Personal Injury Compensation Types UK: Full Guide

Overview

Personal injury compensation is a money payment intended to put you, as far as money can, back in the position you would have been in if the injury had not happened. That is the underlying principle behind damages in tort law in England and Wales.

In practice, no amount of cash truly undoes a serious injury, so the courts use established methods to value each element of loss. The two main categories are general damages, which are non-financial and deal with the injury itself and its effects, and special damages, which are financial losses that can usually be proven with receipts, payslips, and invoices.

Within each category sit several specific heads of loss: pain and suffering, loss of amenity, past and future loss of earnings, medical and rehabilitation costs, care and assistance, travel expenses, and adaptations to your home or vehicle. Some claims also involve interest on past losses. Which heads apply depends on the facts of your situation and the severity of the injury.

Key steps

1. Identify every head of loss. Go through your situation methodically and write down every way the injury has cost you, whether that is physical pain, time off work, taxi fares to appointments, prescription charges, or help with the shopping. Missing heads of loss is one of the most common reasons people undersettle, so capture everything before deciding what is worth pursuing. 2. Gather medical evidence. General damages for pain, suffering and loss of amenity are valued largely on medical reports. You will need records from your GP, hospital notes, and often an independent medico-legal report from a specialist. The Judicial College Guidelines and past court decisions are then used as reference points to put a bracket on the figure. 3. Document your financial losses. For special damages, proof is everything. Keep payslips showing earnings before and after, letters from your employer confirming absence, receipts for medication, invoices for private treatment, mileage logs for medical appointments, and quotes for any adaptations or equipment you need. Without paperwork, these losses can be knocked back by the other side. 4. Consider future losses carefully. If your injuries will affect you long term, future loss of earnings, ongoing care needs, and continuing treatment costs can form the largest part of the claim. These are calculated using multipliers and multiplicands, often with input from employment experts, care experts, and actuaries. This is where claims can become technically complex. 5. Factor in interest and deductions. Interest is usually added to past losses and to general damages at set rates. Certain state benefits received because of the injury may be deducted from parts of the compensation under the Compensation Recovery scheme run by the DWP. Understanding these adjustments helps you judge whether an offer is actually fair.