If you have been injured in an accident that was not your fault, you may want to claim compensation. However, you may not understand what this means or how much you may be entitled to. Therefore, this guide will answer the question, ‘How is compensation calculated?’ and explain how you may be eligible to claim with the help of our panel of personal injury solicitors.
Key Takeaways
- To claim compensation, a third party must have breached their duty of care (a legal obligation to reasonably prevent foreseeable harm and injuries to another party), resulting in your injuries.
- In personal injury claims, compensation awards are determined by the injuries you sustained and the financial losses you incurred.
- You may claim compensation for injuries to the upper and lower body, internal organs and psychological suffering.
- Whiplash compensation is calculated from a legally fixed tariff.
- Our panel of personal injury solicitors may help you claim compensation on a No Win No Fee basis.
If you have any questions about how to claim compensation, or about eligibility, our advisors are here to help you 24/7. Get in touch with our advisors to ask, ‘how is compensation calculated?’ today by:
- Visiting our contact page
- Calling our advisors on 0800 408 7825
- Messaging our advisors on our live chat
Jump To A Section
- How Compensation Payouts Are Calculated
- List Of Compensation Payout Amounts
- Special Damages – What You Can Claim For On Top Of Your Injury
- How Whiplash Payouts Differ From Other Injuries
- Am I Eligible To Make A Compensation Claim?
- Could Anything Be Deducted From My Payout?
- How Our Panel Of Solicitors Can Help You
- More Information
How Compensation Payouts Are Calculated
In personal injury claims, compensation payouts could consist of up to two heads (or parts): general damages and special damages (the latter are discussed further down the guide).
If you make a successful claim, you will be awarded general damages. This means that you have been awarded compensation for the injuries you sustained due to your accident. This head of claim compensates you for both physical injuries and psychological injuries.
General damages are calculated by a professional team, which uses medical documents provided by an independent medical assessor and guidelines provided by the Judicial College (JCG). The JCG lists injuries accompanied by guideline compensation figures.
Under this head of claim, you may also be compensated for a loss of amenity that resulted from your injuries. For example, if you:
- Regularly played football but can no longer do so due to a torn ligament, you may be compensated for this.
- Suffer from hearing loss or tinnitus and can no longer create music, which you do every week, you may be compensated for this.
- Take part in art and craft sessions every weekend with the youth, but your fingers became amputated, and you can no longer do this activity, you may be compensated for this.
The team responsible for calculating your general damages uses such documentation to ensure you are compensated fairly for all of your injuries.
How Multiple Injuries Are Taken Into Account
Depending on the severity of your accident, you may suffer multiple injuries. They may be minor injuries to severe injuries. If this happens, you may be eligible to make a multiple injury claim.
Multiple injury compensation is calculated using the same strategies as general personal injury claims. However, it is unlikely that the compensation for each injury will be added together. This is because the cumulative impact of your injuries determines your overall compensation award. If you suffered from multiple injuries, our panel of solicitors may discuss multiple injury compensation with you in more detail.
Contact our advisors to learn more about how compensation payouts are calculated or to start your claim today.
List Of Compensation Payout Amounts
Below, you can view examples of compensation payouts for different injuries. However, these figures were taken from the Judicial College Guidelines; therefore, they are only suggestive amounts, and you are not guaranteed to receive such compensation awards.
Upper Body Injuries
The table below shows examples of guideline compensation figures for upper body injuries.
| Injury | Compensation Guideline |
|---|---|
| Very Severe Brain Damage | £344,150 to £493,000 |
| Severe Back Injuries (ii) | £90,510 to £107,910 |
| Multiple Fractures of Facial Bones | £18,180 to £29,220 |
| Serious Shoulder Injuries | £15,580 to £23,430 |
Lower Body Injuries
The table below shows examples of the guideline brackets that can be used for lower body injuries.
| Injury | Compensation Guideline |
|---|---|
| Severe Pelvis and Hip Injuries (i) | £95,680 to £159,770 |
| Severe Leg Injuries (ii) | £66,920 to £109,290 |
| Moderate Ankle Injury | £16,770 to £32,450 |
| Serious Toe Injuries | £11,720 to £16,770 |
Psychological Injuries
The table below shows examples of suggestive compensation awards for psychological injuries.
| Injury | Compensation Guideline |
|---|---|
| Severe Psychiatric Damage | £66,920 to £141,240 |
| Moderately Severe Psychiatric Damage | £23,270 to £66,920 |
| Severe PTSD | £73,050 to £122,850 |
| Moderately Severe PTSD | £28,250 to £73,050 |
Injuries To Internal Organs
The table below shows JCG figures for injuries caused to internal organs.
| Injury | Guideline Compensation |
|---|---|
| Chest (a) | £122,850 to £183,190 |
| Bowels (c) | In the region of £97,530 |
| Kidney (b) | Up to £78,080 |
| Spleen (a) | £25,380 to £32,090 |
Get in touch with our helpful advisors to find out how much compensation you may be entitled to or to start your claim today.
Special Damages – What You Can Claim For On Top Of Your Injury
If you sustained injuries in an accident that was not your fault, resulting in you incurring financial losses, you may ask, ‘Can I be compensated for this financial suffering?’
