Firstly, when looking at the value of your claim, solicitors now have to consider the type of accident you were involved in, in addition to the type of injuries suffered.
Personal injury claims generally
The value of your claim is decided by reference to two separate types of compensation:
- General Damages
This is a term used to describe compensation for your injuries and other aspects of a claim for which there is no precise valuation method. It is also referred to as an award for pain, suffering and loss of amenity (PSLA) and is intended to provide you with compensation for exactly that. - Special Damages
This is often referred to as your ‘out of pocket expenses’ or ‘financial losses’ for which a monetary value already exists and/or will exist in the future. Special damages claims usually include items such as vehicle damage repairs, car hire, loss of earnings, medical expenses, travel expenses, treatment costs and claims for care and assistance. It is essential that you keep a record of any expense you incur, and, where possible, documentary evidence such as receipts/invoices.
How we value personal injury claims
Unlike some other firms, we will not use a broad-brush approach when valuing your claim. After all, this is your claim, and it will have affected you in a different way than it would somebody else.
We think it is crucial for us to get to know each and every one of our clients. Therefore, we will take detailed information from you in relation to who you are, what injuries you have suffered and the things you have not been able to do as a result. This can include the household chores as well as any hobbies such as going to the gym or playing football. We also encourage you to inform the medical expert of the above, even if they do not ask! Basically, we want to know how your injuries have affected you so that we can be better negotiators when it comes to settling your claim.
Your special damages are usually relatively easy to calculate as there are specific figures used from receipts etc. or calculations we can make for any future losses which will be suffered. However, your claim for general damages is valued based on your injuries and the prognosis provided by the medical expert. For a starting point, we use guidelines which have been drawn up by Judges called the Judicial College Guidelines. These provide a general value bracket for your injury.
After this, we can use case law to see what others who have suffered similar injuries have already been awarded by the courts.
We will then review your particular circumstances and add value to your claim if we are able to. For example, we obtained a higher award for a client who suffered injury shortly before she was due to go on holiday. She was restricted as to what she could do whilst abroad and she found it difficult to sunbathe for long periods on a sun lounger. We were therefore able to obtain an extra award for the loss of enjoyment of the holiday she suffered.
Road Traffic Accidents involving ‘whiplash’ injuries
A new Road Traffic Accident Small Claims Protocol was introduced on 31 May 2021, and applies to claimants who have suffered minor ‘whiplash’ injuries as a result of a road traffic accident on or after this date.
A whiplash injury is basically defined as a soft tissue injury to your neck, back or shoulder, and there is now a fixed tariff for the amount of compensation you will receive if you have suffered these type of injuries, as detailed below:
| Duration of Injury | Amount – Regulation 2(1)(a) | Amount – Regulation 2(1)(b) |
| Not more than 3 months | £ 240 | £ 260 |
| More that 3 months, but not more that 6 months | £ 495 | £ 520 |
| More that 6 months, but not more than 9 months | £ 840 | £ 895 |
| More that 9 months, but not more that 12 months | £ 1,320 | £ 1,390 |
| More that 12 months, but not more that 15 months | £ 2,040 | £ 2,125 |
| More that 15 months, but not more that 18 months | £ 3,005 | £ 3,100 |
| More that 18 months, but not more that 24 months | £ 4,215 | £ 4,345 |
The second column provides the compensation figure for physical injuries only, whereas the third column includes an additional sum where the claimant also suffers minor psychological injury, such as travel anxiety.
Please remember that the above tariff system only applies to soft tissue injuries suffered to your neck, back and/or shoulders in road traffic accidents, and does not apply to any other injuries you may have suffered in the accident, such as injuries to your head, wrists, knees, ankles etc. and if you have suffered more than just minor psychological symptoms. The tariff also does not apply to road traffic accidents which occurred before 31 May 2021.