You can use the injury claim calculator below to review how much compensation you may be entitled to for being injured in an accident for which you were not to blame. However, the injury claim calculator fails to account for psychological trauma, your loss of amenity and any special damages you may be entitled to.
Therefore we recommend you talk with a solicitor about your potential claim and receive a more accurate assessment of your entitlement to compensation and how much compensation you can expect to receive when your claim is successful.
How to use the Injury Claim Calculator
An injury claim calculator is often used by accident victims to determine how much compensation can be claimed for an injury. The calculator assigns a monetary value for each body part based on the 10th Edition of the Judicial Studies Board Guidelines for General Damages in Personal Injury Cases and has been adjusted to include the results of claims made since the publication of the guidelines and the results of recent compensation cases.
Injury Claim Values
The issue with the claim values represented on an injury compensation calculator is that they do not take into account the specifics of each individual case. An injury compensation calculator also does not calculate entire compensation settlements as it does not factor in contributory negligence, or accurately gauges loss of amenity, and will never include any special damages. Special damages can, in some cases, multiply injury claim values and contributory negligence could more than halve it.
The best way to get an accurate estimate of how much compensation you can claim is to allow a personal injury solicitor to make a full assessment of your case.
Eligibility to Claim Personal Injury Compensation
Before using an injury compensation calculator to work out the potential settlement of a personal injury claim, you must first determine that you are actually eligible to claim. Personal injury compensation claims can only be made if there has been an actual injury (physical or mental) sustained as a result of an accident, and that the accident was wholly or partly caused by the negligence of a third party.
Negligence can be a lapse in the duty of care, placing others at unnecessary risk, failing to prevent hazards, or recklessness or incompetence. A lack of training can also be negligence, as can failing to provide appropriate safety equipment to reduce the risk of injury.
An Injury Compensation Calculator and Contributory Negligence
A personal injury claim value can be significantly reduced should the claimant be deemed to be partially negligent and have contributed to the cause of the accident or the severity of the injuries sustained. An example of contributory negligence would be where the claimant was not wearing a seatbelt at the time of a road traffic accident in which he or she was injured.
The compensation claim value would naturally be reduced due to their own lack of care, and while this is usually in the region of 25% it can vary from case to case. It is not possible to use an injury claim calculator to factor in contributory negligence, and will therefore not give an accurate idea of a final settlement value.
Procedural Irregularities and Personal Injury Compensation
An injury claim calculator may give a false impression regarding compensation amounts if the correct procedures have not been followed after an accident. If medical attention has not been sought immediately, a defence could argue that the claimant has contributed to the severity of their injuries and failed in their duty of personal care.
All accidents and injuries must be reported to the proper authorities, be that the police, the employer, the Health and Safety Executive or filing a report in an accident book. Failure to report an accident does not mean that the accident never took place, but if no documentary proof can be provided it is difficult to substantiate a personal injury compensation claim.
Consulting a personal injury solicitor rather than an injury claim calculator is the only way to determine eligibility to claim, and the likely compensation which could be received. Personal injury claims are also governed by the statute of limitations, and have to be filed within a specific timeframe. It is of paramount importance that legal advice on limitation is sought quickly to prevent time-barring of a compensation claim.
Awards for Damages and Injury Compensation Calculator Estimates
An injury claim calculator will only give a figure of general damages which could be awarded in a personal injury compensation settlement. General damages are difficult to calculate as they involve intangible elements which need to be assigned a monetary value. General damages cover loss of amenity (loss of function) and compensation for pain and suffering. They also include future loss of opportunities, which are beyond the scope of any injury compensation calculator.
Special damages are claim-specific and are awarded to cover expenses incurred as a result of an accident and injuries. They therefore cannot be factored in to any injury compensation calculator estimate. The cost of treatment, prescription charges, transportation, home help, accommodation changes, ambulatory aids, future medical costs and increased household expenses are all covered by special damages. Medical treatment costs for an entire lifetime can significantly increase the compensation awarded, and in many cases increase an injury claim calculator estimate by many multiples.
Insurance Company Injury Claim Calculator Estimates
An insurance company will use an injury compensation calculator to determine how much compensation they are willing to pay. It is becoming increasingly common for insurance companies make a quick settlement offer and to contact a personal injury victim directly. This could even take place before legal advice has been sought, or even if a claim has not yet been considered. A direct offer would likely be within the range of an injury compensation calculator estimate, and may be deemed by the victim to be a fair settlement for damages.
However, in many cases, injury claim calculator values result in cases being under-settled, and claimants may not receive their full entitlement to compensation. Only when the case has been thoroughly examined by a personal injury solicitor can adequate compensation be calculated commensurate with the injuries. Therefore it is in your best interests to discuss your personal injury claim at the earliest possible opportunity after you have sustained an injury or loss due to the negligence of a third party.