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How is personal injury compensation calculated?

Personal Injury Compensation Claims Specialists

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Personal Injury Compensation

Law Society Accredited  Personal Injury Solicitors

How is Personal Injury Compensation Calculated?

To start a claim for Personal Injury Compensation, talk to our experienced team of solicitors today.

Personal Injury Compensation is the financial support victims of accidents and injuries can claim in an effort to return them as closely as possible to the situation they were in before the accident.

The amount of Personal Injury Compensation you can receive is calculated by adding together two types of compensation: general damages and special damages.

General damages

Awarded to compensate you for the pain, suffering and loss of amenity associated with your injury. The amount that you may be entitled to is worked out based on the type of injury and how serious the injury is.

Special damages

Relate to the financial loss you have suffered and / or any costs which you have incurred as a result of your injury.

Personal injury compensation amounts are always calculated according to the unique circumstances of your accident and the impact it has on your life. An experienced solicitor will ensure that your Personal Injury Compensation payout accounts for every loss you have suffered until now, and those you will face in the future.

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What are general damages in Personal Injury Compensation?

Personal injury general damages are designed to compensate you for the impact your injury or illness has on your life. You will almost certainly have suffered pain as a consequence of your accident, but you might well also have been left with a disability or disfigurement which impacts your ability to live your life as you did previously.

General damages can also be awarded to compensate you for the stress of the accident and any ongoing mental trauma you experience.

The amount of money which can be claimed is based on the nature and severity of the injury or illness you experience (primarily based on the areas of the body affected).

How are general damages calculated for personal injury compensation?

As it would clearly be impossible to properly calculate the “pain and suffering” felt by everyone making a Personal Injury Compensation claim, our legal system uses a standard guide to compensation level called the Judicial College Guidelines. These guidelines, updated on a regular basis to reflect recent judicial decisions, provide a starting point for your legal team, and the court, when considering the level of compensation which is appropriate for your claim.

The guidelines set out the accepted compensation amounts for a wide spectrum of injuries to, including different monetary values for moderate or severe injuries, and are used by legal teams when working on settlement agreements and the courts when calculating awards.

Part of the job of your dedicated solicitor will be to understand the consequences of your accident and to ensure that you receive the appropriate compensation for what has happened.

How is personal injury compensation calculated when there are multiple injuries?

Although the Judicial College Guidelines make it relatively straightforward to provide a rough estimate of a potential compensation claim for a single injury, serious injury claims involving multiple injuries are more complicated.

The courts will not simply add together the amounts which might be awarded for each individual injury; they may choose to award compensation for the main injury in full, and make an additional award for further injuries, but at a reduced level from the amount of a typical individual claim.

This is where an experienced, dedicated solicitor is invaluable in providing advice in relation to the possible value of your claim at the beginning of the process.

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What are special damages in personal injury compensation claims?

Special damages are to compensate you for the actual financial costs of your accident. This can relate to money you have spent as a result of your injury, as well as money which you have been unable to earn due to the accident.

Special damages claims could be made for:

Loss of earnings

This can include money that you were unable to earn because you had to take time off work, but can also include loss of potential future earnings if your injury led to a reduction in your salary or forced you to change to a job with a lower wage.

Loss of income

If you have to have an extended period of time off work, and that results in you missing out on a bonus to which you would have otherwise been entitled, you may be entitled to claim that amount as special damages.

The cost of medical treatment

This can include short-term expenses such as consultation fees, hospital charges and paying for medicines, as well as long-term costs such as physiotherapy treatment

The cost of care

If your injuries are such that you now require care provision, the cost of accessing that care may also be covered by a special damages claim.

The cost of adapting your house or vehicle

If you are required to make changes to your home or car as a result of your injuries, special damages may cover the costs of making these required adjustments.

The cost of repairing or replacing property

If your accident also resulted in damage being caused to your personal property, you may also be able to make a special damages claim to compensate you for the actual cost of repairing or replacing it.

