Personal Injury Claims – How Are Damages Calculated?
1 June 2021
Personal Injury Claims
One of the first questions we are asked when acting for a plaintiff in a personal injury action is how much compensation/damages they are likely to receive. Each case is unique and there is no set amount of damages for one particular type of injury. In this short blog, we have set out some practical guidance in helping plaintiffs understand how damages in personal injury claims are assessed.
Damages are generally divided into 2 categories: General Damages and Special Damages
General damages relates to the compensation that is awarded to plaintiffs to account for the pain, suffering, and loss of amenity (i.e. a reduction in the ability to perform everyday tasks) which they have sustained as a result of the subject incident.
In considering the extent of general damages that will be awarded to a plaintiff, the court will consider a range of factors such as gender, nature and extent of injuries, personal attributes, and whether there has been an exacerbation of anything underlying.
Often legal practitioners will refer to “The Green Book” which is a resource that sets out some guidelines for the assessment of general damages. A link to the most recent guidelines can be accessed here.
Special damages on the other hand are those damages that can be specifically calculated. Special damages refer to those expenses that a plaintiff has incurred as a result of the accident. Examples of Special Damages include:
- Private medical care fees
- Loss of earnings
- Insurance excess
Vouching documentation is required to prove special damages and therefore plaintiffs should be advised to retain any relevant documentation, for example, receipts, wage slips, or invoices.
If you have sustained personal injuries and require advice and assistance in relation to the making of a personal injury claim, please contact Mollie Thompson in the Litigation team at MKB Law.