Injury Compensation Estimates
Injury compensation estimates are often sought in order to help determine the value of a compensation claim; however even as a guide they can be quite misleading. No two compensation cases are exactly the same, and compensation will vary considerably from individual to individual.
You can use the injury claim calculator below. However, for a more detailed and accurate estimate of what your claim is worth we recommend you contact our free claim assessment instant callback service.
Injury compensation estimates are often calculated from compensation payments previously awarded. The upper range may have been set in a high court landmark case and will reflect the severity of the injuries sustained. Placing one’s own injuries within that range is far too subjective to be of any use in making accurate injury compensation estimates, and a consultation with a personal injury solicitor is strongly advisable to obtain an accurate value of compensation which can be claimed.
Injury compensation estimates do not reflect the full value of compensation, and are usually calculated on general damages alone. Expenses arising from the injury and past and future treatment costs will also need to be factored into any injury compensation estimates, and can substantially alter the value of a claim.
Eligibility to Claim Personal Injury Compensation
Before injury compensation estimates are sought it is important to clarify if you are eligible to make a personal injury claim. Accidents often happen where nobody is liable, and personal injury accepted as a part of life. In order to claim personal injury compensation, an injury needs to have been sustained as a result of third party negligence. A claim also needs to be made within a legally acceptable time frame and must be supported by appropriate proof.
Proving negligence can be complicated in many cases, and the experience of a personal injury lawyer can be invaluable when pursuing a claim. A third party may deny liability and mount a defence, and difficult disputes may need to be escalated to the courts to decide. If you are in doubt about whether a third party has been negligent, it is important to seek legal advice. The extent of negligence is likely to affect any injury compensation estimates.
Injury Compensation Estimates and Contributory Negligence
Injury compensation estimates can be significantly affected by contributory negligence, in particular when the claimant was deemed to have been partially to blame for an accident and injuries. Injury compensation estimates do not take into account any case specifics, and personal contributory negligence may be applied to any compensation case. Failure to wear a seatbelt is a common example, with the severity of injuries often worse as a result. With more than one negligent third party, negotiations must take place between each insurer and could potentially affect injury compensation estimates.
Reporting Accidents and Treating Injuries
If you have been involved in an accident your first priority must be that of your health, and all injuries need to be treated by a doctor. Your medical record will be used as evidence of injuries to support any compensation claim. Reports of the accident and injuries need to be made to the relevant authorities, with the police, employers and local authorities notified as appropriate. A record needs to be made in the relevant accident book if one exists. Medical records, police reports, and accident books will be used by a solicitor as proof of injuries, and without appropriate documentation a claim may not succeed.
Injury Compensation Estimates and Actual Damages Awarded
Injury compensation estimates are based on general damages from previous claims; however the value assigned to injuries is a complex calculation. Sex and age of the claimant may be used to determine damages, as well as general health at the time of the accident. How an accident has caused any loss of amenity, and prevented day to day tasks and hobbies from being enjoyed, can all affect how much compensation is awarded.
Injury compensation estimates do not take into account special damages, which are claimed as part of any personal injury claim. Special damages cover actual expenses as the result of the injury, such as transportation costs, home help and medical bills. Special damages also covers quantifiable future costs, such as loss of earnings and future medical care. Special damages can be considerable and can greatly increase the compensation value, far in excess of any injury compensation estimates.
How Long Do I Have to Make a Claim?
The statute of limitations applies a three year time limit on making most personal injury claims, although there are several exceptions. Accidents which occur on an airplane must be initiated within 2 years, as this type of personal injury claim is governed by international law. Personal injury claims have a similar statute of limitation and personal injury claims involving children can be deferred until adulthood, with the three year time limit starting from the 18th birthday. In most cases the clock starts ticking from the date of the injury, although when an injury is not diagnosed immediately, victim´s have three years from the “date of knowledge” that they have sustained an injury.
Compensation claims will be time-barred if not initiated within the statute of limitations, and with the complexities of limitation law it is advisable to seek legal advice as soon as possible after sustaining an injury which could lead to a personal injury claim.
Injury Compensation Estimates and Third Party Capture
Injury compensation estimates are based on complex calculations and the compensation settlements of previously represented clients. When liability is accepted, and a third party insurance company notified, the liable party´s insurers may attempt to contact a client directly with an offer of compensation. Accepting compensation directly from an insurer without first seeking legal advice will almost certainly result in less compensation being received and, in some cases, just a fraction of the full entitlement will be paid. Injury compensation estimates provided by a third party insurer will almost certainly be lower than those provided by an experienced injury compensation solicitor.
Consequently, it is in your best interests to contact a personal injury solicitor at the earliest opportunity after you have been injured in an accident for which you were not entirely to blame. The solicitor will assess your case and, only once he has considered every possible element, will provide you with injury compensation estimates for the value of your claim.