How much your claim is worth is determined by taking two main categories of damages into account, namely special damages and general damages.
General damages are concerned with the:
- Extent of your accidental injury
- Pain and suffering caused by the injury
- Potential permanent disability
- Emotional damage resulting from the injury
For compensation claims, the extent of a personal injury, the pain, suffering and emotional damage it is likely to cause and the likelihood of permanent disability have to be evaluated by an independent medical expert.
Special damages are calculated by adding all incurred medical and other expenses, including:
- Loss of earnings
- Provision of care
- Necessary adaptations to the victim’s home or vehicle and
- Any other costs the claimant had to cover as a result of his or her injury.
General damages and how much your claim is worth
While special damages are pretty straightforward to calculate, determining how much your claim is worth in terms of general damages very much depends on the severity of your injury and the effect it has on your daily life. In cases involving slips, trips and falls causing only minor injuries, for example, the general damages awarded are likely to be far lower than those awarded following a fall from height causing severe brain or spinal injuries likely to result in permanent disability.
Deciding how much your claim is worth
The decision how much a claim is worth can be reached by negotiations between the defending party’s legal team (typically including insurance adjusters) and your solicitor or team of solicitors. If no decision can be agreed upon in this manner, the case may have to go to court, in which case the compensation amount will be decided upon by the presiding judge following careful examination of all evidence provided by both parties.
Due to the inevitable differences between cases, we cannot guarantee how much compensation you will ultimately be awarded for a slip, trip or fall injury; a car accident or an accident at work. We can, however, promise that after more than 15 years of successfully conducting personal injury claims, our legal team has the necessary experience and legal know-how to ensure you receive the best possible compensation due to you. Discover more about claiming with the help of Accident Advice Helpline experts by chatting to one of our helpline advisors on 0800 689 0500 or 0333 500 0993 from a mobile today.
Date Published: December 9, 2015
Author: David Brown