How much compensation can I claim for my injury?
Written by Chris Salmon on Mar 19, 2024 19/03/24 Share:
Estimating your potential injury compensation takes just a few minutes with our claim calculator. We guide you through the calculation process, highlighting any additions or deductions that might affect your final amount. If you want to dive into the details of how compensation is calculated, keep reading.
In this article
How will my injury compensation be calculated?
When calculating personal injury compensation, your solicitor will consider various factors, including the severity of your injury and the impact it has on your life. Any other costs or losses you incur as a result of your accident (such as medical expenses, loss of earnings, and damage to property) will also be taken into account.
In legal terms, your compensation will be calculated by adding together 'general damages' and 'special damages':
General damages
General damages compensate for Pain, Suffering and Loss of Amenity (PSLA) and the impact an injury has on your life.
To calculate general damages, your solicitor will refer to the Judicial College Guidelines - a formal resource used by legal professionals to determine the value of personal injury claims. These guidelines set out a range of compensation amounts for physical and mental injuries.
Both solicitors and courts use these tables as a starting point for calculating general damages, factoring in the type and severity of your injury.
The following tables refer to the Guidelines For The Assessment Of General Damages In Personal Injury Cases 16th Edition.
Head and brain injuries
| Brain damage | |
| Less severe brain damage | £13,070 to £36,740 |
| Minor brain or head injury | £1,880 to £10,890 |
| Moderate brain damage | £36,740 to £186,890 |
| Moderately severe brain injury | £186,890 to £240,590 |
| Very severe brain damage | £240,590 to £344,640 |
| Post-traumatic stress disorder | |
| Less severe post-traumatic stress disorder | £3,370 to £6,980 |
| Moderate post-traumatic stress disorder | £6,980 to £19,750 |
| Moderately severe post-traumatic stress disorder | £19,750 to £51,070 |
| Severe post-traumatic stress disorder | £51,070 to £85,880 |
| Psychiatric damage generally | |
| Less severe psychiatric damage | £1,310 to £5,000 |
| Moderate psychiatric damage | £5,000 to £16,270 |
| Moderately severe psychiatric damage | £16,270 to £46,780 |
| Severe psychiatric damage | £46,780 to £98,750 |
| Epilepsy | |
| Established grand mal | £87,010 to £128,060 |
| Established petit mal | £46,780 to £112,130 |
| Other epileptic conditions | £9,080 to £22,440 |
Face and senses injuries
| Deafness or tinnitus | |
| Either slight hearing loss or slight tinnitus | Up to £5,980 |
| Mild tinnitus with some hearing loss | £10,750 to £12,700 |
| Moderate tinnitus and hearing loss | £12,700 to £25,350 |
| Moderate to severe tinnitus | £12,700 to £25,350 |
| Severe tinnitus and partial hearing loss | £25,350 to £38,850 |
| Slight or occasional tinnitus with slight hearing loss | £6,280 to £10,750 |
| Total deafness | £77,430 to £93,540 |
| Total deafness and loss of speech | £93,540 to £120,040 |
| Total loss of hearing in one ear | £26,710 to £38,850 |
| Facial injury | |
| Simple nose fracture | £1,460 to £2,160 |
| Simple cheekbone fracture | £1,990 to £2,560 |
| Simple jaw fracture | £5,510 to £7,460 |
| Loss or damage to front tooth | £1,880 to £3,370 |
| Loss or damage to back teeth (per tooth) | £930 to £1,460 |
| Displaced nose fracture requiring surgery | £3,370 to £4,350 |
| Displaced nose fracture | £2,160 to £2,690 |
| Simple cheekbone fracture needing surgery | £3,710 to £5,510 |
| Serious jaw fracture | £15,320 to £26,010 |
| Loss or damage to two front teeth | £3,710 to £6,510 |
| Multiple facial fractures | £12,700 to £20,430 |
| Serious nose fracture with permanent damage | £9,080 to £19,730 |
| Serious cheekbone fracture | £8,700 to £13,470 |
| Serious multiple jaw fractures | £26,010 to £38,850 |
| Loss or damage to several front teeth | £7,460 to £9,740 |
| Le Fort fractures of facial bones | £20,320 to £31,350 |
| Chronic tooth pain with general deterioration | Up to £32,540 |
| Impairment of taste and smell | |
| Loss of smell | £21,320 to £28,070 |