Under the head of claim special damages, you may be compensated for any financial losses you incurred due to your accident. However, you must have also sustained an injury. This is because special damages cannot be awarded without general damages.
Some examples of financial losses you may be compensated for include:
- Lost earnings
- Missed work benefits such as holiday pay, pension contributions and bonuses
- Costs towards medical treatment, childcare and travel
- Payments towards home adjustments and special equipment
You must provide evidence of your losses, such as payslips for lost earnings, bills and receipts, to claim special damages. If you are struggling to obtain proof, our panel of solicitors may support you with this and use it to build your case.
Get in touch with our helpful advisors for more information on claiming compensation for special damages or for help assessing compensation.
How Whiplash Payouts Differ From Other Injuries
If you suffered a whiplash injury in a road traffic accident that was not your fault, your compensation will be calculated differently from other injuries. The introduction of the Whiplash Reform Programme changed how whiplash compensation claims are made. However, to claim in this manner, you must meet certain eligibility requirements, including:
- Aged 18 or older at the time of the accident.
- You were a driver or passenger in a vehicle.
- The accident occurred in England or Wales.
- The value of your injuries is £5,000 or less.
Further, whiplash compensation is valued according to a fixed tariff, as laid out in the Whiplash Injury Regulations 2021. The table below provides examples of the highest tariff amounts for whiplash injuries.
| Injury | Tariff Amount |
|---|---|
| Whiplash Injury and Psychological Injury (suffered between 18 and 24 months) | £4,345 |
| Whiplash Injury (suffered between 18 and 24 months) | £4,215 |
Compensation will be calculated using the traditional route discussed in this guide if you have suffered additional injuries.
Get in touch with our helpful advisors to discuss how is compensation calculated for your claim.
Am I Eligible To Make A Compensation Claim?
If you have been injured in an accident that was not your fault, you may ask, ‘Am I eligible to claim compensation?’ To make a personal injury claim, you must meet the following eligibility criteria:
- A third party must have owed you a duty of care
- The third party must have breached this obligation
- The result of this is your injuries
A duty of care is a legal obligation imposed on specific individuals or organisations who must take reasonable steps to ensure the safety of others. Failure to meet the correct standard of care would breach this duty and put others at risk of harm.
Below is a list of scenarios when you are owed a duty of care:
- All road users must use the roads safely and responsibly to ensure the safety of other road users. Therefore, they must adhere to the Road Traffic Act 1988 and the Highway Code.
- All those in control of a public space must ensure it is reasonably safe for all visitors. In doing so, they must adhere to the Occupiers’ Liability Act 1957.
- All employers must take reasonable and practicable steps to ensure their employees remain safe at work. Therefore, they must adhere to the Health and Safety at Work etc Act 1974.
Contact our advisors today if you may be eligible to claim compensation for injuries caused by an accident that was not your fault.
Could Anything Be Deducted From My Payout?
Depending on the circumstance of your claim, you may have some deductions from your compensation payout, which may include:
- After the Event Insurance (ATE)- this payment covers you for any costs you may need to pay the defendant if your claim does not win.
- Additional legal costs – this may cover medical expert fees
- Split liability- compensation for injuries may be reduced if you were partially liable for the accident.
- Success fee- this is discussed below
If you have any questions about compensation deductions and how this effects how compensation is calculated, get in touch with our advisors today.
How Our Panel Of Solicitors Can Help You
You may be entitled to compensation if you have been injured in an accident that was not your fault. Therefore, our panel of solicitors want to help you make a personal injury claim so you can be compensated for your suffering.
Our panel of solicitors are experienced specialists in personal injury claims. Therefore, they may support you by:
- Walking you through the claims process
- Explaining key legal terminology and documents
- Helping you obtain evidence and using this to build your case, such as witness statements and medical reports
- Explaining the types of compensation and ensuring that how much you can claim is accurately calculated
-
Getting in touch with third parties and negotiating compensation settlements on your behalf
Our panel of solicitors also operate on a No Win No Fee basis. This service is generally provided under a Conditional Fee Agreement (CFA). This concerns how you cover the cost of our panel of solicitors work on your claim and there are many benefits to this.
For example, if your claim is successful, our solicitors will request a success fee. However, after signing a CFA, this will be taken by them as a small percentage of your compensation that is legally capped. If your claim is unsuccessful, they will not request this payment. Furthermore, they are not going to charge for their work when they agree to take on your case or as it is ongoing.
Get in touch with our advisors today to ask, ‘how is compensation calculated? by:
- Visiting our contact page
- Calling our advisors on 0800 408 7825
- Messaging our advisors on our live chat
More Information
Now that we have answered your question, ‘How is compensation calculated?’ you may visit the links below to learn more about personal injury claims and compensation.
- Learn whether you should accept a personal injury offer without a solicitor
- Learn more about the personal injury claims process
- Learn how to make a personal injury claim on behalf of someone else
References:
- Find your closest urgent treatment centre, NHS.UK
- Find out if you are entitled to statutory sick pay, GOV.UK
- Learn more about compensation after an accident or injury, GOV.UK
We appreciate you reading this guide and hope it answered your question, ‘How is compensation calculated?’ clearly and sufficiently.