Travel costs

You may also be able to claim special damages in relation to the reasonable costs of travelling which relate to your injury (to hospital or for medical appointments, for example).

How are special damages for personal injury compensation calculated?

Calculating special damages is much easier than general damages because they seek to compensate you for the actual financial costs which resulted from your injury. Your solicitor will work with you to agree on the future costs of care and loss of earning potential, and this will be added to any money which you have already had to spend.

To ensure that you have the strongest possible claim, make sure that you keep hold of all receipts and records which relate to anything you spend as a result of your accident.

What can be deducted from my personal injury compensation claim?

It is likely that certain amounts will be deducted from any amount which is awarded to you. Things which may be taken from your compensation are:

Success fee deduction

We will represent you on a No Win No Fee basis, so you will pay us nothing in the unlikely event that your claim is unsuccessful. If, as we would expect to, you do recover compensation, we charge a success fee usually between 15% and 20%, which will be deducted from the amount you receive.  This will be made clear to you when our No Win No Fee Solicitors agree to take the case on.

Additional legal costs

Our No Win No Fee agreement only covers our solicitor’s fees. Additional costs such as medical expert fees may also be deducted from your compensation.

Split liability deduction

The compensation you receive for the injuries you have suffered may be reduced if it is found by the court (or you agree as part of a settlement) that you were partly to blame for the accident. The amount of the deduction will depend on the level of responsibility each party takes for the accident (e.g. if you were 50% responsible, you would receive only 50% of the compensation you have claimed).

ATE Insurance

After the Event insurance covers you for any costs which you might have to pay to the defendant if your claim is unsuccessful. If you choose to take out such a policy, you will have to pay for your policy if your claim is successful. At PSR Solicitors we never ask any of our clients to obtain an ATE insurance policy. We cover the costs for them if they lose.

We believe that this is a much better scheme for our clients as ATE insurers can often exert some control over the case whereas by, in effect, self-insuring our clients the only people in control of the case are us.

Tax

While you do not have to pay tax on any compensation you receive, if you receive interest of any part of the amount you are awarded, the party paying that interest will deduct tax from that interest payment before it is made.

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I contacted PSR after hearing about their efficiency and expert knowledge. They charge a relatively small fee and made the process completely stress free.

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Quality and professional service. My claim was dealt with very quickly and efficiently, would highly recommend.

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They were very helpful, better value, and dealt with my claim within 7 months. After a 4 and a half years issue with my previous solicitors.

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Your Personal Injury Compensation Claim Experts 

If you have been involved in an accident or been injured in any way in the past three years, through no fault of your own, contact us today and speak to one of our team so that we can help you start a personal injury claim, and get your life back on track.

Richard Layfield

Richard Layfield LLB (Hons)

Solicitor - Head of Personal Injury & Clinical Negligence

As an experienced personal injury and civil litigation Solicitor, I represent Claimants in all manner of personal injury case work including injuries as a result of Medical Negligence, Road Traffic Accidents, Accidents at Work, and Occupiers Liability Accidents. I handle all types off personal injury claims from the minor right through to complex, serious injury claims.

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OUR PERSONAL INJURY TEAM
Paul Rossiter

Paul Rossiter

Paul Rossiter LLB (Hons)

Managing Director

Richard Layfield

Richard Layfield

Richard Layfield LLB (Hons)

Solicitor - Head of Personal Injury & Clinical Negligence

Mark House

Mark House

Mark House LLB (Hons)

Solicitor - Head of Litigation

Jasmine Ostanek

Jasmine Ostanek

Jasmine Ostanek LLB (Hons)

Solicitor

Georgia Purcell

Georgia Purcell

Georgia Purcell LLM (Hons)

Solicitor

Emily Williams

Emily Williams

Emily Williams

Personal Injury Solicitor

Alyssia King

Alyssia King

Alyssia King

Solicitor

Tips to help you make a successful personal injury compensation claim

Our expert personal injury solicitors will be able to identify early on whether the circumstances of your accident, and the evidence you have of what happened, combine to form the basis of a strong case.  Here are a few key things to bear in mind.

