Quantum of a personal injury claim

Quantum of a personal injury claim

So what does the term quantum actually mean? Quantum in law essentially means value. Every day we get asked questions along the lines of “How much compensation will I receive?” and “What’s the value of my claim?”

The first point to note is that it’s impossible to value a claim at the outset – any value given by Solicitors at this stage is an approximate – for example if your injury sounds like a general whiplash injury you may hear figures of £1,500 to £2,000 being talked about.

However, in reality, it’s impossible to properly value a claim at the outset as the value of a claim depends on the injuries sustained and the effect of the injuries on the Claimant’s life.

When all the medical evidence has been obtained it’s then possible to value a claim.

This is done generally by looking at past cases. In terms of most injuries there would be past cases with very similar injuries. These can be studied as a rough guide.

At this stage a Solicitor may also seek advice from a Barrister.

The Barrister would consider relevant past cases and would be able to put a rough value on the claim. There are also guidelines known as the Judicial Studies Board (JSB) Guidelines. The guidelines set down brackets for valuing claims.

Valuing claims can take some time as it does involve looking at past cases and current guidelines. Obviously inflation is also taken into account. A case that settled for £1,000 20-years-ago would be worth a lot more today. From a simple internet search you may be able to find an inflation calculator and this is similar to what is used by Solicitors and Barristers.

As soon as all medical evidence is obtained and agreed it would be disclosed to the other side. We would then ask the other side to return to us with an offer of compensation. Obviously, if liability is denied, we may press ahead and issue Court Proceedings. If liability is admitted, then we expect the Defendant to return to us with an offer of compensation.

In terms of a value, it always depends on the injuries sustained and the effect that the injuries have had on the Claimant’s life.

We always try to recover the best settlement for our client’s. We often obtain advice from Barristers regarding quantum and if we consider that an offer of settlement is too low then we can advise you of this.

Of course it’s always the Claimant’s decision.

Even if we advise that an offer is low a Claimant can accept it if he or she wishes. It’s our job at The Injury Lawyers to give the Claimant all the necessary advice so that he or she can make an informed decision.

To discuss a potential personal injury claim don’t hesitate to give us a call – free from a landline or mobile – on 0800 634 75 75.