How much is my claim worth? This is probably the question that we at The Injury Lawyers get most asked. In fact, it was only the other day that I was asked this very question and had a somewhat lengthy conversation trying to explain that it is actually impossible to value someone’s injury claim at the very outset. Here is a quick guide as to how a claim is valued:
The law is clear. If you sustain injuries by means of a negligent third party, you are able to receive compensation to put you back in the position you would have been in had the accident not have occurred. It follows that you can therefore receive compensation not purely for your injuries, but also for any losses that arise directly from the accident and your injuries as well. Compensation for your injuries is called General Damages, and compensation for your other losses is called Special Damages.
General Damages:
These relate to your pain and suffering. In order to value your claim properly it is important that a medical report is obtained. You will usually be required to attend a medical appointment at a time and place convenient for you where a legal medical report can be compiled. This will outline your injuries, link them to your accident, and provide a prognosis. On this basis, knowing the extent of your injuries and how long they are likely to persist, your general damages claim can be valued using guidelines such as those set out by the Judicial Studies Board.
By way of example, the JSB guidelines provide that a minor whiplash injury can be worth somewhere between nearly £1,000 to just under £5,000. But these are simply guidelines; your injury lawyer will have great experience in this area and will be able to get you the maximum compensation you deserve for your injuries.
Special Damages:
Special Damages are things like loss of earnings, money for any care and assistance you may have received, travel expenses, medical costs, and so on. Naturally each persons’ special damages claim will be different. For instance, people earn different amounts of money and will have variable amounts of time off work. Some may require care, some may not, and those that do receive care may again receive variable amounts. At the outset it will in all likelihood not be clear how much time you will have off work and how much care and assistance you will receive. On this basis it is impossible to put a valuation on your claim for special damages; this can only be done when events unfold.
At the beginning of your claim it is somewhat impossible to value your claim. You won’t know how long you are going to suffer, and you won’t know precisely what your losses are. Whilst some injury lawyers may be able to give you a rough idea, this will only be a very rough estimate. No one can give you a definite valuation straight away.
At The Injury Lawyers we are able to provide you with free legal advice and able to point you in the direction of certain guidelines; but we cannot straight away value your claim, as it is simply not possible. What we can do however is vow to get you the maximum compensation you deserve in the shortest time possible!
