Settlement amounts for compensation claims do vary according to a number of different factors. These include the injury severity, the circumstances, the age of the victim, their lifestyle, potential career earnings and previous case law.
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Understandably one of the most significant factors in calculating any compensation settlement are the extent of the physical and mental injures suffered.
Many smaller claims involve minor injuries such as mild whiplash, sprains or small cuts and bruises. These kinds of claims, although reasonably serious for the victim, will generally attract a lower amount in damages than more serious accidents.
More extensive injuries such as broken bones, loss of limbs, loss of eyesight, head injuries and brain damage often involve a much higher payment in compensation.
The compensation calculation for victims who have suffered brain damage or physical disability as the result of an accident will need to take into account the lifelong support and care required in order to provide them with a reasonable quality of life. Claims such as these can eventually result in large sums but may also take longer to settle.
In order to estimate the value of an injury claim (the quantum), many law firms will use published guides such as Kemp & Kemp. These reference books detail various amounts for certain injuries based on previous case law and settlement awards.
Generally speaking, the younger the person who has sustained injuries is, the larger the amount of compensation. For example, a child who has suffered birth injuries, facial scarring or has become physically or mentally disabled as a result of an accident will understandably have to live longer with those accident consequences and may need significant financial help for future care requirements. However, large compensation settlements are often paid to people of all ages where the injury is particularly severe.
The solicitor representing the victim will often make the case that there will be a significant loss of future earning potential as the result of an injury. For example, a university graduate, a person with a professional occupation or a sportsman or sportswoman may have their future career prospects cut short following an accident that was not their fault. This loss of future earnings may be taken into account by a court and the legal team will prepare a case to show that the victim has been financially disadvantaged.
Many solicitors will look at settled cases in order to ascertain what possible settlement damages can be achieved. However, each individual is different with varying degrees of injury severity, different ages, careers and circumstances. Therefore, a law firm will only be able to offer an estimate or guide as to what they hope to get for a compensation settlement.
Take a look at some typical calculated amounts for specific injury types. In addition to claiming injury compensation you may also be entitled to claim for any other out of pocket expenses and medical treatment.
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