The compensation that you can expect to receive as a result of winning your claim will be made up of two elements.
The first is an award for Pain, Suffering and Loss of Amenity (known as General Damages) which reflects the type and extent of injury you suffered.
The second element is for the financial losses and expenses that you otherwise would not have suffered and incurred but for the accident and consequential injuries (known as Special Damages). Such an award can compensate you for both past and future losses and expenses.
See below for a more detailed explanation of both types of compensation.
1. General Damages (or Compensation for Injuries Sustained)
For instance if you suffered a whiplash injury to your neck in a road traffic accident and this lasted for a period of say 12 months they you could expect to recover a sum of up to £2750. But if you suffered the whiplash injury for say 2 years then you could expect to recover up to £5000. For fractures obviously this injury is likely to lead to greater pain and suffering and hence you could recover more compensation than if you suffered from just neck ache.
No two cases are ever the same and usually always result in different amounts of compensation being awarded. An injury for one person can account for greater pain and suffering being experienced than say in someone else.
The courts refer to a set of guideline rates as an initial guide to what an injury is worth. Examples include:-
- Whiplash injury to neck lasting 12 months - between £850 and £2750
- Fracture of ankle recovering in less than 12 months - £3500
- Broken finger – up to £3000
- Broken wrist – up to £4750
- Scarring to a woman’s face that requires camouflage by use of make up – £2500 to £8750
- (BUT) similar scarring to a man’s face requiring use of skin creams – only £2500 to £5850
- Loss of a front tooth - £1400 to £2500
- Very severe brain damage – between £180,000 and £258,000
- Paraplegia - £140,000 to £182,000
As you can see therefore the amount of compensation awarded for even the most serious injuries does not amount to very much. Only being awarded £180,000 in compensation for being paralysed from the chest down and losing the use of your legs when you are in your mid-20s is hardly compensation when it wasn’t your fault a drunk driver mounted a pavement and knocked you down as you were walking along minding your own business.
However in a case such as this you would also be entitled to an award of compensation for your past and future financial losses and expenses too. This is dealt with below under Special Damages.
2. Special Damages (or Compensation for Financial Losses and Expenses)
An award of compensation for your financial losses and expenses is designed to reimburse you for all that which you otherwise would not have incurred or spent money on but for your accident and injuries.
You could be awarded compensation for past and future losses and expenses.
For instance you could recover compensation for the following heads of loss:-
- loss of earnings including overtime and bonuses
- damaged clothing
- travel expenses to hospital
- prescriptions and over the counter medication
- bandages and elasticated supports
- care and assistance
- the cost of extra gardening or DIY
- increases in utility bills
- if severely injured, the cost of improvements to existing or new improved housing, care workers, stair lifts, hoists etc.
The list of what can be claimed for is not finite. Any claim depends upon the circumstances in which it was lost or incurred and so long as it is considered to be reasonable in the eyes of a court then it is likely that you can recover compensation for it.
It is much better for you if you tell us what you have lost or incurred so that we can judge whether it is recoverable or not.
