By Jo Anderson. Last Updated 31st January 2024. Compensation amounts, payouts and settlements are subjected to calculations in the likes of personal injury claims and medical negligence cases.
These calculations take into account a number of different factors and financial losses.
On this page, and those that we link to below, we explain how compensation is calculated in personal injury claims and other case types.
You can also find links to some of our case studies on claiming compensation. We cover everything from head injuries to knee injuries and everything in between.
If you would like a free compensation calculation to see what you could be entitled to if you made a claim, then call us for free using the number at the top of this page.
You can also write to us here about your compensation claim.
Select A Section
- How Compensation Is Calculated In Injury Claims
- What Factors Are Taken Into Account When Calculating Compensation Amounts?
- Are Any Deductions Made From Compensation Amounts?
- Get A Free Compensation Calculation Today
- Learn More In Our Case Studies
How Compensation Is Calculated In Injury Claims
Compensation in personal injury claims and medical negligence can be made up of two different heads of claim:
- The physical as well as psychiatric harm you sustain as a result of the accident is compensated under general damages.
- Certain monetary losses you sustain due to your injuries can be reimbursed under special damages.
Those tasked with calculating a possible figure for general damages in your claim can refer to the Judicial College Guidelines (JCG) alongside your independent medical assessment. The JCG publication details the guideline award brackets for various different injuries. We have created the following table using these compensation guidelines, except for the first entry.
| Type of Injury | Notes | Compensation Range |
|---|---|---|
| Multiple severe Injuries inclusive of financial expenses. | A combination of severe injuries that cause severe pain and suffering as well as financial losses such as loss of earnings. | Up to £1,000,000+ |
| Tetraplegia/Quadriplegia (a) | The higher range is appropriate in cases where physical pain is present there is significant impact on the ability to communicate. | £324,600 to £403,990 |
| Brain Injury - Very Severe (a) | The injured party might have some limited ability to follow basic commands. However, they will need full-time care and there will be little meaningful response to the environment. | £282,010 to £403,990 |
| Brain Injury - Less Severe (b) | Some good levels of recovery will have been made. However, the injured person may still suffer with poor memory and concentration. | £15,320 to £43,060 |
| Leg Injury - Amputations (i) | Where both legs have been amputated above the knees, or where one has been amputated above the knee and the other below the knee. | £240,790 to £282,010 |
| Leg Injury - (iv) Moderate | Crush injuries to one leg that are severe, or complex fractures. Multiple fractures could also be compensated for under this bracket. | £27,760 to £39,200 |
| Neck injuries - Severe (a) | Causing permanent pain and loss of movement. Conditions such as spastic quadriparesis or incomplete paraplegia. | In the region of £148,330 |
| Back Injury - Severe (i) | Severe nerve root and spinal cord damage, causing a combination of very serious consequences not typically found in back injuries. | £91,090 to £160,980 |
| Shoulder Injury - Severe | Including damage to the brachial plexus , for example. | £19,200 to £48,030 |
The financial losses you incur due to your injuries can be reimbursed as part of your compensation award under special damages. It may be that you have to take time off work to recover from your injuries. A solicitor will calculate how much income you have lost during your recovery, as well as the future earnings you have lost due to your being injured.
Other examples of costs could include medical expenses that are paid out of pocket, travel costs and home modifications in cases where your mobility has been reduced or the cost of domestic care.
It is important to provide evidence for both heads of claim. For general damages, this is your independent medical assessment and other medical evidence from your treatment. Evidence for special damages is financial documents such as; your payslips, receipts, care invoices, travel tickets, receipts and other bills showing expenditures related to the harm you have experienced.
What Factors Are Taken Into Account When Calculating Compensation Amounts?
When compensation amounts are being calculated for injury claims, various factors will be taken into consideration. Some examples of the factors that may be considered include:
- The type of injury you suffered. This could include whether it is a physical or psychological injury.
- The severity of your initial injury.
- The treatment your injury requires.
- The recovery rate.
- The special damages you have suffered and whether any future losses are included in this, e.g. a future loss of earnings.
However, to be able to make a personal injury claim for compensation, you will need to ensure you meet the eligibility requirements. Meaning you will need to demonstrate that your injuries were directly caused by a relevant third party breaching their duty of care.
Some examples of where you are owed a duty of care include:
- Your employer owes you a duty of care while you are working under the Health and Safety At Work etc. Act 1974. Per their duty, they must take reasonable steps to ensure your safety while working.
- While on the roads, all road users owe one another a duty of care. They must use the roads in a way that avoids causing harm to each other, as well as adhering to the Road Traffic Act 1988 and the Highway Code.
- Those in control of public spaces owe you a duty of care under the Occupiers’ Liability Act 1957. Per their duty, they must take necessary steps to ensure your reasonable safety while you are using that space.
If you have any questions regarding compensation for injury claims, you can contact our advisors.
Are Any Deductions Made From Compensation Amounts?
You could instruct a solicitor to guide you through the claims process. Under the Conditional Fee Agreement (CFA) they offer, a solicitor would be entitled to a success fee if they help you win compensation.
The terms of the agreement mean that they can collect a percentage of your compensation. This is known as their success fee.
Up to 25% of a payout can be deducted, but it is not guaranteed that your solicitor would take the highest amount. Our solicitors talk with claimants to agree on a percentage before the case begins. The Conditional Fee Agreements Order 2013 sets a legal cap which means the deduction cannot exceed 25%.
A CFA is a type of No Win No Fee contract. This means that, as well as the solicitor not charging for their work upfront or as the claim goes on, you will not have to pay legal fees if the claim does not succeed.
Get A Free Compensation Calculation Today
If you’d like to get a free compensation calculation today, why not call our free Accident Claims helpline?
We offer free advice to everyone who gets in touch. We can advise you on your potential claim and how much compensation you could be entitled to.
If we can see that you’re entitled to make a claim, we can connect you with our experienced No Win No Fee solicitors.
To speak with us now, call us on the number at the top of this page.
Learn More In Our Case Studies
Below, you can find some links to our case studies where you can learn more about how compensation is calculated in personal injury claims and other types of cases:
- To check compensation payouts for post-traumatic stress disorder, head here. You can find a full case study and other average settlement amounts.
- If you’d like to read our case study on dog bite settlement amounts, head here. You can learn how the claims process works and how compensation is calculated.
- For more on calculating compensation payouts for a psychiatric injury, head here. You can learn about the different types of injury you can claim for and the differing payouts for severity.
- To learn more about criminal injury compensation payouts for being stabbed, head here. This case study explains how one of our clients obtained an award after a brutal attack.
- Our case study on claiming compensation after a pavement trip also offers lots of useful advice. You can learn about the claims process and what you can be compensated for.
