What’s the Average Personal Injury Claim?

There are a number of factors that will need to be taken into account when calculating your potential compensation amounts. In order to work out the value of your claim, these aspects will be factored into the final decision:

  • The type of injury you have received
  • How serious the injury is
  • Expected rehabilitation time
  • Psychological issues that may have been caused by your injury
  • Any financial losses you have suffered from due to your injury

At their foundation, all personal injury claims are made with the intention of redressing your injury. The intention is to ensure that you are better equipped to get your life back to how it was before the injury happened. As a result of that guiding principle, all claim amounts will be set dependant on your level of pain and suffering.

The more seriously you have been injured and the longer that your recovery will take, the higher your compensation payout can be.

Special and General Damages

Courts will look at the facts of your claim. As well as the pain and suffering that you have suffered, they will also evaluate expenses that have occurred. This could mean medical expenses, travel costs of getting to and from hospitals, or any other expenses that have been made or expected. If your injury has cost you money, then special damages compensation is intended as a way to reimburse you. Special damages will always depend on your specific case.

General damages are intended to compensate you for any pain that you have experienced as a result of your injury. The seriousness of your injury will vary the compensation amounts that you might receive, although the Judicial College Guidelines do have some set criteria for compensation levels. This will mean a medical evaluation but can result in much higher compensation totals.

Average Compensation Amounts

Due to the fact that all personal injury claims are different, it can be very difficult to make a general statement about average compensation amounts. A different injury will result in a different payout amount. The body part that has been injured will also be factored in, but some examples of average payouts include:

  • Neck injuries: For minor neck injuries, you should expect to get no less than £1,000. Even for minor neck injuries, there have been payouts as high as £6,920. The more serious your neck injury the more money you may receive in compensation. For severe injuries, there have been claims made for between £114,000 and £130,000.
  • Vibration White Finger (VWF): An increasingly common injury, VWF can widely vary when it comes to compensation. Minor cases have seen payouts between £2,500 and £7,500. Even a moderate case of VWF has seen compensation as high as £14,690. Serious cases of VWF can even go as high as £33,000.
  • Poisoning: This covers food-related poisoning, and compensation amounts can be very unpredictable. Minor cases can see payouts of around £1000, while moderate cases can fall anywhere between £3,400 and £16,800. If you suffer a serious case of food poisoning then you might get as much as £46,000.

All types of personal injury claim compensation amounts are intended to get you back to a fully recovered state as quickly as possible. While the average claim can widely vary, the best way to get the settlement that you deserve is to speak to legal experts. They can advise you on what to expect. That will make your recovery much easier to deal with, no matter how serious your injury might be.

A Guide to Calculating a Personal Injury Claim

The term ‘personal injury’ is a general one that is intended to cover instances of physical or mental injury or those that have become ill or diseased due to the negligence of someone else. As general as the term may be, it remains a legal term, and that means that it provides protection for those that suffer needlessly due to the negligence or ill intent of a third-party.  Starting a claim for personal injury is a straightforward process, but you will require legal assistance. There are some set factors to be aware of when it comes to calculating compensation amounts for a personal injury claim. Professional guidance will ensure that you know just what amounts you can get, and assist you in obtaining a faster result.

Personal Injury – What Can I Claim For?

All cases will need to be looked at individually. Personal injury cases are all different, and even cases that are very similar could have very different outcomes. The severity of the injury will be a vital part of ascertaining your claim amount.

Compensation will be dependant on the pain that the victim has gone through, how that pain has affected their life, any ongoing suffering, and the financial impact of their injury.

Normally, someone who has received only a minor injury will be compensated less than someone who has suffered a more serious one. Two main factors are taken into account when calculating compensation amounts in a personal injury case. These are:

General Damages: This is in place in order to reflect the pain and suffering caused by personal injury. It can be difficult to ascertain the pain levels that general damages will cover for. However, there are governing boards and independent bodies that have clear guidelines for every type of injury. The Judicial Study Board has set brackets for assessing and calculating compensation amounts for a wide range of specific injuries. Additionally, your solicitor may also hire medical experts in order to help make a clear decision on how much compensation should be claimed for.

Special Damages: These are intended to cover the injured person financially. They will be awarded if a case can be made that the personal injury led to a financial shortfall (such as missing out on salaried work hours, or the cost of home improvements required after an accident). If your personal injury has affected you financially, then special damages may be able to help recoup your monetary losses. Examples of costs that special damages can cover include (but are not limited to):

  • Ongoing or paid for medical expenses
  • Prescription costs
  • Physiotherapy expenses
  • Travel costs
  • Home help

One of the most important things to remember about personal injury claims is that they have varying levels of complexity. For example, road traffic accidents will be categorised in different subsections to an accident at work.

