The amount of compensation to be paid in respect of a personal injury claim is divided into General Damages (i.e. the compensation payable in respect of your injuries) and Special Damages (i.e. losses and expenses incurred as a result of the accident.)
With regard to General Damages we refer to the Judicial Studies Board guidance and previous similar cases to calculate the amount of compensation that we will seek from the Defendants.
It is sometimes difficult however to calculate the special damages aspect of a claim in particular future loss of earnings.
Normally we would refer to a document called the Ogden Tables to calculate future loss of earnings. In a recent case a Claimant who sustained injuries to his back and neck together with a blow to his head but most significantly damage to his left leg was awarded £25,000 for future loss of earnings despite the fact that there was no mathematical basis upon which to assess this aspect of the Claimants compensation. In this case the probability was that the Claimant would have drifted on as he was before undertaking a little casual work and receiving benefits. His leg was gradually improving and expert evidence was that the pain in his leg would become minimal in due course. The court however awarded him £24,000 future loss of earnings to reflect the fact that a person with a leg such as his was disadvantaged in getting work.
Submitted by Richard Scott
