How Is The Level Of Compensation Calculated For My Personal Injury Claim?

If you have been involved in an accident that was not your fault and you are looking to pursue a claim for personal injury compensation, the first thing you will want to know is how much compensation you are entitled to.

That is not as simple a process as you might think, and certainly there is no set entitlement to receive injury compensation, and nor is the amount that you receive by way of compensation set by some standard level either. The media has done a number of things in this current climate to demonise the making of a personal injury claim, and to highlight the myth that people can retire upon such settlements from even a minor incident. That is not the case and is actually very far from the truth.

Many people assume that the amount of compensation they receive should they successfully pursue a claim for personal injury compensation is related in some way to the level of negligence shown by the responsible party, the Defendant.

That is true of the American system, but it is not the case in England and Wales. No matter how poor the behaviour of the Defendant in causing the accident that caused your injuries, the level of injury compensation you receive involves no element of punishment to the Defendant.

This is true whether you are involved in a road traffic accident, whether you suffered an accident at work, or you are the victim of medical negligence – the level of injury compensation that you receive when successfully pursuing a claim is based upon the legal aim to place you back in the position you would have been had this accident and the personal injuries that followed the accident never occurred.

Clearly, when you have suffered a personal injury, it is not possible to fix your body to the point that you had never had an accident or injury, and so you receive compensation for your injuries in the form of money to make up for the pain, suffering and inconvenience you have experienced as a result of the accident that was not your fault.

The level of compensation you ultimately receive in a successful personal injury claim is based upon a number of factors, including…

a) The actual physical and/or psychological injury that you have sustained
b) The severity of the injury and symptoms that you suffered
c) How long the symptoms of your injuries both physical and psychological are expected to last and whether a full recovery can be made.
d) The impact the accident and the injury sustained in the same have had upon you – your life individually. This is where the individual nature of personal injury claims comes into play, and therefore the individual impact upon for example your hobbies, family life, occupation, and in many cases your future is considered.

Further, the amount of compensation you receive for your successful personal injury claim is also dependent upon the established Legal Guidelines that exist for the valuation of your personal injury claim amongst other things. These Guidelines determine the compensation (relevant to your own personal injury claim, the injuries you suffered and the effect that it had upon you. These Guidelines are the first port of call used by injury solicitors, barristers and Judges when deciding what constitutes a reasonable level of injury compensation for your successful claim.

The first thing to understand at this point, is that the compensation amounts awarded to injured victims of accidents that were not their fault in the England and Wales system is not generous. For example, the worst kind of physical personal injury for which you can receive injury compensation in the English legal system is for personal injuries causing tetraplegia. The compensation award for such a claim means that you shall receive in the current system (as of November 2015) anywhere between £271,430 and £337,700 at absolute maximum, for the personal injury compensation element of the claim.

Clearly, you will not be in a position to work should you suffer such a terrible injury, but your working days and therefore income would be over. You would certainly not be able to retire with this level of award, and that is why other elements are taken into consideration to make the total compensation package that you receive. For example your financial losses outlining money that you have spent as a result of suffering the personal injury is concerned, your loss of earnings and the cost of people looking after you, amongst other things all form part of your claim, and total compensation received.

That is a subject for a further blog post for you to watch out for on our website, as this blog is to help you understand the value of the personal injury aspect of your claim only.

As a result of the Government changes to the legal system applying to personal injury claims on 1 April 2013, a maximum of 25% of what you recover by way of compensation for your personal injury claim is now deducted to take into account a contribution towards the legal fees you incur with your solicitor pursuing the claim. You will clearly see therefore that it is more important than ever that you ensure that you have on your side an experienced personal injury lawyer, knowledgeable of the Court Rules and the method of ensuring you obtain the maximum compensation to which you are entitled.

Richardsons & Co Solicitors are experienced personal injury solicitors based in Crewe, Cheshire, serving all of England and Wales, who are renowned for obtaining excellent results for all clients who have suffered personal injury as a result of an accident that was not their fault.

If you would like to know more about your personal injury claim – do not hesitate, contact us NOW on (01270) 747154 or by completing the simple form HERE NOW for a FREE No Obligation Assessment of Your Claim from the experts.

Your claim will only be handled by an experienced personal injury solicitor who is fully qualified specialising only in personal injury claims to ensure you receive the best possible service and the maximum injury compensation to which you are entitled.

CLAIM the compensation You are entitled to NOW and ensure you have the experts on your side!

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