Claiming compensation for a personal injury (2024)

FAQs

How much compensation do you get for personal injury? ›

The amount of compensation that can be claimed for general damages depends on the type of injury and suffering experienced, and the severity of it, as well as how long quality of life is affected. Therefore, there isn't a 'one sum suits all' approach to general damages; every single claim is different.

An average personal injury settlement amount is anywhere between $3,000 and $75,000. Be careful when using an average personal injury settlement calculator to give you an idea of what you may stand to collect. These numbers really depend on your individual case and are hard to predict without a professional.

To be successful in a personal injury claim, you need to be able to prove that your injuries were caused because of the negligence of another party. Any documents that you have that can assist with this will need to be given to your solicitor along with details of any witnesses who might be able to assist your claim.

The Damages Formula

The adjuster will multiply the medical special damages number by one and a half to three times if the injury is minor and up to five or more times if the injury is especially deliberating and long-term. After this number is calculated, any income lost as a result of the injury will be added.

General damages:

This award of compensation relates directly to injury and covers any pain and suffering which you have incurred and also any loss of amenity - meaning any affect your injury has had on your quality of life.

Your claim will be considered by an independent, professional, legally qualified adjudicator. The adjudicator will decide whether it's fair and reasonable to make an award for inconvenience and distress.

In general, if you can get close to judgment value of the case in settlement, then it should be considered a very good settlement.

It comes down to math. Very roughly, if you think that you have a 50% chance of winning at trial, and that a jury is likely to award you something in the vicinity of $100,000, you might want to try to settle the case for about $50,000.

On average only 5% of our cases go to trial and that is because most cases do settle at some point before trial. Cases may settle very early in the case, at a settlement conference, at mediation, at the eve of trial, or even in the middle of trial. Deciding whether to settle is a calculated risk.

The amount of compensation you can claim for whiplash range from £240 up to £4,215, depending on the length of time you suffer from your injuries. You can claim directly or use a solicitor for whiplash claims valued less than £5,000. Compensation amounts for severe whiplash injuries can be significantly higher.

What is the limitation period for personal injury claims? ›

Under the Limitation Act 1980 the usual time limit that applies to personal injury claims, known as the 'limitation period', is three years from the date on which the injuries occurred or the date of knowledge if later.

You'll need to include copies of all paperwork that will help your claim, including receipts or medical certificates. You should also keep copies of the originals in case your claim is queried or refused. Your insurer may ask if you have other insurance that may cover the claim.

Pre-action protocols for low-value personal injury claims is a format that those involved in the claim (defendants and claimants) must work on before beginning legal proceedings in court. For a case to be deemed as low-value, the total claim value must be less than £25,000.

The median verdict is approximately $70,000. This significant gap tells us that some severe, life-altering hand injury cases have extremely high values, but many smaller cases are not as debilitating. Our lawyers have handled a large number of severe injury cases involving hands and wrists.

Pain and suffering refers to the physical discomfort and emotional distress that are compensable as noneconomic damages.

Loss of sight, hearing, taste, smell; Brain Injury; Partial or total paralysis; PTSD ; and.

The multiplier method uses the total of your economic damages to calculate the value of your pain and suffering damages. A number between 1.5 and five (the multiplier) is chosen based on the facts of your case. The more severe your injuries and damages, the higher the multiplier.