Personal circumstances will play a large role in determining your total amount of compensation.

No matter your injury or financial circumstance, you will have a much better chance of making a successful claim, and getting the compensation total that you need, if you have legal help from professionals who have experience with personal injury claims.

Injury In The Office and Knowing Your Rights

With an office injury, the rights of the individual are definitely worth knowing and understanding. It’s a more common occurrence, too: nearly 30 million work days in the UK were lost due to injury in 2018-19.

Certainly offices are generally safer than areas in which you have to commit to manual labour tasks. But these days, offices still have common workplace injuries that you should be aware of. This guide will help those suffering injury in the office to know their rights. In addition, it will explain how you can prevent some of the most common workplace injuries.

What are the Most Common Office Injuries?

Repetitive strain injuries include muscle, tendon sprains and vision hindrances. These often happen through the intensive use of certain body parts. For instance, you may get wrist pain if you are typing for extensive periods. Alternatively, you might also suffer eye strain from using the computer for lengthy amounts of time. To prevent these, you should adjust your workstation to your own needs. For instance, by adjusting the angle of your keyboard or turning down the brightness on your computer, if possible.

Sprains and fractures often happen in the workplace by falling, tripping, or slipping. Moreover, many of these sprains and fractures are reasonably avoidable. Especially with better health and safety precautions. To prevent these, you should ensure that your workplace has:

  • thorough health and safety regulations and;
  • full awareness of your surroundings at all times.

Not only this, but you should ensure that communal areas are left tidy. Moreover, signs are clearly left if a floor or surface is slippery or dangerous.

What Are Your Office Injury Rights?

As a worker, you have the right to make an injury at work claim against your employer if they are at fault for causing your injury. You also have the right to get medical attention immediately for any injury that you contract in the workplace.

Additionally, you have the right to get compensation for your injury and have time off work in order to recover. However, you also have the right to return to your workplace without harassment when you recover from the injury. In terms of your legal rights, you also need legal representation to appeal any court decisions made in injury cases.

What Should You Do in the Event of Injury?

If you have sustained a workplace injury at the fault of your employer, you should seek a solicitor who can discuss your claims at work and help you to gather the appropriate evidence in order to gain compensation. You should also request your medical records so that you have proof of your symptoms and their causation.

In short, this will make your case stronger in court even if your injury heals quickly. Solicitors will be able to guide you through your work accident claim UK according to your individual situation and help you to begin a  court case if necessary, and if your employer fails to accept the liability or the terms of your compensation claim.

Although making an injury at work claim is fairly common, by following this guide, you will ensure that you know your rights and that the process can cause as least stress for you as possible.

4 Common Workplace Injuries To Be Aware Of

With the exception of sleeping in bed, working in a workplace is where we spend most of our time. Accordingly, workplaces should be safe spaces where we can work without the stress (or fear) of worrying about injury. However, workplaces are dangerous: as such, there are many common workplace injuries resulting from unsuitable working environments. If this is the case, you should consider making an injury at work claim.

Some of the most common of these include these four common workplace injuries we list below.

Four Common Workplace Injuries

1. Back Injuries

Back injuries are part of a broader problem, with musculoskeletal disorders resulting from extensive manual work. For instance, heavy lifting and a lack of proper physical training can leave you with pain in your back. Not to mention in your upper limbs, such as your arms and neck.

It can be potentially debilitating and can also leave you unable to work in the future. As a result, you should consider making a work accident claim for these injuries.

You can prevent musculoskeletal disorders by ensuring that you:

  • Have adequate training in terms of lifting and carrying;
  • Only carry what you physically find comfortable, and;
  • That, if office work is the cause, that you adjust your seating arrangement. Thus ensuring that you maintain better posture throughout the day.

2. Asthma

If you are around toxic substances for long periods, this can cause asthma. Asthma is long term breathing condition which can be harmful and lead to dangerous consequences.

Ultimately, it’s a result of the swelling of your airways that make it difficult to breathe; moreover, poor working conditions can accelerate this.

You should follow regulations at all times to ensure that you remain safe in your workplace at all times.

3. Whiplash

Sudden movements that jolt the body and cause injury to define a whiplash accident. Moreover, it’s usually common in car crashes and other incidents involving moving vehicles.

Therefore, no win no fee whiplash claims are common in workplaces which include moving vehicles and often cause injury to the head, neck and shoulder area of your body. Although whiplash injury claims cannot be prevented, you should ensure that you are fully trained to drive the vehicles in question and that you never drive when you are tired or exhausted.

