any other incidental expenses.
Loss of Society
There is also something called the loss of society, given to those who have lost a parent, child, or spouse. For example, if an accident occurred that resulted in the loss of a family member, you could claim an amount as compensation computed by your solicitors.
Other claims, such as loss of support, can be given in the case of a breadwinner. But, again, your personal injury solicitor should help you with this, ensuring that all compensation that is rightfully yours is given.