As with any legal issue, there are many factors which can impact the value of a personal injury compensation claim. What on the surface may seem an open and shut case, can sometimes be impacted by issues of which you are not aware. Consequently, it is crucial that you take advice before pursuing a personal injury claim.
By taking professional advice, from a personal injury claims solicitor, you will know how to structure your claim, the documentation required and how to maximise compensation for a legitimate case.
Nature and severity of injuries
As you would expect, the nature and severity of your injuries can heavily influence the level of compensation with a successful prosecution. This is where it is useful to have a personal injury solicitor working on your behalf as many will have been there, done it and worn the T-shirt.
The majority of personal injury claims companies will offer a no-win no-fee arrangement where they believe you have a good chance of success. In this scenario, they would look to negotiate a success fee of up to 25% of any compensation awarded for their work. For those without funding to pursue a legitimate personal injury claim, this can be a godsend.
We will now take a look at the various issues which will impact the value of your personal injury compensation claim.
Medical expenses
In theory, there is no limit on the level of medical expenses included in a legitimate personal injury compensation claim. For example, if you were to require medical assistance for the rest of your life then this would be taken into account. This element of any claim could include a range of medical expenses including:-
- Private hospital bills
- Surgery
- Medication
- Therapy
Where treatment was available under the NHS, you would be expected to go down this avenue within an “acceptable timeframe”. However, where the accused has already accepted liability they may allow interim payments for private hospital treatment and the associated expenses in certain situations.
It is also vital to note that some cases may take months if not years to resolve, therefore it is important to retain all medical expenses documentation. In theory, it shouldn’t be too hard to obtain copies but in practice, it may not be as easy. You may forget something!
Lost wages and income
For many people, lost wages and other income streams will make up the vast majority of a personal injury compensation claim. Your ability to return to work could be impacted by a whole range of different scenarios such as:-
- Disability
- Inability to return to the original role
- Reduced earning capacity
It’s important to consider that some personal injury claims do not just include compensation for expenses and lost income up to the date of the agreement. For example, if you are unable to work after a bad car accident, or even only able to work in a reduced capacity, lost income for the rest of your working life could be taken into account. This assumes that the injuries would impact your ability to work up until retirement – i.e., had an impact on your natural working career.
There is also the matter of missed bonuses, potential salary rises as well as pension payments, all of which can be taken into account. Again, this is why it is important that you take advice from a professional personal injury claims solicitor, people who have been there, done it and know how to present your claim correctly. If you ask for a relatively low level of compensation in your claim, it is not up to the courts or the accused’s lawyers to correct this!
Pain and suffering
When it comes to personal injury compensation claims, you will often hear the term “pain and suffering” mentioned as a basis for financial recompense. This is best described as the legal term for physical and emotional stress caused by an injury. In this scenario, it is caused by the negligence of one or more third parties. There are a number of different factors to take into consideration such as:-
Physical pain
Any short, medium or long-term physical pain should be reflected in a compensation claim. In some cases, you may need a diagnosis from an expert in a particular field. Bizarrely, when it comes to compensation for physical pain, immediate death in a fatal accident will attract a smaller payout, simply because the pain was limited. In this scenario, a potentially large claim for lost income will reflect this sad situation.
Emotional distress
Over the last few years, we have seen a movement within the legal profession to recognise emotional distress on a par with physical distress. Consequently, a proven level of emotional distress as a consequence of your accident would be taken into account.
Loss of enjoyment
This can be a difficult element of compensation to prove but when you take into account reduced mobility, family life and physical relations, it all becomes a little more recognisable. Why should you suffer the loss of enjoyment as a consequence of someone else’s negligence?
Mental anguish
As we touched on above, emotional/mental anguish is essentially seen on a par with physical injuries. Unfortunately, in the event of a serious accident, some people can struggle to adapt to their new life, suffering physical and psychological injuries which can cause serious mental anguish. There might also be a knock-on effect on family and friends which may also be taken into account.
Individual and contributory liability
There will be some personal injury claims where it is abundantly obvious that one individual was responsible. In other claims, there may be more than one party and very often you will see the claimant partly responsible for their own injuries. There is a common misconception here, the idea that just because you had something to do with the accident and resulting injuries, you can’t make a compensation claim. This is simply wrong.
For example, if you were found to be 50% liable for the accident and resulting injuries, then your headline compensation claim may be reduced by 50%. It may be that for example, you were under the influence of alcohol when you experienced your injury, although the other party was also negligent. Just because you were partially responsible for your injuries does not negate the legitimacy of your claim.
It obviously goes without saying, but you need to collect as much evidence as possible to strengthen your case, even if it is just to prove a relatively mild degree of negligence on your behalf. You have to be able to fight your own corner!
Conclusion
On the surface, many personal injury claims appear relatively straightforward but when legal arguments begin, things can get very complicated. Consequently, it is crucial that you are aware of factors which may impact the value of your legitimate personal injury compensation claim. This is why many people take on the services of a personal injury claims company; using a solicitor who has been there, done it and knows how to approach your claim.
While those providing a no-win no-fee arrangement may stake a claim for up to 25% of any compensation awarded, the majority of companies will pay for themselves many times over. Indeed, those taking on this type of arrangement are often short of funding and may not have been able to pursue even a strong legitimate claim on their own.
