Personal injury claims are some of the most common civil lawsuits, and they can be incredibly extensive. When a person files a personal injury claim against one or more parties, they are basically trying to receive compensation for the damages that they have suffered.
Many people looking to file a personal injury claim wonder what the compensation value would be for the damages. However, it hardly possible that the events of any two cases will ever coincide. The general understanding of the cases could be the same, indicating who has a higher chance of winning.
While it is unmanageable to calculate precisely how much you could get in the case, you can work with Scot Accident Claims to figure out a rough estimate and file a personal injury claim.
With that said, let’s get into the details of what you can receive compensation for before you go to the solicitor.
What Is The Purpose of Compensation?
The purpose of giving compensation is to return the claimant to the position they would have been in if the accident hadn’t taken place. It’s meant to give the claimant the life they were already living before the accident, and you can’t make any assumptions. That also means you can’t ask for a million pounds for a minor injury even if a millionaire crashed into you, which is what many people commonly think.
Heads of Loss
Identifying the precise amount that the claimant should be compensated with if they win can be incredibly complicated. To make it simpler, the courts use something called heads of loss or heads of claim.
As mentioned above, each personal injury case presented in court is unique and will always be. However, the heads of loss can be standard between cases because they aren’t too many. Therefore, the solicitors will determine the claim’s value by referring to each individual heads of loss.
According to the facts of a case, there can be one or many heads of loss. For instance, a person suffering from a leg injury could ask for compensation for the medical bills that have to pay. That would be just one head of loss. However, they could also ask for compensation for pain and suffering, loss of earning, marital breakdown, transportation, and anything else they can prove in court.
General Damages and Special Damages
When you talk with an experienced lawyer about the compensation, then the heads of loss that you will discuss come under two terms: general damages and special damages.
The general damages are a type of non-monetary compensation. These types of damages are incredibly challenging because it’s tough to put a value on them. These generally refer to the pain, suffering, and the loss of amenity, or PSLA for short.
The general damages are usually calculated based on the severity and type of injury or illness caused by the accident. While you can discuss the specifics with your attorney, you can check out the maximum and minimum compensation for various injuries under the 2020 judicial college guidelines for general damages.
The special damages come under monetary compensation, and they are much simpler to calculate. These types of damages are awarded for the financial losses you have suffered and the expenses you had to pay as a direct result of the injuries.
While the special damages category could include plenty of things, it commonly refers to the loss of earnings and medical expenses. Suppose you are able to provide evidence and receipts. In that case, you can be compensated for other costs that resulted from the accident as well.