01482 778 463

We're here to help 01482 778 463

CLAIM ONLINE
Hudgell Solicitors™ | Latest News | Personal Injury Compensation Guidelines

Personal Injury Compensation Guidelines

Simon Wilson at Hudgell Solicitors


If you are considering making a personal injury claim, it’s important that you understand the possible outcomes. Here we outline the main elements that are taken into account when calculating your compensation sum.

Why claim compensation?

The principle reason that somebody makes a personal injury claim is to obtain compensation for their injury and to recover out of pocket expenses that have been a result of that injury. You may have lost income, paid treatment costs and will have suffered from pain. The aim of compensation, from a solicitor’s perspective, is to return you to your financial position prior to the damage that occurred.

What are the main elements of personal injury compensation?

The elements that make up your compensation are known as ‘heads of damage’. There are two main compensation considerations:

  • Compensation for the effects of your injury
  • Compensation for the finances you have lost because of the injury

Pain, suffering and loss of amenity

Compensation for the effects of your injury is reflected in an award for “pain, suffering and loss of amenity”. This is intended to compensate you for the pain and suffering caused by the injury but also for the impact that the injury has had on your enjoyment of life. Loss of amenity might, for instance, cover compensation for being unable to enjoy your regular hobbies.

Cost of nursing care

In some cases, you may suffer from an injury which requires professional nursing care. In significant personal injury cases, involving a brain injury for example, this may be the biggest element of a claim.

If you have alternatively been cared for by a family member or close loved one, you can also make a claim for gratuitous care. Whilst not provided by a professional, this ensures that you can still be compensated for the time that somebody else has spent caring for you.

Past financial loss

Finances that you have lost to date, which directly relate to your injury, may be accounted for in your claim. This loss might include small expenses, such as the cost of damage to your possessions at the time of the injury, or costs of travel to and from the hospital. In other cases your financial loss may be much more substantial, such as loss of earnings over a significant length of time.

Financial loss will also account for what you may lose out on in the future because of your injury.

Disadvantage on the labour market and loss of congenial employment

Your injury may mean that you will struggle to carry out your job or would find it difficult to find a new job in that field. If so an award of damages can be made to reflect that.

In certain circumstances, you may have to give up a career entirely as a result of the injury you’ve sustained. In this case, it may be possible to obtain a sum of money to compensate for the loss of job satisfaction and fulfilment. This compensation is referred to as damages for loss of congenial employment and can be claimed in addition to your financial losses.

How much compensation will this amount to?

Because pain, suffering and loss of amenity are deeply personal and subjective losses, compensation will completely depend on the circumstances, without black and white calculations. However, similar past cases will be referenced to help assess what is a fair sum. There is also a framework called Judicial College’s Guidelines which sets out guidelines as to the level of compensation to be awarded.

Possible deductions

There are further factors which may affect your final sum. First, your compensation may be reduced if you were partly to blame for your accident, or at least for the extent of damage (for example, not wearing a seatbelt). Secondly, if you have been receiving social security benefits because of your accident, these may need to be reimbursed to the Government.

Personal injury compensation payment

Whilst usually in the form of a one off payment or lump sum, in larger cases annual payments can be made. This helps to ensure that damages used for future losses are not used up too quickly. The need for annual (periodic) payments over a lump sum will always be thoroughly evaluated.

Would you like to talk to one of our personal injury solicitors to find out where to go from here? Take a look at our personal injury claim information or call us on 0808 231 6066.

No Comments

Leave a Reply

*Required

Request a callback

Request a callback from a solicitor

 I am an existing client.









What Our Clients Think

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I would recommend this company to …

"I would recommend this company to anyone very helpful and quick they kept me up… "

Mrs Clare Kett

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Impeccable service and results

"Impeccable service and results, very informative & helpful, thank you for everything!"

Miss Isabelle Jowett

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Professional and helpful service

"Found the service and advice from my contact at Hudgell to be very professional and… "

Sue

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

1st class service …

"I can not fault them kepted me up to date with what was going on… "

Mr Mark Ward

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Thank you very much for your help with …

"Thank you very much for your help with sorting my case against London Police. Very… "

Mr Greg K.

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I found Hudgell Solicitors to be absolutel professionals

"I found Hudgell Solicitors to be professional from start to finish, helpful, approachable and honest… "

Vanessa T

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

genuine caring company honest and …

"genuine caring company honest and sincere I would recommend them highly"

customer

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very happy with the fast service I have …

"Very happy with the fast service I have received would 100% recommend and use again"

Mrs Gemma Welburn

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

i must say they have handled my case

"i must say they have handled my case, amazingly well!!!. i would very much recommend… "

Mr Fahad Ali

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

After starting my case with rapid …

"After starting my case with rapid solicitors, Hudgell took over the company, there was minimal… "

Mr Alan Scott Foster

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

My claim looked like it was going to be …

"My claim looked like it was going to be dragged out and the other party… "

shelley bond

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great from start to finish.

"Great from start to finish. The staff are Very friendly professional and helpful and kept… "

Mr Darren Barnes

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

We have recently used Hudgell …for a negligence claim

"We have recently used Hudgell Solicitors for a negligence claim.The way that dealt with a… "

Mrs Rosemary Joynes

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Extremely professional and efficient

"Extremely professional and efficient. Every effort was made to guide us through the process and… "

SMK

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Good result although process was a …

"Good result although process was a little long winded considering the other party was totally… "

Mrs Elizabeth Ryan

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Ihad the need to use a solicitor i had …

"Ihad the need to use a solicitor i had never heard of HUDGELL SOLICITORS at… "

Tina Dridge

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I am satisfied,profesional service ,I …

"I am satisfied,profesional service ,I recommend to everyone."

Miss Stanislawa Szczubelek

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very good polite and fast service

"Very good polite and fast service"

Lesley Hubbard

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell's did a good job

"Nasreen did a good job and Hudgell's were great throughout"

AJV2017

Rated 9.2 out of 10 based on 313 reviews

Powered by Trustpilot

© 2017 Hudgell Solicitors®. All Rights Reserved.

Hudgell Solicitors is a trading name of Neil Hudgell Limited | Director Dr. Neil Hudgell MA LLB (Hons) LLD | Registered in England No. 7078429 | Authorised and Regulated by the Solicitors Regulation Authority | SRA No. 521372 | VAT Registration No. 254 7802 90