| Loss of taste | £16,380 to £21,320 |
| Total loss of smell and significant loss of taste | £28,070 to £33,430 |
| Total loss of taste and smell | In the region of £33,430 |
| Injury affecting sight | |
| Complete loss of sight in one eye | £42,030 to £46,780 |
| Loss of sight in one eye with reduced vision in the remaining eye | £81,910 to £153,390 |
| Minor eye injury | £3,370 to £7,460 |
| Minor permanent damage to vision in one or both eyes | £7,780 to £17,900 |
| Serious loss of vision in one eye | £20,210 to £33,600 |
| Total blindness | In the region of £229,260 |
| Total blindness and deafness | In the region of £344,640 |
| Total loss of one eye | £46,780 to £56,080 |
| Transient (short lived) eye injury | £1,880 to £3,370 |
Neck and back injuries
| Back injury | |
| Back injury causing chronic permanent symptoms | £36,390 to £65,440 |
| Back injury causing permanent symptoms | £11,730 to £26,050 |
| Back injury causing serious permanent symptoms | £26,050 to £36,390 |
| Back injury recovering in up to 5 years | £2,090 to £10,670 |
| Back injury recovering in a few months at most | Up to £2,090 |
| Serious back injury causing significant permanent impact | £69,600 to £82,980 |
| Severe back injury with spinal cord damage | £85,470 to £151,070 |
| Neck injury | |
| Minor neck injury | Up to £6,680 |
| Neck injury bringing other problems forward or making them worse | £7,410 to £12,900 |
| Neck injury causing spondylosis, serious limitation of movement or permanent/recurring pain | £12,900 to £23,460 |
| Neck injury involving fractures, dislocations or severe soft tissue (muscle) damage leaving chronic permanent symptoms | £38,800 to £47,760 |
| Neck injury involving fractures, dislocations or severe soft tissue (muscle) damage recovering to a restricted level | £21,320 to £32,840 |
| Neck injury recovering completely in 1-2 years | £4,080 to £7,410 |
| Neck injury recovering completely in up to a year | £2,300 to £4,080 |
| Serious neck injury involving fractures or damage to discs | £56,100 to £111,690 |
| Severe neck injury | In the region of £139,210 |
| Whiplash | |
| Full recovery within 3 months | Up to £2,090 |
| Full recovery between 3 months and 1 year | £2,090 to £3,710 |
| Recovery between 1 and 2 years (see "neck injury" for longer-term whiplash injury) | £3,710 to £6,730 |
Shoulder injury
| Minor shoulder injury | Up to £6,730 |
| Moderate shoulder injury | £6,730 to £10,890 |
| Serious shoulder injury | £10,890 to £16,380 |
| Severe shoulder injury | £16,380 to £40,970 |
Arm injury
| Amputation of arms | |
| Loss of both arms | £205,420 to £255,930 |
| Loss of one arm above the elbow | £93,540 to £111,690 |
| Loss of one arm at the shoulder | No less than £117,010 |
| Loss of one arm below the elbow | £82,040 to £93,540 |
| Hand injury | |
| Fracture of one finger | Up to £4055 |
| Fractured index (first) finger leaving permanent symptoms | £7,780 to £10,440 |
| Loss of a little finger | £7,380 to £10,440 |
| Loss of a thumb | £30,300 to £46,780 |
| Loss of an index (first) finger | £11,420 to £17,590 |
| Loss of both hands, or loss of use of both hands | £120,040 to £171,920 |
| Loss of index finger and middle or ring finger | £52,810 to £77,430 |
| Loss of one hand, or loss of use of one hand | £82,040 to £93,540 |
| Loss of part of a little finger | £3,370 to £5,000 |
| Loss of part of an index (first) finger | £10,380 to £15,990 |
| Loss of ring and little finger | In the region of £18,620 |
| Loss of the end of a ring or middle finger | £3,370 to £6,720 |
| Loss of the end of the middle and first finger | In the region of £21,320 |
| Minor hand injury | Up to £4,055 |
| Moderate thumb injury | £8,250 to £10,750 |
| Serious damage to both hands | £47,550 to £72,150 |
| Serious hand injury with full or close to full recovery | £4,780 to £11,330 |
| Serious hand injury with significant loss of use of the hand | £24,740 to £52,810 |
| Serious ring or middle finger injury causing permanent loss of grip | £12,700 to £13,940 |
| Serious thumb injury | £10,750 to £14,310 |
| Severe fractured fingers leading to possible amputation | Up to £31,350 |
| Severe thumb dislocation | £3,370 to £5,790 |
| Thumb injury recovering in around 6 months | Up to £4,055 |
