In successful claims for personal injury, the person bringing the claim (the Claimant) is awarded an amount of compensation, also referred to as damages.
The aim of compensation in personal injury is to put the Claimant back in the position that they would have been in if the accident hadn’t happened. As such, no two claims for personal injury are the same and the amount of compensation awarded will depend on the extent of the Claimant’s injury and their individual circumstances/needs. Compensation for personal injury is made up of the following types of loss:
1. General damages
To compensate you for the actual injury, or injuries that you have suffered. General damages includes compensation for your pain, suffering and loss of amenity (loss of enjoyment of life) as a result of your injury. The amount that you can receive will depend on the type of your injury and its severity.
Calculating a figure for pain and suffering is done by reference to the Judicial College Guidelines (JCG) and similar case law. The JCG sets out the accepted amounts of compensation for injuries depending on their severity.
2. Special damages
This is an amount to compensate you for any financial loss arising as a result of the accident. Claims for special damages include but are not limited to the following:
• Loss of past and future earnings
• The cost of medical treatment
• Travel costs (for travel to hospital or medical appointments etc.)
• The costs of any care required
• The cost of repairing or replacing personal property
Following an accident, it is important to keep hold of any receipts and records relating to the expenses that you have incurred. If you have suffered injury and/or loss, it is important to seek specialist legal advice to understand your position and any rights to compensation.
For more information, please contact our Personal Injury team, who will be more than happy to assist with any queries you might have. Call us on 0845 55 55 321, or use the "Ask a Question" form to the left and a member of the team will be in touch as soon as possible.
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