Injury Awareness Week runs from the 24th to 28th June 2024 and is dedicated to raising awareness about the frequency of injuries caused by negligence. It gives insight into the impact these injuries have on victims and their families. This year the focus is on the impact of avoidable injuries in the workplace.
The event is organised by APIL (Association of Personal Injury Lawyers) and we are proud that many solicitors in the Personal Injury Team at What’s My Claim Worth are members.
If you have been injured in a workplace accident or any other place and the accident was not your fault, you may have a claim for compensation for your injuries and associated financial losses. This article explores how personal injury claims are calculated and what you can claim for.
GENERAL DAMAGES (compensation for your injuries)
General Damages means the pain, suffering and loss of amenity caused by the accident. How much you are awarded is determined by the following:
- Severity and nature of the injury – more severe and permanent injuries typically result in higher compensation.
- Impact on quality of life – how the injury affects your daily activities and overall quality of life.
- Duration of suffering – the length of time you endure pain and suffering.
The JC Guidelines “Judicial College Guidelines for the assessment of general damages” provides a framework for calculating general damages, offering benchmark compensation amounts for injuries. This guide is used by all legal professionals including Judges and Personal Injury Solicitors to assist them when assessing the value of an injury. The Guidelines were first published over 30 years ago with latest edition being published in 2024.
SPECIAL DAMAGES (financial losses)
Special Damages are your out-of-pocket financial expenses or items that can be quantified which can include amongst many:
Medical Expenses – For example, the cost of private medical treatment, cost of physiotherapy treatment or Cognitive Behaviour Therapy (CBT), cost of prescriptions or over the counter purchased medications. Where possible always keep your receipts.
Loss of Earnings – Injuries can result in time off work, leading to a loss of income. Compensation for loss of earnings includes:
Current loss of earnings i.e. your income lost during the recovery period.
Future loss of earnings i.e. if the injury affects your ability to work in the future, compensation is calculated based on projected future earnings.
Travel Expenses – this includes any travel you have had to incur as a result of the accident which you would not normally do, such as the cost of travelling to the hospital or your GP for treatment or to physiotherapy sessions.
Care Costs – this could be the cost for professional care or compensation for assistance provided by family members or friends which you would not normally receive.
Home Adaptations – this includes the cost of modifications required to accommodate your injury such as bathroom adaptations or wheelchair ramps etc.
Property Damage – in cases where your injury results from an accident that also caused property damage such as a car accident or bicycle accident the cost of repairing or replacing the damaged items can be included in the claim. Please ensure you retain any receipts for repairs.
CONTRIBUTORY NEGLIGENCE
Contributory negligence is when you are found to be partly at fault for your accident and the injury. The amount of compensation awarded may be reduced proportionally for example, if you are found to be 25% at fault your compensation would be reduced by 25%.
Our team at What’s My Claim Worth are here to help if you have been injured as a result of an accident within the last 3 years. Call our team on freephone 01244 568 535 or email info@whatsmyclaimworth.co.uk. All claims are dealt with on a “no win, no fee” basis.