How a claim is valued

In a Personal Injury Claim, the total compensation is made up in 2 parts; “General Damages” and “Special Damages”. It may also be possible to claim interest on the total award under Section 69 of the County Courts Act 1984.

General Damages

This part of the compensation award is for non-pecuniary loss for the pain, suffering and loss of amenity following an accident or illness. The amount of compensation awarded will depend amongst others, the nature of your injuries or illness, the severity, any restrictions in your daily lifestyle such as not being able to do your hobbies and whether there is a long-term disability. It is also possible to claim for psychiatric injuries for example, clinical depression. The total value of general damages is assessed using various legal publications as guidance and to compare similar claims that have been settled in the past. These are available in:

• Judicial Studies Board 'Guidelines for the Assessment of General Damages in Personal Injury Cases'
• Kemp and Kemp on 'Quantum of Damages'
• Current Law

Special Damages

Special Damages is the part of the award to pay for any financial losses or out of pocket expenses. This means that you can claim for past and future losses as a result of their accident or illness. Below are some common examples of what can be claimed for:

• Loss of earnings for past and future including overtime, bonuses and loss of promotion prospects (known as damages for "lost chance");
• Prescription costs;
• Travelling expenses and or parking charges to see your doctor or hospital (including that of your relatives visiting you in hospital);
• Cost of care (amount paid to carers but also including a notional sum for care provided free-of-charge by a friend or relative - although this is usually awarded at a lower figure than that which can be claimed for "commercial care");
• Cost of special aids and equipment needed to help you;
• Any losses that might arise in future such as loss of pension.

In addition to the above list, it is also possible to claim for other items for example private health care, vehicle repair costs and all other expenses which you would not have incurred has the accident not taken place. If you are unsure whether you can claim for a loss or not, ensure that you keep a note of it and you can discuss it with one of our solicitors during the course of your claim

Keep a record

We recommend that you keep a record of your losses, injuries and how you are recovering by noting them in a personal injury diary. You can download a free copy by clicking here. Our personal injury diary has been specifically designed to help you keep a detailed record of items that can be used as evidence in your claim in future or even can be useful for your solicitor to see.