HOW MUCH IS MY CLAIM WORTH?

May 19th, 2008 Hinchliffes

Published in Truckstop News - December 2007.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors sets out the issues that are considered when answering the question “HOW MUCH IS MY CLAIM WORTH?”

In many cases, valuing a claim accurately can be a tricky business and will depend to a large extent on the individual’s circumstances. There are 2 elements to the compensation awarded - GENERAL DAMAGES to compensate you for the pain and suffering of the injury and any treatment provided, and for any significant affect the injury may have on your lifestyle - SPECIAL DAMAGES to reimburse any losses you have incurred or expenses you have paid out as a direct result of the accident.

General Damages

This will be based on the type of injury you have suffered, how long it will take for you to recover and whether you will have any long term or permanent effects (eg scarring).

You should also be compensated for any “loss of amenity”, which is the extent to which your life has been affected by the accident. For example, you may be a keen golfer and are unable to play because of your injury, or you might not have been able to take part in other hobbies even if only for a short time. This element of the claim also covers any changes that you have had to make in your employment because of your injury, and any inability to fully carry out other tasks (eg decorating or gardening) that you used to perform.

The following table shows some typical awards made for specific injuries, but the exact value of the claim will depend on the severity of each injury:-

Whiplash: £1,000 to £8,500

Broken Arm: £4,000 to £11,000

Broken Leg: £4,000 to £10,000

Broken Finger/Toe: £1,600 to £3,000

Broken Ribs: £1,750 to £2,750

Broken Nose: £1,400 to £2,250

Loss of 2 Front Teeth: £2,500 to £4,500

You will need to be examined by a medical expert and a report obtained, which will record the injury, any necessary treatment and if possible an indication of when you are likely to recover. This report should then enable solicitors to assess the likely value of the injury.

Special Damages

Examples of the items that you may be able to claim are as follows:-

a) Loss of earnings - including wages that you have already lost and, if appropriate, that you might have received in the future, but will not now do so because of the accident. Calculating any anticipated future loss of earnings can be quite difficult, but this is usually only necessary if your injury is very severe. In that situation any pay increases, promotion prospects and other benefits (eg pension) that you would likely have enjoyed if the accident had not happened need to be taken into account.

b) Travelling expenses - including visits to your GP, hospital or other practitioner providing treatment, and also journeys by close relatives to visit you in hospital.

c) Medical and care expenses - including prescription charges, non-prescription items (eg pain killers), bandages, tubigrips, private treatment provided by physiotherapists or other practitioners, and care provided by a private agency or by family and friends (eg helping you with cooking, cleaning, personal hygiene, etc).

The list of items you can include in the claim is potentially endless, however the loss or expense must be as a direct result of the accident and if possible should be supported by invoices or receipts.

Payment of Compensation

In situations where responsibility for your accident is accepted and it is possible to agree all elements of the compensation with your opponent, it should be possible for you to receive a cheque within 2 or 3 weeks of that agreement being reached. If your injury is severe and the long term prognosis is unclear, and because of this it is simply not yet possible to settle your claim, your solicitors may be able to negotiate a payment on account of your anticipated compensation, which will help you meet your financial obligations while you are still recovering.

However, in order for you to receive compensation your opponent must be found to be at least partly responsible for the accident and your injury. There will always be some situations where, even though your injury might be very severe, no-one is found to be responsible and no compensation can be awarded.

QUESTIONS & ANSWERS

Solicitors are already dealing with my claim and I have recently been examined by a consultant. When can I expect to be told what my claim is worth?

Assuming the report contains a clear prognosis and if full details of your special damages are available, your solicitors should be able to give you an indication of the likely value of your claim as soon as the medical report is received.

Someone ran into the back of my car and I had minor whiplash symptoms, but these only lasted a few days. During this time I could not work and was not paid, and I also missed out on overtime. This means I am several hundred pounds out of pocket. Can I recover these losses?

Yes you can, but you may have to negotiate direct with the other driver’s insurers as it may not be economic for you to use a solicitor. This is because it is unlikely the value of your injuries will exceed £1,000, and if so you cannot recover your solicitors’ costs from the insurers. If you make a claim and cannot agree a satisfactory settlement, your local CAB may be able to help you.

My injuries were very serious and although I eventually hope to go back to work, I do not think I will ever be able to return to the same job I was doing before. How will my compensation be calculated to take this into account?

If you are able to return to work but doing a different job at lower pay, you can claim the difference between your pre-accident pay and what you are likely to receive after the accident, right up to the date of your anticipated retirement. This can be a very substantial sum. Also, if your job was a vocation (eg a nurse) or you truly enjoyed the work but can no longer do it, your claim should be increased so you are compensated for the disappointment this causes.

ENDS

(Other Personal Injury FAQs)

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation. All cases are conducted on a No Win - No Fee basis, where the Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.