| Very serious thumb injury | £16,720 to £29,860 |
| Injury to the elbow | |
| Elbow injury causing some long term problems | £13,360 to £27,320 |
| Elbow injury not causing significant long term problems | Up to £10,750 |
| Severe, disabling elbow injury | £33,430 to £46,780 |
| Other arm injury including fractures and nerve damage | |
| Fractured forearms (between the elbow and the wrist) | £5,630 to £16,380 |
| Serious arm injury leaving permanent and substantial effects | £33,430 to £51,070 |
| Serious arm injury leaving some long lasting effects | £16,380 to £33,430 |
| Severe arm injury | £82,040 to £111,690 |
| Vibration white finger and/or hand arm vibration syndrome | |
| Vibration white finger and/or hand arm vibration syndrome affecting both sides in a younger person causing a change in job | £26,990 to £32,780 |
| Vibration white finger and/or hand arm vibration syndrome causing minor symptoms | £2,560 to £7,380 |
| Vibration white finger and/or hand arm vibration syndrome causing symptoms in cold weather | £7,380 to £14,310 |
| Vibration white finger and/or hand arm vibration syndrome causing year round symptoms | £14,310 to £26,990 |
| Work-related upper limb disorders | |
| Work-related upper limb disorders causing continuing problems needing surgery, preventing working | £18,690 to £19,730 |
| Work-related upper limb disorders causing continuing problems on one side | £12,700 to £13,940 |
| Work-related upper limb disorders recovering completely within 3 years | £7,380 to £9,170 |
| Work-related upper limb disorders recovering within a few months at most | £1,880 to £3,010 |
| Wrist injury | |
| Colles wrist fractures | In the region of £6,340 |
| Serious wrist injury causing significant permanent problems | £20,900 to £33,430 |
| Severe wrist injury causing loss of function of the wrist | £40,630 to £51,070 |
| Wrist fractures and other injury recovering in up to one year | £3,010 to £4,050 |
| Wrist injury causing permanent pain and stiffness | £10,750 to £20,900 |
| Wrist injury taking around two years to heal completely | Up to £8,740 |
Pelvis and hip injuries
| Extensive fractures causing serious long term problems | £66,890 to £111,690 |
| Hip or pelvis fractures causing long term problems | £52,810 to £66,890 |
| Hip or pelvis fractures needing surgery | £33,430 to £44,790 |
| Hip or pelvis injury leaving minimal or no long term problems | £3,370 to £10,750 |
| Minor hip or pelvis soft tissue (muscle) injury | Up to £3,370 |
| Significant hip or pelvis injury leaving some long term problems | £10,750 to £33,430 |
Legs and feet injuries
| Achilles tendon | |
| Minor Achilles tendon injury | £6,200 to £10,750 |
| Partial Achilles rupture or significant tendon damage | £10,750 to £17,970 |
| Severed Achilles tendon and muscle injury | In the region of £32,780 |
| Severed Achilles tendon successfully repaired by surgery | £21,320 to £25,670 |
| Ankle injury | |
| Ankle injury causing some permanent problems | £11,730 to £22,680 |
| Ankle injury recovering completely or leaving mild symptoms | Up to £11,730 |
| Severe ankle injury causing permanent problems walking | £26,710 to £42,710 |
| Very severe rare ankle injury | £42,710 to £59,480 |
| Foot injury | |
| Common foot injury, most healing completely | Up to £11,730 |
| Displaced metatarsal fractures with permanent symptoms | £11,730 to £21,320 |
| Loss of both feet | £144,520 to £171,920 |
| Loss of one foot | £71,640 to £93,540 |
| Serious foot injury | £21,320 to £33,450 |
| Severe injury to one or both feet | £35,810 to £59,730 |
| Very severe permanent foot injury | £35,810 to £93,540 |
| Knee injury | |
| Knee injury causing mild long term problems | £12,650 to £22,340 |
| Knee injury causing serious long term problems | £22,340 to £37,070 |
| Knee injury that recover completely or leave minimal symptoms | Up to £11,730 |
| Leg fractures which include the knee joint | £44,470 to £59,490 |
| Severe knee injury | £59,490 to £82,080 |
| Leg injury | |
| Fractured femur (thigh bone) | £7,780 to £12,010 |
| Fractured tibia or fibula (lower leg) or soft tissue injury | Up to £10,100 |
| Leg fractures or soft tissue injury causing some permanent problems | £15,320 to £23,680 |
| Loss of both legs | £205,420 to £240,590 |
