What Can I Claim For?

There are a lot of misconceptions about what you can and can't claim for when you have suffered an injury in an accident, and just how much you should expect to receive in compensation. Some basic information is included here, with examples of the damages that certain injuries may be compensated for.

General & Special Damages

You are entitled to be compensated for all the losses that you have suffered as a result of an accident. This can include damage to your clothing and property, loss of earnings and any insurance excess that you may have. If you have been injured in a car accident and your car is off the road as a result, it is also often possible to claim for the cost of a temporary replacement, such as a hire car.

In addition, you can be compensated for the pain and suffering that you have suffered as a result of the accident and the consequent injury. You can also claim for any future losses you may suffer, such as an inability to work, loss of promotion prospects, and perhaps an inability to take part in certain sports or hobbies.

The amount of compensation (damages) you are entitled to can be divided into two separate categories called General and Special Damages. In essence, Special Damages are those that are easily quantifiable - such as loss of earnings, medical expenses, taxi fares, ruined clothes etc. You should keep a record of any additional expenses - including receipts if you can.

General Damages are more difficult to calculate. These have to be assessed, which is to say that some monetary value has to be placed on the pain and suffering that you have suffered and how the injury may affect your quality of life. It is not an exact science and it is one that depends on individual circumstances and how well and how quickly you recover from injury. For guidance, lawyers look at past cases, or precedents, and the level of general damages awarded in those cases. They use these figures as a guideline.

We set out below the range of awards that can be achieved. Please note that these figures are merely illustrative and should not be used as a guide as to what to accept for your particular claim.

Arm Injuries

Loss of both arms

From �125,000 to �155,000

Loss of one arm

Not less than �72,500 (below the shoulder); �57,500 - �67,500 (above elbow); �50,000 - �57,500 (below elbow).

Severe arm injury rendering it effectively useless

�50,000 - �67,500

Permanently disabled arm

�20,000 - �31,000

Less severe arm injury

�10,000 - �20,000

Fracture of the forearm

�3,500 - �10,000

Complete loss of function of the wrist

�24,750 - �31,000

Disabled wrist

�12,750 - �20,000

Less severe, but persistent pain/stiffness in the wrist

�6,500 - �12,750

fracture of the wrist

�4,000

Leg Injuries

Total loss of both legs

From �125,000 - �145,000

Below knee amputation of both legs

�82,960 - �103,710

Above knee amputation of one leg

�50,000 - �72,500

Below knee amputation of one leg

�47,500 - �67,500

Serious knee injury

�36,000 - �50,000

Torn cartilage or miniscus, dislocation, ligamentous damage in the knee

�7,750 - �14,000

Fractured ankle causing difficulty walking over uneven ground, awkwardness on stairs and residual scarring

�7,000 - �14,000