Keep hold of evidence.

Take photos of the scene of the accident and your initial injuries; save any communication between you and anyone else involved in the incident; retain all receipts relating to costs you have incurred which relate to your injuries.

Time limits

In England and Wales, there are legal time limits within which you must start a Personal Injury Compensation claim. You will typically need to start legal proceedings within 3 years from the date of the injury, or from the “date of discovery”. This is the date in which you have found your injuries to be directly caused by an accident, or the consequences of the accident have revealed themselves. You could be eligible for extensions of the time limit, so contact us today to begin your claim.

Get expert help.

As well as an experienced lawyer, you will need expert medical advice in relation to your injuries; you need to know the exact extent of your current injuries, as well as the chances of any further complications in the future. We have a huge amount of experience advising clients on how to deal with medical experts and can advise you about the advice you receive.

You don’t have to rely on only one medical report, especially a report written by your GP who will not be an expert in your particular injury.

Make sure you disclose all your symptoms.

Once you receive your medical report, it is important to read it carefully to ensure that it contains all the issues which are affecting you as a result of your accident. We can assist you with the process of carefully analysing the report to ensure that it fully meets your needs.

You must also ensure that you talk about anything which you think might have changed in your health, lifestyle or behaviour following your injury; some people are uncomfortable talking about issues with their mental health, but if you are having difficulty sleeping or have noticed that you are more irritable since your accident, this may be due to stress or anxiety caused by the event.

Make sure that you discuss everything with us, and your medical expert, so that we can help you to determine whether something should be included in your claim to achieve the maximum compensation possible.

Common Types of Personal Injury Compensation Claims

The most common types of accidents that give rise to Injury Compensation claims are:

  • Road traffic accidents
  • Slip, trips and falls
  • Workplace accidents
  • Medical negligence

Whatever has happened to you, our team of experienced personal injury lawyers have the knowledge and experience to help you pursue a successful claim with the maximum amount of compensation payout available for your particular situation.

As expert accident claims solicitors, you have far higher chances of winning your case with PSR Solicitors on your side.

Personal Injury Compensation - Frequenty Asked Questions

Any person who has suffered physical or psychological harm due to someone else's negligence or intentional wrongdoing can make a personal injury claim. This includes individuals involved in road traffic accidents, workplace accidents, slips and falls, medical negligence, and even victims of violent crimes.

In the UK, the general rule is that you have three years from the date of the accident or from when you first realised you were injured to make a personal injury claim. This is known as the limitation period. However, there are exceptions to this rule, particularly in cases involving children or individuals who lack mental capacity.

Personal injury claims can be made for a wide range of accidents. This includes road traffic accidents, workplace accidents, slips, trips and falls, accidents in public places, accidents on holiday, medical negligence, industrial disease, and violent assaults.

The amount of compensation in a personal injury claim is determined by considering several factors including the severity of the injury, the impact on your life and work, medical expenses incurred, future care needs, and loss of earnings. Each claim is unique and the amount of compensation will vary accordingly.

To start a personal injury claim, you should first seek legal advice from a solicitor specialising in personal injury law. They will guide you through the process, which typically starts with gathering evidence about the accident and your injuries, followed by negotiating with the other party's insurer.

The process generally involves: initial consultation with your solicitor; gathering evidence; submitting your claim to the other party's insurance company; negotiation of your claim; and possibly court proceedings, although the majority of claims are settled without going to court.

Most personal injury claims are settled out of court. However, if a fair settlement cannot be agreed upon, or liability is disputed, the case may need to go to court. Even in such cases, settlement can often be reached at any stage before a final court hearing.

A personal injury claim can cover medical and rehabilitation costs, loss of earnings, future loss of earnings, out of pocket expenses, travel expenses, care and assistance provided by family members, and damages for pain and suffering.