| Loss of both legs below the knee | £171,920 to £230,440 |
| Loss of one leg above the knee | £89,440 to £117,280 |
| Loss of one leg below the knee | £83,590 to £113,450 |
| Serious leg injury leaving permanent problems | £33,450 to £46,780 |
| Severe crushing injury and serious or complicated leg fractures | £23,680 to £33,450 |
| Severe leg injury without amputation | £82,110 to £115,940 |
| Very serious leg injury leaving permanent problems | £46,780 to £77,040 |
| Toe injury | |
| Loss of a big toe | In the region of £26,710 |
| Loss of all of the toes on a foot | £31,150 to £47,830 |
| Serious injury to the big toe or to several other toes | £8,190 to £11,730 |
| Severe toe injury including amputations | £11,730 to £17,970 |
| Toe injury not leaving significant long term problems | Up to £8,190 |
Minor injuries
| Minor injury recovering in 28 days | £650 to £1,290 |
| Minor injury recovering in 3 months | £1,290 to £2,300 |
| Minor injury recovering in 7 days | Up to £650 |
Chronic pain
| Moderate complex regional pain syndrome | £23,910 to £44,790 |
| Moderate pain disorders generally | £17,970 to £32,840 |
| Severe complex regional pain syndrome | £44,790 to £71,670 |
| Severe pain disorders generally | £35,930 to £53,740 |
Paralysis
| Temporary paraplegia | In the region of £42,090 |
| Paraplegia | £186,890 to £242,490 |
| Tetraplegia or quadraplegia | £276,940 to £344,640 |
Internal organ injuries
| Bladder | Up to £120,040 |
| Digestive system | |
| Severe damage from trauma | £36,700 to £52,810 |
| Serious non-penetrating injury | £14,320 to £23,680 |
| Penetrating injury | £6,190 to £11,820 |
| Severe toxicosis | £32,780 to £44,790 |
| Serious short-term food poisoning | £8,950 to £18,020 |
| Food poisoning | £3,370 to £8,140 |
| Disabling cramps and diarrhoea | £780 to £3,370 |
| Kidney injury | |
| Loss of one kidney | £26,260 to £38,280 |
| Risk of future loss of kidney function | Up to £54,600 |
| Serious and permanent damage to or loss of both kidneys | £144,520 to £179,530 |
| Bowel injury | |
| Injury with a return to natural function and control | £10,750 to £20,880 |
| Abdominal injury impairing function | £38,040 to £59,490 |
| Double incontinence and total loss of function | Up to £157,150 |
| Total loss of bowel function | Up to £128,060 |
| Bladder injury | |
| Full or near-complete recovery | £19,980 to £26,710 |
| Serious impairment of bladder control | £54,600 to £68,190 |
| Total loss of bowel and bladder function | Up to £157,150 |
| Chest injury | |
| Chest injury causing some permanent tissue damage but no significant long-term lung problem | £10,750 to £15,320 |
| Damage to the chest and lungs causing some continuing disability | £26,710 to £46,780 |
| Fractured ribs or muscle injury to the rib cage and chest | Up to £3,370 |
| Injury causing lungs to collapse | £1,880 to £4,540 |
| Injury from inhaling toxic fumes or smoke | £4,540 to £10,750 |
| Total removal of one lung and/or serious heart damage | £85,880 to £128,060 |
| Traumatic injury to the chest, lungs or heart with permanent damage and reduced life expectancy | £56,100 to £85,880 |
| Spleen injury | |
| Loss of spleen with low risk of future infection | £3,710 to £7,380 |
| Loss of spleen with continuing risk of infection or immune disorders | £17,740 to £22,440 |
| Lung disease | |
| Breathing difficulties needing use of an inhaler | £26,710 to £46,780 |
| Bronchitis and wheezing | £17,740 to £26,710 |
| Lung cancer in older people | £59,730 to £83,050 |
| Lung diseases such as emphysema | £46,740 to £59,730 |
| Serious life-threatening lung disease in young people | £85,880 to £115,940 |
| Short term aggravation of bronchitis or other chest problems | £1,880 to £4,540 |
| Slight breathlessness that recovers completely in a few years | £9,080 to £17,740 |
| Hernia injury | |
| Uncomplicated indirect inguinal hernia | £2,900 to £6,170 |
| Direct inguinal hernia with risk of recurrence | £5,980 to £7,780 |
| Continuing pain or limitation of physical activities | £12,700 to £20,620 |
| Reproductive system: female | |
| Infertility with no desire to have children | £5,630 to £10,750 |
| Failed sterilisation | In the region of £8,700 |
| Ectopic pregnancy delay but fertility not affected | £2,890 to £17,430 |