To treat whiplash, you may have to :

  • Wear a neck collar;
  • Avoid staying in the same position;
  • Take painkillers, and;
  • Ice down the area often to prevent swelling.

If you’re wondering how much compensation for whiplash you may get, whiplash cases tend to generate between £1,000-£2,000.

4. Hearing Loss

In short, hearing loss is one of the UK’s most significant causes for a workplace injury. Studies show up to 20,000 people suffer industrial hearing loss and subsequently seek hearing loss compensation. Hearing loss claims can be caused by being around loud equipment while at work for long periods. Hearing damage can also include tinnitus, where there is an unusual ringing sound in one or both ears.

To prevent hearing loss, invest in hearing protection such as earmuffs. Or ask to use quieter equipment that damages your ears less. Accordingly, if you believe that you have hearing loss at work, you should make an industrial hearing loss claim. The hearing loss claim time limit, incidentally, is three (3) years, which is common for the majority of personal injury claims.

HONOURABLE MENTIONS: Just a Few More Common Workplace Injuries

To say nothing of the four common injuries above, we don’t want you to leave her short on knowledge. Below are some other injuries in the workplace and accidents a business owner or council will shudder at.

a. Injuries from Slips, Trips and Falls

In general, slip and fall include a variety of different possible incidents. From falling objects to wet floors, it’s actually a fairly common claim we pursue regarding workplace safety and workers compensation.

b. Repetitive Strain Injury

Repetitive motion activity (for instance, using a mouse or keyboard) leave individuals prone to repetitive strain injury (RSI). In short, strained muscles from the demands of such work create difficulties worthy of a claim.

c. Crash and/or Crush Injury

Our last honourable mention requires a bit of personal protective equipment, airbags, and other safety equipment to avoid. Crash injuries or collisions tend to involve accidents and injuries from a road traffic accident (RTA). For more on the subject, check out this post.

If you have a workplace injury and would like to make claims at work to seek compensation, get legal support. Start by contacting a solicitor or advice service that can guide you on how best to navigate the legal processes.

A Guide To Everyday Injuries: The Next Steps To Take

Many personal injuries are without fault and will only need medical care to resolve them. However, if you have contracted an everyday injury and you believe that a company or workplace was at fault for your injury, then it may be possible to make a personal injury accident claim towards this.

Seeking a Solicitor

Firstly, you should find a solicitor for your UK personal injury claims who can help to discuss your case with you and offer advice on the next steps. They will be able to represent and investigate your case in a professional manner, as well as help to defend you in court. They may also be able to offer advice on the strength of your case and what evidence you will need to allow you to succeed.

Collect Medical Evidence

You should ensure that you keep or request any medical records concerning your injury, especially if your injury is short-term and has healed quickly over a matter of weeks. Your medical records will be able to state the extent of your injuries and prove that your injury was due to negligence on the part of another party. You should also seek a second opinion if you are not happy with the results of a GP examination in order to benefit your case. You will also need to collect other sources of evidence such as any record of financial loss due to your injury.

Sending a Claim Letter

Your solicitor will help you to write a claim letter direct to the company which you intend to sue. It will detail how the injury happened and its extent, as well as how their actions contributed to your sustaining of the injury. The company who is responsible for your injury will then have a set period in which to reply to this letter, where they must accept or reject liability for the injury.

Stating a Compensation Offer

Then, you will need to declare a compensation offer which would be agreeable to you. In most cases, this will be organised between you and your solicitor, who will discuss with you what you are prepared to accept and what a reasonable offer should be. You will then have to state whether you will offer to settle for that amount of compensation. Then, the company must respond either agreeing to the amount or disagreeing, and through this, the case can hopefully be settled without going to court.

Going to Court

If the offer is not reasonable or if the company does not claim responsibility, you may have to go to court to claim compensation. You should take into consideration several aspects before going to court to settle your case, such as the strength of your personal injury claims and the cost. If you do decide to, your solicitor will guide you as to the next steps in order for you to claim personal injury compensation. In these cases, the judge will decide how much compensation you will receive from the responsible party.

What To Do After Suffering From A Head Injury

Suffering a head injury is a traumatic experience that can take time and patience to recover from, and how long it takes will depend on the severity of the injury. Aside from the physical aspects of a head injury, you are also likely to have to contend with emotional difficulties too. A head injury that causes damage to the brain may also mean that you find day to day life different than before, and you may have problems with cognitive functioning. Suffering a head injury is a difficult thing to go through, but there are some things you can do to help you get your life back on track.

