How do you calculate compensation for a road traffic accident

Aim of the compensation

When you have been injured in a road traffic accident due to someone else's negligence, compensation is awarded. The settlement should not only compensate you for the pain and suffering you have to endure, but also put you in the same financial position you were in before the accident happened. Compensation is therefore split into two categories: general damages and special damages. Click here for more info on making a claim.

The nature of damages

Both general damages and special damages are highly individual and are calculated separately for each accident. We know that no accident and no life is the same. This is why we consider different aspects for each accident and end up with a payout that reflects the impact of the accident on your life.

General damages

This is the legal term used for the amount of compensation you will receive for the pain, suffering and impact on your quality of life that you have to endure as a result of the injuries you have suffered. These can include the following aspects of your life:

• Life quality: Pain, immobility and mental anguish can influence your everyday life, making small tasks challenging and leave you more dependent on others.
• Job: Your road traffic accident may not allow you to return to the job you loved and your injuries and physical pain could make it more difficult for you to find another job. Both aspects should be considerd in the calculation of general damages.
• Companionship: If you have lost a loved one in a road traffic accident, the loss of companionship for family members has to be factored into the calculation of the final settlement.

Special damages

This is the legal term used for any ‘out of pocket expenses’ or otherwise, anything you have had, or will have to pay due to the road traffic accident, such as:

• Damaged property, e.g. your car, bike or motorcycle
• Rehabilitation, treatment and/or physiotherapy
• Loss of earnings (and future loss of earnings if your injury has impacted your ability to work in the future)
• Aids and equipment
• Modifications to your home, e.g. a stairlift or ramps
• Care and future care costs, e.g. if you need a gardener, a housekeeper or a meal service because you are unable to cook.

These special damages take the course of your future life into account and life-long costs for housekeeping, aids and loss of earnings have to be estimated carefully.

For more information on how long it can take to receive a pay-out, for a road traffic accident please read this article.

Supporting your claim

To get the compensation you deserve you have to:

• Collect your evidence carefully: compelling evidence, medical records and receipts, which are related to the accident will support your case.
• Work with an expert solicitor: their skills will highly influence your compensation settlement.

If you have suffered a road traffic accident, contact us for free legal advice.