How much will you get?
All cases are different, and different Judges give different sums for similar injuries. Your solicitor will take into account the following items:
Compensation for pain and suffering
If you get injured or get a disease because of work, you are entitled to compensation for the pain and inconvenience and disability. Compensation for pain and suffering runs from under £1,000 for slight injury to about £150,000 for very serious injury, such as paralysis or total blindness. If you read of awards of much more than this, it is because of the other items that you can claim for.
Interest on compensation given for pain and suffering
This is paid at 2% from the date the court papers starting the case going are sent to the firm or person you are claiming from. The sooner a court action is started, the more interest you get.
Loss of wages and expenses
Expenses include travelling expenses to hospital or prescription charges. You get loss of wages and these sorts of expenses up to the date of the trial or the settlement of your case by agreement. This item has a special name. It is called special damage. It can be worked out precisely.
Interest on past loss of wages and expenses
This is paid, at present, usually at 3.5% from the date of the accident until the case is settled or won in court. But it is only paid if a court action is started. Another good reason to use a solicitor who will get the court case going.
Future loss of wages
If you have to change your work because of an accident and your wages drop as a result of it, or if you cannot work at all because of your injury, you may get a big sum for future loss of earnings. For example, a person aged 40 may get this loss, worked out on a yearly basis, and multiplied by 17 years. If the loss, clear of tax, is £50 a week, and is permanent, you should get £50 x 52 weeks x 17 years, which is £44,200.
It is most important to tell your solicitor if you think you have lost money, or are going to lose money in the future, because of your accident.
Loss of earning capacity
You might go back to work after an accident without any loss of wages or salary. But the accident might have left you with a handicap for other jobs. If your injury prevents you from climbing or lifting or walking on rough ground, or working with oil, or working outside in cold weather, then even if you do not have to do such things now, you will be entitled to compensation if there is a risk in the future that you might have to do such things. You will have suffered a handicap for other work and, depending how big the handicap is, you will receive compensation for this, but only if you claim for it. This is called Ïloss of earning capacity or Ïdisadvantage on the labour market.
Care
If you need someone's help, whether it is for a few days, weeks, or forever, because of the injury, you can claim for this even if the help is given free by a relative.
Help in the house
If you cannot do the shopping or the gardening because of a bad back, or you cannot carry pans, or peel potatoes because of a wrist injury, and someone else does this for you for, say one or two hours a week, you can claim for this work at the rate of about £5 or £6 an hour. You can claim for help given to you in the past, and for help you will need in the future.
Medical expenses
Medical expenses are compensated. You are entitled to the cost of private medical treatment but, unless the other side admits fault, you are not likely to get this money before your case is finished.
Aids and adaptations
Special equipment to help you cope with the injury: you will know what this is yourself if you are seriously injured, and your solicitor will arrange for an expert to see you and work out exactly what you need.
Pension loss
If you lose your job or cannot keep up pension contributions because of an accident, you are entitled to be compensated for what you have lost.
Housing
You may need different accommodation or modifications to your home, if you are severely disabled. You may need ground floor accommodation, or to live near to those people who will care for you, or even live with someone who cares for you 24 hours a day. Your solicitor will arrange for an expert to see you and work out exactly what your needs are.
If an offer is made to you, ask your solicitor to break it down into the items listed here, so you can be sure everything has been taken into account. Or you can, through your solicitor, make an offer to the other side to settle your case. This offer will take into account the likelihood of winning your case and the total value of your claim.
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