How much is my injury claim likely to be worth?

We are often asked ‘how much is my injury claim likely to be worth?’ when first speaking to a new client.

The value of a personal injury claim is also referred to as the ‘quantum’ of the claim.

Whilst we are able to give clients some general information on value at the early stage of a claim, until all their medical investigations and treatments have been concluded, it is very difficult to give an accurate figure in relation to financial compensation for an injury.

Claimants should be very wary of any lawyer who lures them in with early promises of large sums. Until we have independent expert medical evidence diagnosing our client’s injuries, recommending any treatment and giving a clear prognosis, any attempt to value a claim is at best educated ‘guess work’.

Personal injury claimants are entitled to two types of damages.

• Firstly, there are special damages – basically any reasonable financial losses incurred as a result of the accident. For example any lost earnings, cost of adaptations and special equipment, treatment fees, medication charges, travel costs, and any care or assistance (even if provided at no charge by family or friends). In theory, any reasonable financial loss which has been incurred would be recoverable.

It is important to keep documentary evidence to prove your losses and expenses when making a claim – if you follow the rule ‘if you can’t prove it, you can’t claim it’, then you won’t go far wrong.

• Secondly, there are general damages that can be claimed for. These compensate claimants for non-financial losses – pain, suffering and loss of amenity (loss of quality of life and lifestyle changes).

The amount of general damages is decided by a judge, by reference to the Judicial College Guidelines (JCG) and to previous cases where awards have been made for injuries similar to the claimant’s. But the JCG can be very wide – just by way of example the latest guideline for a simple fracture of the tibia or fibula is ‘up to £14,450’. That’s not much help as there’s a big difference between (say) £4,000 and £14,000 – yet both would fit the description ‘up to £14450’.

Very few cases reach a judge, the vast majority settle by negotiation. But negotiations are based around what the two sides think a judge would award.

We at Furley Page are hard but fair negotiators and we believe that we get better damages for our clients than other firms.

Please contact Furley Page’s Personal Injury specialists to discuss your potential claim with no cost and no obligation on 01227 763939 or email info@furleypage.co.uk with your enquiry.