Personal injury compensation: How much can I claim?

How much could your Personal Injury Claim be worth?

If you're involved in an accident that wasn't your fault, being injured and experiencing changes to the way you live your everyday life as a result, you could be entitled to make a personal injury claim. 

But before you begin your journey to getting the compensation you deserve, you might be wondering, like many others who may also be considering making a claim, just how much you could be entitled to. 

That's why we've created this particular guide to personal injury compensation and what's included in it, which - alongside our easy-to-use Compensation Calculator - can help to answer the question that we're often asked here at National Accident Helpline: ‘How much can I claim?'.

What is included when calculating a Personal Injury Compensation claim?

In the simplest terms, personal injury claims are calculated taking into account the damages that were caused by the accident you were involved in. Legally, this is referred to as the ‘quantum of damages'. 

Generally, the overall damages - and any associated costs or losses - included in a personal injury claim include any general damages you've experienced, plus additional special damages. 

General Damages Compensation

The basis of all personal injury claims are the general damages a person has experienced due to being in an accident that wasn't their fault. These general damages are in relation to the specific injuries and any physical and mental harm suffered, and how their life has been affected as a result of the accident. 

The amount of compensation that can be claimed for general damages depends on the type of injury and suffering experienced, and the severity of it, as well as how long quality of life is affected. Therefore, there isn't a ‘one sum suits all' approach to general damages; every single claim is different. 

However, to provide some idea of the general damages that should be awarded for various types of personal injury, we've added a table from the latest Judicial College Guidelines - an overview of the general damages expected to be awarded for a personal injury claim - to a section of this page below. 

Special Damages Compensation

In addition to the general damages awarded in a personal injury claim, the final compensation amount will also take into account any special damages that have been incurred as a result of an accident. 

Essentially, special damages cover out of pocket expenses and unexpected costs that an accident, and any resulting injuries and life changes, has caused or led to.

Some examples of special damages you could claim for include:

- Loss of earnings

One of the most common special damages a personal injury claim covers is loss of earnings. Often an accident results in an injury that causes those injured to require time off work to recover, potentially leading to a loss of earnings. A compensation claim can help to counterbalance these losses, and reduce the impact of the accident and injuries on everyday life.

- Impact on ability to work

Even if a person injured in an accident that wasn't their fault can return to work fairly quickly, they may only be able to do so in a reduced capacity. For example, they could potentially only work minimum hours, or handle less tasks than before the accident. Such impacts on work performance could also affect promotion opportunities. Again, compensation for special damages can help reduce any potential changes in pay as a result.  

- Cost of care & treatment

Depending on the injury suffered as a result of an accident, on-going medical treatment and care may be required. For weeks, perhaps months, after the accident occurred. While some treatment is likely to be provided by the NHS, additional care may be required, care that can only be administered privately at a cost. This could include physiotherapy or specialist aftercare, for example. To ensure the cost of such treatment is covered, it is included in the compensation for special damages. 

- Cost of transport or travel expenses

Whilst recovering from your injuries, you may not be able to drive or get about as you normally would, preventing you from living your day-to-day life and even doing simple things like going to the shops. Additionally, if you require physio or other treatment, you may need to travel for your appointments. 

In these instances, it is likely you'll be relying on other forms of transport and travel, such as taxis, which will cost money to use. By claiming special damages for such travel expenses, you won't unfairly lose out. 

- Replacing and/or repairing lost and damaged items

Depending on the type of accident you're involved in, there is a chance that some of our personal property may be damaged - potentially even beyond repair - or lost entirely. For example, your mobile phone could be smashed as a result of a fall, or your motorcycle leathers could be worn away or ripped during a Road Traffic Accident. 

Special damages can help to cover the cost of replacing such items, and the losses associated with them.