What can I claim for? There are two types of damages that can be claimed for:
- General Damages: these are awarded for the injury that has been sustained – they are intended to compensate for the pain and suffering a claimant has gone through, now and in the future
- Special Damages: these are intended to cover any losses that the claimant has incurred as a result of the injury, so may be loss of earnings, travel expenses, prescription payments, or in more complicated cases, where it will be impossible for the victim to return to their previous occupation, loss of pension may also be included
How is the compensation calculated? And who decides how much I get? If matters are not resolved between the parties and the case does go to Court then it will be for the Judge to decide. When deciding how much compensation should be awarded the Judge will make reference to many previous cases which will guide him in the amount that should be awarded for a particular injury. The Judge also has the Judicial College Guidelines (JCG) to refer to. These guidelines set down general brackets for damages awarded to different injuries. The general rule however is that the more significant and longer lasting the injury you have sustained, then the more you can expect to receive in terms of general damages.
Click here to visit our compensation calculator. The amounts used in our calculator are based on the figures published by the Judicial College Guidelines, twelfth edition.
Who pays the compensation? It is usually an insurance company that pays the compensation, whether that is motor insurers in the case of a road traffic accident or Employers’ Liability insurers in the case of an accident at work. Most public bodies, such as councils, will have public liability insurance, although some Local Authorities are self insured.