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personal injury
How is your UK Personal Injury valued?
There are two parts to a claim:
The first is compensation for the personal injury, known as General Damages.
The second is compensation for your financial losses, know as Special Damages.
general damages
When considering general damages for personal injury, each claim needs to be judged on its own merits.
There are a number of factors which will usually be taken into account when assessing this aspect of your claim.
These include, amongst others, the nature and severity of your injury and consequent symptoms. Your age, your occupation and the extent to which your injury interferes with that occupation. Your leisure activities and finally, your domestic responsibilities.
Sometimes, compensation can be awarded for "handicap on the open labour market". This situation will apply where the accident victim is able to remain at work despite their personal injury, but their employment is less secure than before.
In order to succeed under this head of damages, we have to show that if the person were to be dismissed from their job, then they would have difficulty in getting alternative employment.
special damages
If your accident has caused you to spend time off work, then you will probably have suffered a loss of earnings. This is normally calculated by taking the average of your wages over a 13 week period prior to your accident.
If your injury is serious enough to make you leave your job, then a claim can be made for your future loss of earnings. This claim comprises the earnings that you would have achieved, but for your accident.
In some cases, your personal injury may have caused a disability that prevents you from performing various tasks about the house, for example decorating, gardening, housework or car maintenance. If you have had to get family or friends to carry out these tasks for you, then a claim can be made in respect of their time incurred. The basis for this part of your claim is that if such individuals were not available, then such assistance would need to be provided by the state.
A personal injury claim can also be made for your miscellaneous losses and expenses incurred. If you have needed to make visits to your hospital or GP for treatment, then your travel expenses can be included in your compensation claim. In some cases your clothing may have been damaged in the accident and therefore the replacement costs are also included in your claim.
Cru Repayments
If you have been receiving money from the State as a result of your absence from work, then at the end of the case some of this will have to be refunded to the Compensation Recovery Unit.
The purpose of this is to prevent 'double recovery'. If you have received compensation for your loss of earnings, as well as employment benefits, unless the benefit was repaid you would have actually received more money than your normal earnings.
Personal Injury Claims
If you need advice after being involved in a "hit and run" accident, please click here for further information.
We may be able to help with a compensation claim
Accidents at work
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If your injury occurred whilst you were at work, please click here to see how you may have the right to claim compensation.
This is what one of our clients recently said about our Personal Injury service: "I would like to take this opportunity to thank you both for the professional courteous and efficient way in which you dealt with my claim. Even though there was a significant delay as a result of the complication to my back you respected my views and pursued the case to its fullest extent resulting in a more than satisfactory settlement. I would have no hesitation in recommending you to others who are unfortunate enough to find themselves in a similar position" >>READ MORE
Email: info@winstonsolicitors.co.uk
Telephone on 0113 268 8898 to speak to a specialist solicitor. Or if you are calling from outside the area, use lo-call 0845 890 2277. We are open Monday to Friday, 8.45am to 5.30pm.
national accreditation for
Personal Injury Law
