Personal injury awards - why the gap?
Have you ever wondered why there is such wide disparity between the personal injury awards made to different claimants? During the summer, several observers commented on the £4.5 million award made to promising footballer Ben Collet, whose career was cut short by a badly broken leg.
In the meantime, people who have been victims of crime, including violence, regularly receive far smaller pay-outs - particularly when the perpetrator is unknown.
The primary reason for this disparity was that Ben's was a 'fault' case, where another footballer and his club (Middlesbrough FC) were known to be responsible for the injury. This meant the case could be heard in court, taking into account factors such as the loss of past and future earnings - and as one of England's most promising stars at the time, Ben was clearly set for a very high income.
If a perpetrator is not caught, however, a case is regarded as 'no-fault'. This means that reparation is paid by the state, with a fixed set of guidelines in place to determine how much should be paid. In a case of violent crime, awards are made by the Criminal Injuries Compensation Authority (CICA), whose guidance, for example, proposes £1,000 as appropriate compensation for a victim who suffers an undisplaced fractured nose.
While this might not be immediately seen as a fair solution, there are many countries where no compensation at all is available in no-fault cases. With the support of a good personal injury solicitor, every UK citizen has the opportunity to win a financial award appropriate to their loss.
For advice on claims for injuries caused by violence, call or email Nikki Taylor on 0117 9453071 ntaylor@metcalfes.co.uk
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