How much is the average Personal Injury payout?
At MG Legal, our personal injury solicitors are asked this question, on a daily basis.
‘How much is my personal injury claim worth?’, ‘What’s my claim worth?’, or ‘How much is the average personal injury settlement?’
Sometimes, our personal injury solicitors can answer the ‘how much’ question, immediately. For example, if Mr Smith has been injured in a road traffic accident, and 12 months after his traffic accident, he decides to pursue a personal injury claim, and he says, ‘my neck and back were sore for 10 months, but I am feeling alright now’, then, our personal injury solicitors would have the knowledge to give an estimate of the compensation that Mr Smith would receive. How? Well, Mr Smith has told us the areas of his injury, and how long his injuries lasted. Using this information, and the Judicial Studies Board Guidelines for personal injury compensation, our local personal injury solicitors would be capable of giving Mr Smith a rather accurate figure for the sum he would receive in personal injury compensation, if he were to pursue his No Win No Fee basis with our personal injury solicitors. Obviously, Mr Smith’s injuries would be quantified properly after he has attended upon one of our chosen medical experts, and a medico-legal report compiled, detailing the full nature and extent of his injuries. If Mr Smith suffered a period of absence from work, or suffered travel expenses, medical expenses and so forth, then these losses would be recovered from the party at fault for causing the road traffic accident, and these losses are called special damages.
Matters are somewhat less clear when an injured person suffers an injury at the hands of a doctor or surgeon, or has, for example a long-standing injury such as repetitive strain injury, from an injury at work, and the full extent of our client’s illness or injury is yet to come to light. Often our personal injury solicitors are approached by clients who have, unfortunately, suffered, a cancer misdiagnosis, meaning that they have now, only recently been correctly diagnosed as suffering from cancer, after a number of months, or even, quite alarmingly, years, of being told there was nothing to worry about. In such situations, quite understandably, our personal injury solicitors would obtain all of our client’s medical notes, seek opinion on our injured client’s present state of health, and if our client’s life expectancy has diminished, as is often the case, seek our client’s instruction on the amount of dependants they have, as should our client pass away as a result of the medical practitioner’s negligence, then any compensatory award must take into account the needs of anyone who has depended upon our client, such as a their husband, wife, children, or any family member that has, as the word suggests, depended on them.
So, whilst the question, ‘how much is my injury claim worth’ is one that any personal injury solicitor may be able to answer, during an initial consultation, when the personal injury sustained is relatively minor, say, for example after a trip or fall in the street, or a road traffic accident, causing minor whiplash. In relation to the more complex, and catastrophic injuries that some of our clients suffer, we hope that you can see what we mean when we say that our personal injury solicitors may need far more information before we are able to tell you how much your injury claim is worth, when caused by more complex issues.
Whilst you are here, and we are on the subject of valuing personal injury claims, our personal injury solicitors can advise, using the 15th Edition of the Judicial Studies Board Guidelines for Personal Injury cases, that the most common types of personal injury settlements alone, not including what are classed as Special Damages, such as lost earnings, damage to your motor vehicle, medical expenses, and so forth, are as follows:
Neck injuries causing fractures or dislocations or severe damage to soft tissues and/or ruptured tendons that lead to chronic conditions and significant disability of a permanent nature. As with any claim for personal injury, the precise award depends on the length of time it takes you to recover from the most serious symptoms, the extent of any rehabilitative treatment required, including physiotherapy, and how your injuries affected your daily life- including carrying out the simplest of household chores, to washing, showering, going to work, and driving.
With a 10% uplift, your claim for personal injury alone, often knows as General Damages, or your claim for pain, suffering and loss of amenity, would be worth in the region of £42,680 to £52,540.