How Is Your Claim Assessed?
Every claim is assessed on an individual basis and the amount of compensation your solicitor decides to claim for from the negligent party depends on your physical injuries as well as mental suffering and any financial loss. Furthermore, compensation varies depending on whether your case is settled outside of court or in court.Claims Settled Outside Of Court
Most claims are settled outside of court and typically a claimant asks for as much as possible for their client whereas the defendant tries to keep the amount as low as possible. The negotiations between both parties will decide on the settlement. The factors your solicitor takes into account when deciding how much compensation to claim for on your behalf, include:- Your personal injuries
- The emotional impact of your injuries
- Financial losses
- Guidance from the Judicial College Guidelines for the Assessment of Damages in Personal Injury (15th edition) (Oxford University Press)
Claims Settled In Court
A judge will usually consider the following factors when deciding how much compensation to award:- Your personal injuries
- Any rehabilitation you have had
- Whether your injuries are long-term
- Any loss of earnings
- The mental impact of your injuries
What Are You Awarded Compensation For?
You are awarded compensation in two parts:- General damages
- Special damages
