How compensation is calculated in personal injury claims

What are you likely to receive in damages if you make a claim?

The aim of any award for damages in a personal injury matter is to try and restore the injured person to the position that they would have been in if it had not been for the accident.

There are two main types of damages known as SPECIAL DAMAGES and GENERAL DAMAGES.

Both are discussed in more detail below.

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General Damages

There is no hard and fast rule as to how much compensation a person may obtain for an injury sustained at work. In general there are two sorts of damages that may be claimed in a personal injury claim. The first is known as General Damages and this is an award that is made for the pain, suffering and inconvenience sustained.

This is valued by reference to medical evidence and by reviewing caselaw where awards have been made in the past for similar injuries. Also to be taken in account is whether a person will ever return to their pre-accident condition and what they need to help them reach this goal such as surgery, physiotherapy and other rehabilitative treatment.

Special Damages

Secondly, an award is also made for the financial losses incurred as a result of the accident. These are known as Special Damages. These include damages for loss of earnings, medication charges, care provided by friends and family, damaged clothing and personal possessions.

A special mention should be made here regarding Care Claims. After an accident people will often require assistance with daily living and hygiene needs for a time. Although at first it may seem that it is the odd few minutes here and there these minutes soon become hours, and then days. It is often helpful to keep a diary which lists the assistance received as hopefully as the days progress your need for care will become less and less.

You are able to claim assistance for amongst other activities getting in and out of bed, getting washed and dressed, doing household chores, shopping, diy and gardening.