How can I find out how much compensation am I entitled to claim for an accident at work in which I injured my back?
Two of the most common questions asked of solicitors by accident victims are ‘am I entitled to make a claim?’ and ‘how much compensation am I entitled to claim for an injury?’, although even a highly experienced solicitor is unlikely to be able to provide accurate answers to these questions during an initial consultation.
Before eligibility to make a personal injury claim can be confirmed, a case must be assessed to determine if the accident and injury resulted from a third party´s negligence and a failure in a duty of care. A full investigation of the case is likely to be necessary before the right to claim can be confirmed.
The calculation of compensation amounts for a personal injury is usually straightforward, although it can take time to determine damages accurately. Medical records need to be accessed and checked, and further medical examinations may be required to obtain a prognosis for recovery. The length of time that symptoms are experienced will affect the amount of compensation that can be recovered.
A solicitor will also need to check past court precedents and the Book of Quantum to determine the amounts of general damages which can be claimed. Costs and expenses incurred due to an accident and injury must also be assessed, and receipts collected before they can be included in a claim.
Many accident victims check an online personal injury compensation calculator to determine the level of damages applicable for a particular injury, and while these tools can be useful, there is considerable potential for compensation amounts to be grossly under or over estimated. A personal injury compensation calculator does not take special damages into account, and neither how the injury has affected the victim personally.
How are Damages Calculated in a Personal Injury Claim?
Personal injury claims are split into general damages and special damages. General damages cover pain, suffering and non-financial losses such as changes in quality of life and missed opportunities. Special damages include all costs incurred due to an accident or injury in addition to future costs and expenses which will need to be covered.
Although it is possible to tell you how are damages calculated in a personal injury claim, the amount of compensation you will receive can only be estimated. Injuries Board assessors may view a case differently from a personal injury solicitor, and the respondent and his or her insurance company may not agree with an Injuries Board assessment. A judge can also adjust compensation amounts as appropriate, and may make reductions to take contributory negligence of the plaintiff into account.
Obtaining an Accurate Calculation of Compensation Amounts for a Personal Injury
How much compensation are you entitled to claim is best assessed by a personal injury solicitor. Since the decision to proceed with a claim is often influenced by how much compensation can be recovered and the probability of the case being successful, it is recommended that you seek legal advice from a personal injury solicitor before a claim is sent to the Injuries Board for assessment.