HOW MUCH IS MY INJURY WORTH?
Often one of the first questions people ask when considering whether to pursue a Personal Injury claim is “What is my injury worth?”. There is never a simple answer to this question as every case should be assessed individually. For example, two people who suffer the same injury may experience different consequences as a result. Take a broken leg as an example: one person may experience pain and discomfort but the injury itself could have little consequence upon their daily living whereas another, who happens to be a professional footballer, may experience similar pain as well as being prevented from doing their job until the injury heals. It is for this reason that every claim must be considered upon its own merits taking into account the severity, duration and consequence of the injury and how it affects that individual.
There are other things to consider too such as whether any loss or expense has been incurred by or on behalf of the injured person as a result of the accident or injuries. If so, these can be included within the claim and examples include treatment costs, travel expenses, property damage and loss of earnings amongst other things. It is often these losses and expenses that set apart the value of two claims where the injury itself has been exactly the same severity and duration.
We assess value by considering case reports involving similar injuries as well as using guidelines which are used by Judges when cases go to trial. Accordingly, taking our earlier example of a fractured leg this type of injury can range in value between £1,000 for a minor fracture that heals without complication up to £60,000 where the fracture has not united and extensive bone grafting is required*. These sums exclude any associated loss or expense incurred as a result of the injury which would be claimed for over and above.
We also consider medical evidence obtained during the course of the claim as well as information provided by you and your family which is why the personal service we offer to include a meeting with you and discussions on the telephone frequently could help to add value to your claim.
The specialist lawyers at Metcalfes are experienced in dealing with civil claims arising from injuries suffered as a result of an accident including those at work, road traffic collisions or tripping or slipping incidents. We can also advise about how to fund such a claim and we are happy to answer any questions you may have. For this purpose, please contact Kay McCluskey on 0117 9453020 or Nikki Taylor on 0117 9453071. Alternatively, please call 0117 9290451 and ask to speak to another member of the Claimant Personal Injury Department.
* JSB Guidelines (9th edition) 2008 – correct as at 11th May 2009
Contact
Kay McCluskey Head of Personal Injury
Steve Duddell Partner
Nikki Taylor Member of the Institute of Legal Executives
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This article summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published. This document is provided for information only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.