The value of a claim depends on various factors, such as what type of injury is suffered, how serious the injury is, will the injured person need rehabilitation in order to make a recovery or need surgery?  How long will it take to make a full recovery?

In order to be able to value a claim accurately it is necessary to obtain a medical report and depending on the type of injury a report will be obtained from an independent GP or if a more serious from a specialist consultant.  The report may be obtained within weeks or several months after injury depending upon recovery.

The more serious the injury the higher the value will be, for example a broken leg or arm will be worth more than a soft tissue injury which recovers within six to nine months.   If there are multiple injuries the value will increase depending on the type of injuries.  If you suffer a soft tissue/whiplash injury to your neck and your upper back which affects your shoulder, the injuries will not be valued separately as the injuries overlap, the valuation will be based on the recovery period.  However, if you were to suffer a whiplash injury to your neck and say a broken ankle then the value of each injury will be taken into account when negotiating a settlement figure.

When valuing a claim it is necessary to take into account any previous medical conditions such as previous back injury or symptoms already suffered which may have some bearing on the value of the claim.  It may be that the condition has been exacerbated symptoms already suffered or accelerated an underlying condition.

In England and Wales Solicitors/lawyers value claims taking all factors into account as well as relying on the medical expert to determine the injuries and recovery period.  The Judicial Studies Board Guidelines (JSBG) is a scale of likely awards for various injuries set down by the Judiciary, which is updated annually. Lawyers will be guided by the JSB Guidelines, but they will also search for similar cases where the awards have been decided by a Judge.  This is the basis on which every case is valued.  The following is a guide which sets out the various valuations for the most common injuries suffered following a road traffic accident:-

Neck injuries: 

-- Full recovery within a few weeks to a year:       £875 to £2850

-- Full recovery within two years:                        £2850 to £5150

-- Injuries with protracted recovery with 
recovery to "nuisance" level of symptoms:           £5150 to £9000


Back injuries:        
                  
--Full recovery in about two years:                        up to £5150

--Full recovery in about five years:                        £5150 to £8250


Shoulder injuries:       
        
--Full recovery in about one year                           up to £2850

--Full recovery in less than two years                   £2850 to £5150

--Frozen shoulder, limitation f movement, 
discomfort lasting about two years                       £5150 to £8400

--Dislocation of should or fracture leading 
to restricted movement                                       £8400 to £12,500


The above only gives a snap shot of the Guidelines which also covers both physical and psychological injuries as well as scarring injuries.

Apart from the compensation for physical and psychological injuries, which is known as General Damages, there will also be a claim for financial losses and expenses incurred as a result of the accident which are known as Special Damages.  Items included will be loss of earnings, travel expenses, medication and treatment costs, repair costs for damaged vehicle or bicycle, replacement of damaged clothing, in fact any expense or loss that can be attributable to the accident will be claimable and the total of the claim will be added to the claim for General Damages. 

If you are not to blame for the accident and liability can be attributed to the negligence of another person, then you will receive 100% of your claim, however if you are held responsible for part of the accident then you will only recover that percentage of the whole compensation which was not attributed to you, for example if the liability is settled on a 50-50 basis, you will recover 50% of the settlement award.

Valuing compensation is not an exact science, the guidelines are there as a suggestion but not set in stone.  We are all individuals and we are unique in that injuries affect us all differently.  A straight forward whiplash injury to someone in their twenties who is fit and healthy and will recover quickly will not be so in an elderly person who may never recover from the injury and the injury will have a devastating affect on their lives both physically and socially.


For further information or advice on any of the above issues, please contact Julie Donovan, a Senior Legal Executive in our Personal Injury team, on 023 8085 7322 or at julie.donovan@bllaw.co.uk. Alternatively, please fill in our Contact form and we will call you back.