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Compensation Calculator

How much compensation are you entitled to?

Personal injury compensation claims can be broken down into 2 categories, namely general and special damages.

1. 'General' damages

General damages reflect the pain, suffering and loss of enjoyment of life that you sustain as a result of an accident.

A medical report dealing with the extent of your injuries and the likely recovery periods relating to them will be obtained and from this we will be able to advise you on the appropriate level of damages for your injuries.

The starting point for valuing personal injury damages is a publication called the Judicial College Guidelines, which give basic indications of the likely compensation awards victims might receive for different injuries. If you click on the diagram below, you will find examples of what the Court may award for some of those injuries, based upon the Judicial College Guidelines.

2. 'Special' damages

You might expect that the compensation relating to your injuries (General Damages) would form the largest part of your claim, but often it's the financial losses you suffer as a consequence of your injury which can be the greatest in value.

'Special damages' refers to all items of financial loss that you have incurred, and may continue to incur, due to your accident. They include items such as lost wages or medical costs. All items of special damage may be claimed as long as the medical report allows them. For example, you may have been off work for a period of 12 months following your accident, but if the medical report on your injuries only says that you were unfit for work 6 months, then you would usually only be able to claim compensation or damages for your loss of earnings for six months.

Type of damage

What this may include

What supportive evidence will be needed

Loss of earnings

This relates to the amount of lost net pay. Deductions must be made for any sums received during the period of absence from work

For long term absenteeism any reduction in pension through an inability to make contributions may also be claimed.

For dismissal from work through injury, a calculation of future loss of earnings can be carried out. This is not simply a total of your usual annual earnings multiplied by the number of years up until retirement age as there are deductions which also need to be made for receiving this amount as a lump sum.

  • Wage slips for a period of 3 months prior to the accident and during the period of absence
  • P60
  • Letter from your employer.

Travel expenses

Journeys made to and from medical appointments can be claimed based on their actual cost for bus, train, taxi fares or as a calculation of mileage where the claimant goes by car. This also includes any related parking costs.

  • All related receipts
  • Details of distance, number of journeys made, the date and purpose of the journey.

Care and assistance

When you are injured you may not be able to perform daily/routine tasks and activities. Usually, a client's partner or spouse will assist them or friends or family members will come and assist.

Such tasks or activities may include help with washing/bathing, dressing, preparing meals, laundry, ironing, driving, cleaning, gardening, DIY, painting and decorating, car maintenance etc.

Where the care and assistance is given freely then a claim for 'gratuitous care' may still be put forward at a notional hourly rate.

Where the injured person employs professional tradespeople to carry out any work then the cost of that service may be recovered.

  • All related receipts
  • A statement by you setting out the extent of tasks or activities that you would usually perform yourself.
  • Statement from the friend or family member providing the care as to what they helped you with, the amount of time spent each day/week/month and for how long this continued.

Rehabilitation

Physiotherapy, Osteopath, Cognitive

  • All related receipts
  • All invoices
  • Medical evidence to support the requirement for any therapies.

Damaged clothing/possessions

Clothing and possessions damaged in an accident can be claimed for. Normally you are only entitled to the value of the item or items at the time of the accident and not their replacement cost.

  • Repair estimates
  • Receipts for the original cost of clothing/item.

Considerations

  1. You can claim for almost any item that you would not normally have had to pay for had you not had an accident.
  2. You can still claim for items even where you may not have kept the receipt, however you are more likely to recover the cost where its existence and value can be evidenced.
  3. You are under a duty to mitigate your loss i.e. to only incur costs which are considered to be reasonable in the circumstances.
  4. In respect of personal injury compensation claims it is your claim to prove. As such it is your responsibility to keep a record of the expenses you have incurred as well as any receipts, wage slips, invoices, estimates and bank statements will help to prove your items of loss.
  5. Where you are in receipt of benefits as a result of an accident you may be required to repay certain monies you recover within your claim to avoid you being what is known as 'doubly compensated'.

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