If the person responsible doesn't have insurance, it can make the process more complex. However, you may still be able to claim. In road traffic accidents, for example, claims can be made through the Motor Insurers’ Bureau. In other cases, it may be possible to pursue a claim directly against the person responsible.

Yes, it is possible to make a personal injury claim even if the accident was partially your fault. This is known as contributory negligence. The compensation might be reduced to reflect your share of the blame.

Yes, you can claim for psychological injuries if they are a result of the accident. These could include conditions like anxiety, depression, or post-traumatic stress disorder. Your solicitor will guide you on how to get the necessary medical evidence to support your claim.

Yes, a claim can be made on behalf of a child by a parent or guardian acting as a 'litigation friend'. The child's claim must be made before they turn 21.

Yes, it is possible to make a personal injury claim for an accident that happened abroad. The process and time limits may vary, depending on the laws of the country where the accident occurred.

Yes.  As of the 6th of April, 2023, new rules pertaining to the recovery of legal costs came into effect.

Prior to this shift, if your claim was unsuccessful, the defendant was typically unable to recover any of their legal costs. This principle, known as Qualified One-Way Costs Shifting (QOCS), was established in 2013 to provide claimants the opportunity to seek justice without the fear of substantial costs if their claim was denied.

However, with the revisions implemented in 2023, defendants can now counterbalance their own costs against the claimant's damages and additional expenses. Should your claim not succeed, you may be held accountable to cover a larger portion of the defendant's costs.

In essence, these alterations have an impact on settlement negotiations and No Win, No Fee contracts. Personal injury lawyers might advise their clients to agree to a more fair settlement to avoid the potential of a court loss and subsequent legal expenses. Even those claimants with very compelling cases might choose to secure After the Event (ATE) insurance to shield against the possibility of needing to cover the defendant's costs. It is expected that these adjustments will raise the price of ATE insurance.

If the implications of the 2023 alterations worry you, it would be beneficial to have a conversation about this with your legal advisor.

Contact Our Personal Injury Compensation Claims Specialists Today

If you or a loved one have suffered an injury as a result of an accident, and you want free advice on making a serious injury compensation claim, from a fully qualified personal injury solicitor, then please contact us now.

PSR Solicitors are renowned for our expertise in handling all manner of personal injury claims and are accredited by The Law Society in recognition of our proficiency in handling such cases.

Some legal firms don’t use qualified solicitors to deal with Personal Injury Claims anymore, at PSR Solicitors however we believe that your case deserves special attention from a dedicated, fully qualified solicitor from day one.

Using one of our specialist solicitors ensures that you have the best possible chance of winning your claim and receiving all of the compensation and help that you are entitled to, and our No Win No Fee Claims promise gives you the reassurance that you won't have any legal costs to pay should your claim prove to be unsuccessful so No Win No Fee = No Risk To You.

PSR is a leading practice of  Personal Injury Solicitors in Wales and Injury Solicitors in Cheshire. With teams of Colwyn Bay, Ellesmere Port, Rhyl, Shotton, Wrexham, Wallasey, and Chester Solicitors, we have been established in the heart of local communities since 2009. We regularly act for clients on personal injury claims across North Wales, Cheshire, Liverpool, and Merseyside.

As recognised injury claim experts we can support your needs wherever you’re based in Wales, England & Northern Ireland.

For confidential, professional legal advice contact PSR Solicitors today and we will contact you within one hour of your initial enquiry, or the next working day if you contact us during the evening or at the weekend.

Successful Compensation Payout Examples from PSR

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​£9,500 - Slipping Accident At A Petrol Station

Slip, Trip, Fall Accidents
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​£9,500 - Slipping Accident At A Petrol Station

£3,000 For A Burn Injury In A Hotel Accident In Rhyl

Bar, Restaurant & Nightclub Claims
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£3,000 For A Burn Injury In A Hotel Accident In Rhyl

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Contact PSR's Personal Injury Compensation experts to get started…

 

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