When someone suffers an injury due to the negligent or intentional actions of someone else, they may choose to make a personal injury claim to obtain compensation for the damage sustained. Personal injury compensation amounts can be considerable, but so can the costs of suffering such an injury.
The question of average payout for specific circumstances is often asked, but this is impossible to answer due to the multitude of factors that determine this value. A mild sprain will be rewarded with a significantly lower compensation amount than a head injury due to its severity. Meanwhile, a soft tissue injury might be more ambiguous.
However, this is without first considering the many costs that an injured person may have to cover, such as medical care or adaptations to their home, which will also be considered when calculating compensation. For this reason, you should speak to a personal injury specialist - such as those at Ramsdens Solicitors - to understand how much compensation you could claim for your injury.
If you are considering making a claim for compensation, you should understand what it means to do so, and how much compensation you could be awarded if you are successful. In the following guide, we explore the various financial, time and energy costs involved in making a personal injury claim.
Factors that affect personal injury compensation payouts
The compensation figure from a personal injury claim is reliant on a multitude of factors. A key determinant is the severity and nature of the injury. In most cases, more serious injuries tend to yield higher compensation. However, compensation is not merely dictated by the physical impact but is also influenced by what are known as 'general' and 'special' damages.
General damages refer to compensation for the pain, suffering and loss of amenity endured by the individual. This element of a personal injury claim is designed to compensate for the physical and psychological impact of an injury. It is calculated based on the severity of the injury, the pain and suffering experienced, and the extent of any long-term disability or disfigurement. The impact on a person’s ability to engage in hobbie and leisure interests is also taken into consideration.
Special damages, on the other hand, are designed to reimburse the claimant for any financial loss incurred as a result of the injury. This could include loss of earnings, medical expenses, costs associated with care and assistance, and other out-of-pocket expenses directly related to the injury.
Average payout estimates for different types of personal injury claims
The average payout for personal injury claims can significantly vary depending on the nature of the case. Traffic accidents, for instance, involving motor vehicles, pedestrians and cyclists, often result in substantial compensation due to the high potential for serious injuries.
Similarly, workplace injuries, depending on their severity and the degree of employer negligence involved, can also command significant payouts. Slips, trips, and falls, particularly when they occur in public places or workplaces where health and safety regulations have been breached, can also lead to considerable compensation.
Criminal injury awards via the Criminal Injuries Compensation Authority (CICA) have their own unique compensation ranges.
How to maximise your potential payout
To enhance your potential payout, it is imperative to document the incident and injury meticulously. This includes maintaining records of medical appointments, treatments, and any related expenses. The role of a personal injury solicitor is also crucial in this regard. An experienced solicitor can help present your case effectively, negotiate with insurance companies, and ensure that your claim is filed in a timely manner.
How does a no win, no fee agreement benefit my costs and savings?
All of our personal injury claims are no win, no fee, meaning you are at minimum financial risk when deciding to make a claim for injury compensation with us. We will not expect you to pay an initial fee for the legal process, and you will only be required to pay your legal costs to us if we are successful in claiming compensation for you.
Limitations and exceptions to personal injury payouts
It is important to bear in mind the limitations and exceptions to personal injury payouts. The concept of contributory negligence, for instance, can affect your compensation if you were partly at fault for the accident. The statute of limitations is another key consideration: generally, you have three years from the date of the accident (or from when you realised you were injured) to make a claim. In certain cases, there are exceptions to these general rules:
- Children: if the injured party is a child, the three-year limitation period does not begin until their 18th birthday. In such cases, a parent or guardian can make a claim on behalf of the child at any time before they turn 18, and the child can bring their own claim within three years after reaching adulthood.
- Mental capacity: if the injured person lacks the mental capacity to make legal decisions, such as in cases of severe brain injury or mental impairment, the three-year time limit may not apply until they regain capacity. In such instances, the time limit may start running from the date when the person recovers their mental capacity.
- Industrial diseases: in cases where the injury or illness is the result of exposure to hazardous substances or unsafe working conditions over an extended period, such as occupational diseases or industrial-related illnesses, the three-year time limit may commence from the date of knowledge of the condition, which may be years after the exposure occurred.
- Delayed onset of symptoms: sometimes, an injury or illness may not manifest immediately after the accident or incident. In such cases, the three-year time limit may begin from the date when the symptoms first appeared or when the person became aware that their injury was related to the accident.
The process of making a personal injury claim
Immediately after sustaining an injury, you should make sure you seek the medical help you require. Even if you feel fine or cannot see any sign of injury, you should prioritise seeing a medical professional. In many cases, serious injuries may not manifest at first, but their symptoms can grow over time, leading you to suffer significantly down the line.
Once you are safe, you should report the incident to the relevant authorities or parties involved. In cases of road traffic accidents, this may involve notifying the police and your insurance company. If the injury occurs at work, it should be reported to your employer and documented in an accident book or incident report.
Selecting the right personal injury solicitor to handle your claim is paramount. Look for a solicitor who specialises in personal injury law and has a track record of success. Ramsdens Solicitors has had decades of success working in the personal injury claims area. When you contact us, you can be confident that you have seasoned experts at your back.
Your solicitor will guide you through the process of claiming compensation. We will start by gathering all the necessary evidence to support your case, including medical records, witness statements, and any other relevant documentation. Your solicitor will then calculate the appropriate level of compensation based on the severity of your injuries, the impact on your life, and the associated financial losses.
In many personal injury cases, the responsible party's insurance company will be involved. Your solicitor will handle all communication and negotiations with the insurance company on your behalf. It is important to note that insurance companies are primarily motivated by minimising their financial liability. Therefore, having an experienced solicitor by your side can help ensure that your rights are protected and that you receive fair compensation.
Usually, personal injury claims are resolved through negotiation and settlement without the need for court proceedings. Your solicitor will engage in discussions with the defendant's legal representatives or insurance company to reach a fair settlement agreement. If an agreement cannot be reached, it may be necessary to initiate court proceedings. However, going to court is usually a last resort, as it can prolong the process and incur additional costs.
Throughout the process, your solicitor will provide you with guidance and advice, keeping you informed about the progress of your claim. They will advocate for your best interests, aiming to secure the maximum compensation you are entitled to based on the circumstances of your case.
The importance of speaking to a personal injury legal professional
The factors influencing the average payout of personal injury claims in the UK are myriad and complex. It is always advisable to seek professional advice when dealing with a personal injury claim to ensure you understand your rights, the process, and the potential compensation. While compensation can never truly make up for the harm suffered, it can go some way towards easing the financial burden often associated with personal injury. It can cover medical expenses, make up for lost income, and compensate for the pain and suffering endured.
By seeking the help of legal professionals, you can have your situation assessed and get an estimate of how much compensation you could be looking to claim, helping to inform you on whether making a personal injury claim is worth your time and effort.
For more information about our no win, no fee personal injury compensation claims services, call us today on 01484 821 500, email us at info@ramsdens.co.uk, or fill out an online contact form and we will call you back at a time specified by you. Alternatively, browse the Personal Injury section of our website to find a service dealing in your specific injury for more information.