I’ve been in an accident. How much compensation will I get?
Oct 9, 2020
If you have been injured and it was someone else’s fault, the law is geared up to help put things right. While a sum of money will not fix your broken leg or make a scar disappear, it is intended (as best as possible) to make up for what has happened.
But before getting to the compensation stage, there’s the small matter of winning your claim or negotiating a settlement to overcome. You would need to show that: (a) what you say happened happened; (b) there was a breach of a duty of care towards you; and (c) the breach caused your injury.
Compensation, too, must be based on evidence. You would need to show a ‘loss’; something that can be quantified, such as:
The cost of medical treatment
Loss of earnings (pay you’ve missed out on because your injury has caused you to be off work)
Costs related to household tasks (cleaning etc) that you have had to pay someone to do because your injury prevented you doing them yourself
The cost of adapting your home or car
Future costs are also taken into account. So if you are likely to be off work for some time, or you will earn less because of your injury, those types of losses will in some circumstances be included in the compensation package.
Another significant element of a personal injury compensation claim relates to the pain, suffering and loss of amenity caused by the accident. This element is usually less straightforward to calculate because it depends on the effects that the injury has had and will continue to have on you. Your solicitor will be able to give you an estimated figure based on official guidelines that set out brackets for certain types of physical and mental injuries.
It would ultimately be for a judge to decide how much to award, based on the evidence. But having a clear indication of your likely compensation award will help you decide if it is worth pursuing your claim in the first place (bearing in mind litigation risk and any legal costs) and will also give you a good basis on which to try to negotiate a settlement. Remember that not all personal injury cases end up in court. Many are settled through correspondence between personal injury solicitors or dealt with via alternative dispute resolution.
Whether yours is a case that is likely to be settled or to be heard in court, having a good bank of evidence will be vital. Photographs, notes, invoices and receipts are all key pieces of evidence that will build and support your case and, alongside witness evidence and perhaps expert evidence, will give you the best chance of winning compensation for what happened.
If you have been injured in some way – at work, on the road, in a public place – speak to us about bringing a claim. Strict deadlines apply to legal proceedings, so don’t delay.
For advice on any aspect of personal injury, please contact Rachel Barr on 01264 353411 or email firstname.lastname@example.org. and we will be happy to help.
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