First Responses

There are many different types of head injury, from cuts and lacerations, bruising, to severe injuries like skull and brain damage. Any injury to the head must be treated seriously, and be thoroughly checked. Sometimes you may be able to do this yourself, or you might need the help of a medical professional.

When you first suffer a head injury, there are some steps to follow to check that you are ok. If you are injured and remain conscious, you need to stop what you are doing and rest. Aside from pain, if you have symptoms such as dizziness, changes in vision, ringing in the ears or abnormal breathing, you may have a concussion and need emergency treatment. If you can, call an ambulance or ask someone to call for you.

Minor head injuries can be treated at home with rest and pain relievers, as well as applying ice to reduce any swelling and inflammation. However, you need to monitor your symptoms closely. Sometimes, symptoms of a head injury might not show for a few hours, or even a day or so later, so seek emergency advice if you are vomit, find yourself irritable, or have a headache that won’t subside after taking paracetamol.

Recovery

Rest is crucial when recovering from a head injury and most minor head injuries should get better within a week or two. However, it may be a long process if your injury is more serious. An injury to the brain can cause physical and mental impairment that may require a variety of different treatments, from speech therapy to physiotherapy.

Having access to the best treatments might help increase your rate of recovery, yet can be a drain on your financial situation. If this is the case, you could consider searching for injury lawyers for you, to see if you are eligible for a no win no fee claim. A good solicitor will be able to advise you on the best course of action should you wish to pursue an injuries claim.

Any head injury is a cause for concern, and one that causes a concussion needs prompt medical attention. Don’t put off seeing a doctor even if your symptoms are mild. Full recovery from a head injury can take time, so be patient and don’t overexert yourself even though you feel fine. Get support from your family and friends, and ask for help if you need it.

A Guide to Understanding Cycling Accident Compensation

Though great for your health and the environment, cycling poses several risks of its own. The lack of protection from other drivers and even unsafe road conditions could turn your comfortable bike ride to work into a disastrous accident. Therefore, cycling accident compensation claims are a difficult reality in the UK.

In many cases, these injuries might occur due to the negligence of another party.

For example, say the driver of a car doesn’t check their blind spot and strikes you. You can subsequently sue them for compensation. An improperly paved road that caused you to lose control could mean you have a case against the city.

The difficulty in these cases, and why you should always hire an experienced attorney, is that in most cases the furthest a plaintiff can go with their case of negligence is contributory negligence, which puts both parties to blame for the accident. Not know how to make personal injury claims? Read on.

Can You Claim for Cycling Accident Compensation?

Indeed, you can. Just as you can claim compensation after a driving accident. Or, if a car strikes you as a pedestrian.

So, too, can a person claim compensation as a cyclist. In fact, you’ve mostly the same rights, too. Not a moment too soon, either: there exists significant cycling accident statistics in the UK. In 2018, RoSPA reports 4,106 serious injuries and over 13 thousand slight injuries amongst cyclists.

What are the Complications When Making a Claim?

Even if this is the case, there are some complications. A pedestrian struck on the pavement has no responsibility in the accident. Accordingly, the vehicle that hits them violates the rules of the road.

As cyclists and motorists share the road, however, this can make compensation claims a bit more tricky. This is because the cyclist faces distractions at the time of the accident.

As a cyclist, it’s your responsibility to be attentive at all times. Other elements can also be a distraction when making a compensation claim.

  • For example, listening to music on the way to work or;
  • Alternatively, taking a drink from your water bottle.

Although this may be true, this does not rule out your ability to win a claim. However, it does increase the likelihood that the amount you receive will be deducted. This is what often happens because these cases are contributorily negligent. In other words, you were partly to blame for the accident. The case is, if you face no distractions, you will be able to stop in time or avoid the accident.

The other complication is that judges, in general, aren’t very familiar with cycling injuries and accidents. That is why hiring a knowledgeable lawyer can help, as they will explain in legal terms the case in a way the judge can understand.

The Issue of Distractions

Contributory negligence does not mean you won’t receive compensation. It just means the total amount they award you is subject to a discount, sometimes by as much as 25%.

However, the exact amount will depend on how complicit the judge believes you were in the accident. The argument holds then that – if you face distractions – you can, therefore, ride away, stop, or otherwise minimise the accident from occurring.

If a driver breaks the law while injuring you (instead of, say, turning lanes without checking their blind spot), then you have a very solid case.

What to Do If You Have Been a Victim to a Cycling Accident

If you have been the victim of a cycling accident that wasn’t your fault, then you will want to:

  1. Seek Out a Lawyer.
  2. Seek Out Professional Rehabilitation.

By doing so, you give yourself the best chance of being compensated for a personal injury accident claim.