{"id":1527,"date":"2010-01-29T14:51:15","date_gmt":"2010-01-29T13:51:15","guid":{"rendered":"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/?p=1527"},"modified":"2015-07-30T15:02:07","modified_gmt":"2015-07-30T14:02:07","slug":"jsb-guidelines","status":"publish","type":"post","link":"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2010\/01\/29\/jsb-guidelines\/","title":{"rendered":"JSB Guidelines"},"content":{"rendered":"<p>The most common question asked by client\u2019s who have suffered a personal injury is; \u2018what is my claim worth?\u2019 Everyone wants to know what their claim is worth, what they should expect to receive with regards to compensation but what many of them will not ask is; \u2018<strong>how is my claim calculated<\/strong>?\u2019 <\/p>\n<p>Clients, on occasion, will argue that their claim is worth more than is being advised because \u2018Jo Blogs\u2019 down the road received more or \u2018someone\u2019 told them it would be worth \u2018X\u2019 amount. Many clients believe that liable Defendant\u2019s should pay out sums of money for general inconvenience caused or as an apology for causing the incident. Unfortunately, the system does not work in this manor\u2026so how does it work? Are there <strong>rules and guidelines<\/strong> in place to aid when making valuations?<\/p>\n<p>The answer is yes and the guidelines in place are the \u2018<em><strong>JSB Guidelines<\/strong><\/em>\u2019.<br \/>\n<!--more--><\/p>\n<p>The JSB Guidelines are not \u2018law\u2019 but there use is encouraged across the courts and most (if not all) insurers and solicitors will use the guidelines when valuing client\u2019s claims.<\/p>\n<h2 class=\"h2\">Why were the guidelines implemented?<\/h2>\n<p>One of the most difficult yet common problems for judges hearing personal injury cases in the civil courts, is the assessment of damages for Claimant\u2019s whom have suffered pain, suffering or loss of amenity as a result of the Defendant\u2019s actions. Damages cannot be precisely calculated and each and every case heard, is different. Whilst there is no method of calculation, judges need to ensure that there is some <strong>consistency<\/strong> between awards which are made. <\/p>\n<p>As you can see, judges faced a difficult challenge when valuing <strong><a href=\"http:\/\/www.theinjurylawyers.co.uk\/personal-injury-claims\">claims for personal injury<\/a><\/strong> and it was thus decided that a framework needed to be established in order to assist them in the process. This is when the <strong>JSB Guidelines<\/strong> were brought into place&#8230; 1992 to be precise!<\/p>\n<p>The Guidelines intended to provide a framework whereby cases would fall under an umbrella term dictated by the injuries suffered by the Claimant.<\/p>\n<h3 class=\"h2\">What were the intentions of the guidelines?<\/h3>\n<ul>\n<li>They filter out the unnecessary and irrelevant points which are found in case law. <\/li>\n<li>It illustrates the results of case law in \u2018layman\u2019 terms <\/li>\n<li>The results are depicted in a more logical and coherent format. <\/li>\n<\/ul>\n<p><strong>What the guidelines do not intend to do:<\/strong><\/p>\n<ul>\n<li>They do not intend to provide a solution to the existing problems <\/li>\n<li>They most importantly, do not intend to restrict the judgment of each individual case. <\/li>\n<\/ul>\n<div class=\"well center-block\" style=\"max-width: 400px;\"><a class=\"btn btn-primary btn-lg btn-block\" href=\"#mainform\">Start Your Claim Now!<\/a><\/div>\n<p>We now know why the guidelines were implemented and what they intend to do in terms of aiding the courts in valuing personal injury claims. <\/p>\n<p><strong>Let&#8217;s look at an example&#8230;<\/strong><\/p>\n<blockquote>\n<div style=\"width: 100%; padding-bottom: 7px;\">Mrs Smith was travelling back from her holiday in Cornwall. She is travelling as a front seat passenger, her husband is driving and her 2 children are seated in the back. All family members are wearing their seatbelts and Mr Smith is always cautious when keeping to the speed limits. They reach a junction and have to stop to give way. It is at this point that their vehicle is impacted from behind at very high speed. Their vehicle is shunted out into the traffic on the main road, causing let another collision with another vehicle.<\/div>\n<div style=\"width: 100%; padding-bottom: 7px;\">Mrs Smith immediately notices pain in her neck and back but she is able to move and exit the vehicle unaided. However, Mr Smith and their eldest daughter are trapped in the car. Mrs Smith is able to get her youngest daughter out of the vehicle whom is crying.<\/div>\n<div style=\"width: 100%; padding-bottom: 7px;\">The fire brigade is called to cut Mr Smith and their daughter free from the vehicle. Mr Smith is placed on a spinal board and taken straight to hospital, as is their daughter.