Personal Injury Settlement Amounts
What’s my claim worth?
To get the right amount of compensation you need good solicitors who know what they are doing.
The other side’s insurance company and their solicitors will do everything in their power to persuade you and the court that you do not have a good case or that you are not entitled to parts of your claim. You need expert personal injury solicitors who know the system and how to get the compensation you are entitled to and what your claim is worth.
Each case is different even those which appear to be identical.
Two people with neck/whiplash injuries in the same accident can end up with strikingly different amounts of compensation.
There are two main components to valuing a claim to achieve a settlement:
1. Your injuries : Pain, Suffering and Loss of Amenity (General Damages)
- Dependant upon your injuries and largely based upon what is said in your medical report.
- The greatest proportion usually derives from the length of time you are in pain eg you get more for long term back injuries than short term intensely painful burns.
- The court decides the award by assessing your case with reference to the Judicial Studies Guidelines issued to every judge and by reference to similar reported cases (usually in the yellow volumes of Kemp & Kemp) and adjusted for age and pre-accident capabilities of the victim and inflation over the years. Then the judge can apply his own individual discretion after this process to arrive at figure to suit the individual circumstances of the case. Valuing damages for injuries has been described as “more Art than Science”. There is no substitute for experience.
The figures suggested according to the latest Judicial Studies Guidelines are:
Neck injuries (Whiplash)
- Usual case whiplash £1,450 – £6,600
- Very Minor Whiplash £500 – £2,050
- Moderate i.e. fairly serious – serious whiplash £6,600 – £20,900
- Moderate to Severe whiplash £20,900 – £124,000
- Recovery within 3 months to 2 years £2,050 – £6,600
- Recovery within 5 years £6,600.00 – £10,450
- Moderate £10,450.00 – £32,420
- Severe £32,420.00 – £135,000
- Minor shoulder injury recovery within about 1 year £2,050 – £3,630
- Minor shoulder injury recovery within 2 years £3,630 – £6,600
- Moderate shoulder injury £6,600 – £10,670
- Severe/serious shoulder injury £10,670 – £40,150
- Usually £5,500 – £16,060
- With recovery within a few weeks of less than 12 months £2,940 – £3,960
- Broken Wrist uncomplicated and complete recovery £4,850
Post Traumatic Stress Disorder / Psychological injuries
- Severe £36,000 – £76,000
- Moderate to Moderate/Severe £3,875 – £36,000
- Minor PTSD / Psychological £2,600 – £5,400
- Tetraplegia/Quadriplegia (Four limbs paralysed) £271,000 – £338,000
- Paraplegia (Lower limbs paralysed) £183,000 – £238,000
- Severe Brain Damage £23,600 – £338,000
- Total Blindness / Deafness £265,000
- Total Blindness £225,000
- Total Loss of One Eye £46,000 – £55,000
- Total Deafness £92,000 – £118,000
- “Normal” Deafness claims/Tinnitus £5,860 – £38,000
Asbestos related disease
- Mesothelioma £58,500 – £106,000 (but usually in the region of £75,000.00)
- Lung cancer £58,500 to £81,500
- Asbestosis £12,500 to £88,500 (respiratory disability being 20% likely to be in the region of £50,000)
- Pleural thickening £25,000 to £151,500
- Asbestosis and pleural thickening where respiratory disability is 1 – 10% – £12,600.00 to £32,120.00
Please note that in the most serious asbestos cases involving mesothelioma, asbestosis, lung cancer and other serious injury claims the financial losses which would be in addition are likely to be substantial in the realms of tens to hundreds of thousands of pounds on top and the total claim is likely to be in excess of £100,000.00.
Asbestos related claims are complex and the above figures are full and final settlement figures (where settlements cannot be re-opened) but in this area sometimes “provisional damages” are awarded which make an preliminary-type award with the provision for re-opening the settlement if certain specified conditions develop.
Many asbestos related conditions, particularly mesothelioma and lung cancer are extremely aggressive and likely to cause death. If the primary concern is family who will be left behind, then it may be financially advantageous for us to pursue a claim on behalf of those dependents such as a wife or children after death.”
In all asbestos cases it is vitally important not to delay consulting us.
2: Special Damages
The bulk of compensation is usually awarded for financial losses flowing from the injuries and the consequences of the accident. The largest part of an award in the bigger cases is for loss of earnings both past and future. This is calculated by arithmetic based upon wage details/accounts or other documentation. Everything usually has to be backed up by documentation.
The large headline figure awards of compensation are for high earners who have been prevented from working for the rest of their life eg airline captains.
Future losses of earnings are calculated using complicated actuarial tables. For complicated reasons they are not calculated just using the number of years to retirement.
You can only claim for your net losses ie you have to deduct tax and national insurance and overheads.
If you are self employed your losses are based upon your previous years accounts and tax returns. As these are usually prepared to minimise your income for tax purposes this can mean that your claim is reduced.
We check carefully to ensure that we include every legitimate claim for financial losses.
You are entitled to claim interest at 2% from the date that proceedings are issued upon damages for your injuries.
You usually claim interest on the financial losses at half the court’s special investment rate (presently 0.5%) from the date of the accident.
To get the compensation you have to know how to value the claim, what to claim for, how far to push things, how to negotiate the best deal and when to fight it in court.Contact Us Today