Quantum Calculations – How Much is my Personal Injury Claim Actually Worth?.

Personal injury claims are claims for compensation, with the intention being, that whilst a defendant cannot turn back time and prevent the injury from ever happening in the first place, they can be made to provide financial redress to an injured party in order to compensate them for the injury (or injuries) they have sustained. One question claimants will often ask very early on in their cases is “how much is my personal injury claim actually worth?”

The first step in any personal injury claim is to establish liability against a defendant (or defendants), i.e. establishing that the defendant has a legal responsibility to compensate the claimant for harm or loss, caused by their actions or omissions. Once this has been established, you can then move onto the ‘quantum’ stage. Quantum refers to the value, or amount of damages, awarded in a personal injury claim.

In terms of what can be claimed, damages in personal injury cases are generally divided into two categories: general damages and special damages. General damages compensate for non-financial losses, such as pain, suffering, and loss of amenity (PSLA). This includes physical and psychiatric symptoms, loss of enjoyment of life, and the impact on daily activities. Valuation of general damages is usually assisted with reference to the Judicial College Guidelines (JCG). The Guidelines, now in their eighteenth edition, provide guidance on PSLA awards, considering factors like the nature and severity of the injury, the claimant's age, and any pre-existing conditions. The JCG categorises injuries into specific types and severity levels, offering guidance on appropriate compensation ranges. The Guidelines also address specific scenarios, such as sexual or physical abuse, post-traumatic stress disorder (PTSD), and work-related injuries, providing tailored brackets for these cases. While the JCG are not legally binding, courts and practitioners frequently rely on them to ensure fairness and consistency in awards.

Special damages, on the other hand, cover any past or future financial losses incurred as a result of losses in relation to your injuries, such as medical expenses, loss of earnings, and costs of care or rehabilitation, which are not specifically addressed by the JCG but are assessed based on evidence provided in each case.

These general and special damages will then be recorded into a document known as a Schedule of Loss. This is a formal court pleading which features a breakdown of all the incurred losses the claimant considers they are entitled to and provides a summary value of the claim. The defendant will then have the opportunity to provide their own valuation of the claim in a responding document known as a Counter-Schedule of Loss.

Here at Lanyon Bowdler, we are experts in investigating personal injury claims and obtaining appropriate evidence to maximise the value of your compensation. If you would like more information regarding this, please contact us on 01743 280280 or email: info@lblaw.co.uk.