<\/div>\n<div style=\"width: 100%;\">They later discover that Mr Smith has a broken leg, some broken ribs and has a severe whiplash injury to his neck and back. Their eldest daughter has a broken nose, severe bruising to her right side and again a whiplash type injury to her back. Mrs Smith and her youngest daughter escaped any serious injury but have whiplash injuries to their neck and back.<\/div>\n<\/blockquote>\n<h4 class=\"h2\">So what can they expect to receive with regards to compensation?<\/h4>\n<p>Below are some examples from the JSB guidelines relating to the injuries that they have sustained and the brackets in which their compensation rewards are likely to fall.<\/p>\n<p><strong>Mr Smith\u2019s leg injury:<\/strong><\/p>\n<p>(c) Less Serious Leg Injuries<\/p>\n<p>(i) Fractures from which an Incomplete Recovery is Made<\/p>\n<p>The injured person will be left with a metal implant and\/or defective gait, a limp, impaired mobility, sensory loss, discomfort or an exacerbation of a pre-existing disability&#8230; <strong>&pound;11,500 to &pound;17,750<\/strong><\/p>\n<p>(ii) Simple Fracture of a Femur with No Damage to Articular Surfaces&#8230; <strong>&pound;5,750 to &pound;9,000<\/strong><\/p>\n<p>(iii) Simple Fractures and Soft Tissue Injuries&#8230; <strong>Up to &pound;5,750<\/strong><\/p>\n<p>Mr Smith\u2019s leg injury falls in to the \u2018less serious leg injury\u2019 category and a valuation in this respect will depend on the severity and duration of the leg injury.<\/p>\n<p><strong>The eldest daughter\u2019s broken nose:<\/strong><\/p>\n<p>(c)  Fractures of Nose or Nasal Complex<\/p>\n<p>(i) Serious or multiple fractures requiring  a number of operations and\/or resulting  in permanent damage to airways and\/or  nerves or tear ducts and\/or facial deformity&#8230; <strong>&pound;6,750 to &pound;14,750<\/strong><\/p>\n<p>(ii) Displaced fracture where recovery complete but only after surgery&#8230; <strong>&pound;2,500 to &pound;3,250<\/strong><\/p>\n<p>(iii) Displaced fracture requiring no more than manipulation&#8230; <strong>&pound;1,600 to &pound;2,000<\/strong><\/p>\n<p>(iv) Simple undisplaced fracture with full recovery&#8230; <strong>&pound;1,100 to &pound;1,600<\/strong><\/p>\n<p>Again, the valuation will all depend on the severity and duration of the injury. If a full recovery is made without any complications then a lower valuation is to be expected. However, should the fracture require surgery in order to correct it then she can expect to recover a much higher valuation.<\/p>\n<p>These are just a few examples and the above scenario contains multiple injuries. All injuries will be covered by a framework similar to the examples provided above and all aspects of the injuries will be taken in to consideration alongside the consideration of existing case law. <\/p>\n<p>Whilst the <strong>JSB Guidelines<\/strong> are not a definitive answer as to what you will definitely receive with regards to a compensation reward; they act as a very good indicator and you can be sure that they will be used and followed when your own claim is being valued.<\/p>\n<p>Call us on <strong>0800 634 7575<\/strong>, or if you prefer why not arrange a callback from one of our team, for instant FREE advice on whether you have a compensation claim to make!<\/p>\n<p>Need one of our expert claims team to call you back about an injury claim? Then please enter your name, the telephone number you would like us to call you back on, the accident type and when you would like us to contact you in the form below.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The most common question asked by client\u2019s who have suffered a personal injury is; \u2018what is my claim worth?\u2019 Everyone wants to know what their claim is worth, what they should expect to receive with regards to compensation but what many of them will not ask is; \u2018how is my claim calculated?\u2019 Clients, on occasion, &hellip; <a href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2010\/01\/29\/jsb-guidelines\/\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">JSB Guidelines<\/span><\/a><\/p>\n","protected":false},"author":10,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[],"class_list":["post-1527","post","type-post","status-publish","format-standard","hentry","category-understanding-law-claims"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>JSB Guidelines<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2010\/01\/29\/jsb-guidelines\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"JSB Guidelines\" \/>\n<meta property=\"og:description\" content=\"The most common question 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