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How Much Will I Get for my Personal Injury Claim

After attending to their injuries and establishing that they have a compensation claim which has a strong likelihood of success, one of the first questions claimants ask themselves is ‘How much will I get for my personal injury claim?’ Injury claim valuations can vary significantly depending on a number of factors, with the nature and severity of the injury among the most significant components considered. The permanency of the injury and whether it will lead to a deterioration in the quality of life, or an inability to work, are also among the most important considerations taken into account.

Am I Eligible to Claim Injury Compensation?

In order to be eligible to submit a claim for personal injury compensation you must have sustained an injury inflicted by a third party. The third party must have failed in a duty a care they had toward you, have taken insufficient action to prevent an accident from happening or increased the likelihood of an accident occurring beyond reasonable levels. It is possible to submit a claim for injury compensation no matter where the injury occurred; whether it was in a road traffic accident, shopping for groceries in the supermarket or on a visit to hospital. If you are still unsure if you are eligible to claim compensation you should speak to a solicitor immediately.

Injury Compensation Values

‘How much will I get for my personal injury claim?’ is often a difficult question to answer without a solicitor being aware of all the details relating to how you sustained your injury. Even injuries which do not pose a threat to a person’s life can be compensated with substantial settlements and injury claim valuations vary greatly depending on the particulars of the case — damage to hair may in some cases be considered to be worth more than damage to a limb for example.

Your gender, age and general health are some of the factors that can cause settlement values to vary from cases where similar injuries have been sustained.

Contributory Negligence and Compensation Values

Claimants asking themselves ‘How much will I get for my personal injury claim?’ must also take into account any contribution they themselves made toward their accident before they submit a claim, as this can influence how much they are eventually awarded. If a claimant has been found to have contributed to their accident through their own negligence, or exacerbated their injuries by not seeking immediate professional medical attention, they may find that a percentage reduction is applied to how much compensation they are entitled to receive. It is important to note that preliminary injury claim valuations provided before a case is taken by a solicitor often do not contain considerations for judgements of contributory negligence. If you think that you may have contributed to your accident or injury in some way you should mention it to your solicitor at the earliest possible opportunity.

Recommended Procedure after Accident and Injury

Following an injury you should always prioritise your health. Ensure you receive proper treatment for your injuries before considering whether you will submit a claim for compensation. As well as putting yourself at risk of further injury, not properly caring for your health after an accident can adversely affect the amount of compensation you ultimately receive — though it may not be factored in when considering injury compensation values. When asking ‘How much will I get for my personal injury claim?’ consider whether you did everything possible to get treatment for the injury at the time of the accident or, in the case of injuries that develop over a period of time, at the earliest possible opportunity.

Not having an injury examined as soon as it is discovered can leave you partly liable in your own claim as you may be found to have exacerbated it through inaction. For example, if a driver suffers only minor cuts and bruises from a collision, and dismisses his injuries as superficial, he may not see the need for a full medical examination and in turn not discover if there are any underlying issues. Should evidence of whiplash later be uncovered, the driver is not guaranteed to be fully compensated for the injury as he/she did not take proper care when the injury was first sustained.

Injury Claim Valuations and Damages

The final settlement in a personal injury case incorporates many factors; preliminary injury claim valuations only serve as an estimate based on awards in preceding cases. In most instances persons who submit a claim will be provided with a wide ranging set of figures which serve as scale at which to start. The value of the compensation which will ultimately be awarded depends on the particulars of the case, such as the nature of the injury and the amount of suffering it caused. It can be the case that the highest figures in initial injury claim valuations can be four or five times more than the lowest. To find out where your claim stands on the scale, you should speak to a solicitor.

Another consideration not taken into account in preliminary injury compensation values is special damages — a method of compensating claimants for any financial cost experienced due to their injury. Special damages can cover the cost of medical treatment — whether it is once-off or over a lifetime — home alterations if needed, transport costs and a range of other expenses. Special damage awards can add a significant amount to the overall value of an award and, in some cases, can account for a larger proportion of a compensation settlement than the general damages awarded for the initial physical injury.

Time Limits for Personal Injury Compensation Claims

A time limit of three years is applicable to most claims for injury compensation. The Limitation Act 1980 states that a claim for compensation must be submitted no more than three years after the injury was discovered (as opposed to automatically being three years from the date the injury was sustained). This law applies in most circumstances, with a notable exception being when it is conflict with another piece of legislation.

Claims made on behalf of children are among those exempt from the three-year time limit. Parents may initiate claims on behalf of their children at any time up until they reach 18 years of age, at which time the time limit begins to count down. If you have questions regarding the implications of the Limitation Act on a claim you are considering, contact an injury solicitor immediately.

Injury Claim Values and Third Party Capture

When asking ‘How much will I get for my personal injury claim?’ you should be aware of the possible occurrence of third party capture. A method often practiced by insurance companies, third party capture refers to instances in which the negligent party´s insurance company make an early offer of compensation — usually aimed at saving themselves money and attempting to avoid paying your solicitor´s legal fees. Offers of this kind can often be worth substantially less than what you might receive after your solicitor negotiates with the insurance company or be awarded in court.

If you receive an unsolicited offer in this manner you should immediately seek legal advice in order to assess whether the offer is fair and meets your requirements.