| Infertility without medical complication | £15,320 to £31,350 |
| Infertility following ectopic pregnancy | £29,050 to £87,140 |
| Infertility caused by disease with depression | £98,010 to £144,520 |
| Reproductive system: male | |
| Impotence for a middle-aged man with children | £36,700 to £66,890 |
| Impotence, loss of sexual function and sterility in a young man | In the region of £131,290 |
| Sterility in cases where it has minimal impact | In the region of £5,630 |
| Sterility without impotence for a family man who intended to have more children | £20,210 to £26,710 |
| Sterility without impotence for a young man without children | £47,830 to £60,880 |
| Sterility, caused by accident, illness or clinical negligence | In the region of £126,550 |
| Sterility, caused by accident, illness or clinical negligence to the elderly | In the region of £16,000 |
| Asbestos-related disease | |
| Asbestosis and pleural thickening with low respiratory disability | £12,860 to £32,780 |
| Asbestosis and pleural thickening with significant respiratory disability | £32,780 to £90,300 |
| Lung cancer | £59,730 to £83,050 |
| Mesothelioma | £59,730 to £107,410 |
| Asthma | |
| Chronic asthma | £22,440 to £36,700 |
| Mild asthma and other chest problems resolving quickly | Up to £4,390 |
| Mild asthma-like symptoms that are permanent | £9,080 to £16,380 |
| Severe permanent asthma with disabling effects | £36,740 to £56,100 |
Other injuries
| Scarring to other parts of the body | |
| A single noticeable scar, or several superficial scars not to the face | £2,020 to £7,380 |
| After an exploratory laparotomy leaving scarring | In the region of £7,380 |
| Burns covering 40% or more of the body | No less than £89,440 |
| Several noticeable scars or one disfiguring scar, not to the face | £6,680 to £19,390 |
Special damages
Special damages are awarded for any financial losses and expenses you have incurred as a result of your injury.
Examples of expenses and losses you can claim for include:
- Loss of earnings (including future earnings, pension contributions, overtime etc.)
- Medical treatment costs
- Physiotherapy
- Travel costs
- Costs of care
- Damage to your property or belongings
- Costs of adapting your home or car
How is compensation calculated if I have multiple injuries?
When calculating general damages compensation for multiple injuries, each injury is individually assessed for its severity and impact on your life. The compensation amounts for each injury are then combined, ensuring that the overall award accurately reflects the total harm suffered. This process considers the interplay between your individual injuries, their cumulative effect on your health, ability to work, and quality of life.
Your final compensation award may, therefore, be more or less than the sum total of what would be awarded for the individual injuries. The key point is that individual injury compensation amounts cannot simply be added together.
The upper bracket of the most serious injury may be considered the starting point, with an additional amount applied for the other less severe injuries.
For example:
General damages for a serious back injury could be around £30,000.
For a minor shoulder injury, you would typically receive £5,200.
However, if you suffered both a serious back injury and a minor shoulder injury, you would typically receive £30,000 plus a smaller percentage of £5,200.
The aim is to ensure the claimant receives fair and comprehensive compensation for all injuries sustained, rather than treating them as isolated incidents.
Our online compensation calculator can estimate compensation awards for multiple injuries.
Is anything added to my compensation?
Once your general and special damages have been added together, the total may be adjusted as follows:
| Details | Added by |
|---|---|
Plus 10% ruleIf you signed a No Win, No Fee agreement after 2013, your final compensation award will be increased by 10% to offset the impact of the solicitor's success fee deduction. | Official Guidelines |
Multiple injuries increaseIf you sustained multiple injuries, your general damages will be increased accordingly. | Official Guidelines/solicitor negotiation/ court decision |
Is anything deducted from my compensation?
