Lawyers Coventry

What is a personal injury?

A personal injury includes any illness, disease or injury whether physical or mental sustained as a result of a breach of a tort (negligence, for example), statutory laws (health and safety, for example)or criminal act.

How are damages for personal injury calculated?

Every case can be different and depends on the existing circumstances of the claimant; the type and severity of the injury; the conduct of the claimant (see contributory negligence below); the way in which the injury has affected the claimant and any standard guidelines used.  The amount will also vary according how and where the damages are decided, whether that is an insurer, the court or through an out of court settlement.

What type of damages can I claim?

There are two types: general damages and special damages.

General damages are awarded for pain and suffering and loss of future earnings.  Special damages are awarded for financial loss sustained up until the date of the hearing.  Relevant financial loss will include any medical and care costs, damage to possessions, and the cost of a hire car (if involved in a road traffic incident).

What guidelines are used to calculate personal injury damages?

For general damages, guidelines are produced by the Judicial Studies Board.  These guidelines set a price on each type of injury.  Loss of both arms, for example, will result in an award of between £154,000 and £191,500.

What do you mean by contributory negligence?

Most personal injury claims will be governed by negligence law unless the injury is caused by a criminal act or defective product (which is dealt with under strict liability where an element of negligence is not necessary).  Contributory negligence occurs where the claimant is partly responsible for the damage they have sustained.  If, for example, I cross the road without looking and I am hit by a driver who has not being paying attention to the road, clearly both the driver and myself have been negligent.  As a pedestrian, it is likely that any damage done to me is far greater, although any amount received will be reduced by the percentage the accident was your fault.

How are benefits affected by damages?

If you have been unable to work after an accident and have been receiving benefits, you may have to pay back any benefits you received using the damages you were awarded.  The way this is done can be quite complex, so if possible seek legal advice.

What course of legal action can I take?

Many personal injury claims are dealt with by no win no fee solicitors under what is known as conditional fee agreements.   If the claim is a related to a traffic accident or a business, it is likely that any damages will be settled out of court with the insurers.  If there is a dispute, the claim may go to court and be decided according to legal guidelines (such as the Judicial Studies Board guidelines) and individual circumstances related to the case.