A personal injury occurs when somebody suffers a physical or psychological injury, through no fault of their own. When the injury is caused by an accident, the claim for compensation is a civil, rather than criminal matter; although the legal process and personal injury litigation can be complicated and time-consuming.
The best course of action would be to contact a personal injury solicitor, in order to obtain expert advice on furthering a particular personal injury claim. A solicitor can run the claim for the client, and assist with gathering evidence of the accident and arranging medical reports. Additionally, an experienced personal injury solicitor will be able to evaluate your chances of success in litigation, and offer you an estimate of how much compensation you may receive, based on the way damages are calculated.
There are two types of damages that make up an award. Specifically:
- Special damages – these can be calculated to some extent, by looking at documented figures, such as wage slips and bills, and making informed projections for the future. These damages cover such items as loss of past salary and future earnings, and the cost of past medical expenses and future care
- General damages are much harder to estimate, as the amount awarded will be based on case law, the guidelines published by the Judicial Studies Board (JSB), and the experience of the judge. These damages are compensation for items such as the physical and psychological pain you have suffered as a result of your injury, and the loss of your previous lifestyle
If you have received State benefits as a result of your injury, from the Department of Work and Pensions, then you will need to let your solicitor know. This is because some benefits may need to be paid back from any special damages you could receive, and this can be a complicated calculation.
The JSB Guidelines are designed to bring consistency to the sensitive matter of deciding the monetary values of various injuries. Each injury and its sub-types will have a bracket with a lower figure and a higher figure for the amount that might be awarded. For example, for a leg injury which results in a limp, the bracket for value may be from £11,500 to £17,750; whereas for a simple fracture of the leg, the bracket may be from £5,750 to £9,000.