Depending on the circ*mstances of your accident and the no win, no fee terms you agree with your chosen personal injury solicitor, your compensation may be adjusted as follows:
| Details | Deducted by |
|---|---|
Split liabilityIf you're partly at fault for the accident, you can still claim but expect a reduced compensation award. Your solicitor negotiates with the defendant's solicitor to determine the extent of each party's liability (as a percentage). For example, if you were 50% responsible for your injuries, you would receive 50% less compensation. | Official Guidelines |
Success feeOn a No Win, No Fee claim, solicitors charge nothing if you lose but receive a success fee of up to 25% of your compensation if you win. For example, from an £8,000 award, your solicitor could receive a success fee of up to £2,000. Success fees are agreed with your solicitor before starting a claim. | Terms of your chosen solicitor's no win, no fee agreement |
ATE InsuranceAfter the Event (ATE) insurance is an integral part of any no win, no fee agreement. ATE covers the defendant's legal costs if you lose your claim. You only pay for the ATE premium if you win, and the cost is deducted from your compensation. | Terms of your chosen solicitor's no win, no fee agreement |
No win, no fee termsSome no win, no fee cover only the solicitor's fees, not other costs like medical or barrister fees. Some agreements have cancellation penalties. | Terms of your chosen solicitor's no win, no fee agreement |
TaxInjury compensation is tax free (sce. gov.uk). In certain cases, tax may be charged on interest added to your compensation award. Interest would be calculated from the date of your accident or injury to the date of settlement of your claim (sce. gov.uk). | HMRC |
BenefitsAlthough not a deduction from your compensation, your entitlement to receive future means-tested benefits (such as housing benefit or Universal Credit) may be affected. | Government means-tested assessment |
Will the cause of my injury affect my compensation?
Although the cause of your injury does not usually affect a compensation calculation, there are circ*mstances where the context of an injury can affect the compensation amount:
Road traffic accidents (RTA)
Our Road Accident Compensation Calculator factors in special damages like rental car or repair costs. Split liability deductions are also more common in road traffic accidents.
See also:
Claiming compensation for a road traffic injury
Uninsured or untraceable drivers
Payouts for road traffic injuries may be lower if the at-fault driver can't be identified or is uninsured. These claims are usually handled by the Motor Insurers Bureau (MIB), which may use a different tariff scale for compensation.
Calculating compensation for a work injury
Our Workplace Injury Compensation Calculator includes special damages for loss of earnings. With work injuries, your compensation is less likely to be reduced if you think you were partly to blame due to the principle of vicarious liability.
See also:
Claiming compensation for a work injury
Calculating compensation for an injury in a public place
Compensation for an injury sustained in a public place is calculated with reference to the Judicial Guidelines. If you were hurt in a criminal assault, however, compensation would be paid by the Criminal Injuries Compensation Authority (CICA). CICA compensation is calculated with reference to a specific CICA tariff of injuries.
See also:
How to claim injury compensation through the CICA
Could anything else affect my compensation?
Most claims are settled out of court through negotiations between solicitors. These negotiations are a critical part of getting you the best possible compensation award.
Defendant side solicitors will use various tactics when attempting to negotiate a lower compensation settlement. These tactics include insurer direct offers, early stage 'low-ball' offers, and pre-medical offers.
When handling a personal injury claim, the negotiating skills of your solicitor are as vital as their legal knowledge.
No win, no fee injury compensation claims
With no win, no fee, you can claim injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Find out more about how no win, no fee claims work
How we can help you with your injury claim
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FAQs
What's the average general damages compensation for an injury claim?
The official injury tables indicate the range of general damages compensation payouts for injury claims.
Average compensation payouts can give a very rough idea of what you could receive, but average amounts can also be misleading. The money you will receive following a successful injury claim will depend on your specific circ*mstances.
Your compensation is calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual expenses and losses you have incurred as a result of your injuries.
Have No Win, No Fee rules changed?
Yes. On 6 April 2023, the rules concerning the recovery of legal costs changed.
Before the change, if you lost your claim, the defendant could not recover any legal costs (in most cases). This rule is called Qualified One-Way Costs Shifting (QOCS) and was introduced in 2013 to ensure claimants could access justice without the risk of incurring significant costs if they lost.
Under the 2023 changes, defendants can offset their own costs against the claimant's damages and other costs. If you are unsuccessful, you may now be liable to pay more of the defendant's costs.
In practice, the change affects settlement negotiations and No Win, No Fee agreements. Personal injury solicitors may recommend that their clients accept a more reasonable offer, rather than risk losing the case in court and incurring legal costs. Even claimants with very strong cases may opt to pay After the Event (ATE) insurance to protect against the risk of having to pay the defendant's costs. The changes are likely to increase the cost of ATE insurance.
If you are concerned about the impact of the 2023 changes, you should discuss this with your solicitor.
How accurate are online claims calculators?
Compensation calculators take into account the nature and severity of your injury. Calculators then refer to the Official Guidelines to give an upper and lower estimate of the likely compensation award you could receive.
Online compensation calculators have been available on personal injury solicitors websites for a number of years. However, many of these rely on out-of-date data and do not consider recent changes to the law.
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.
