If you have been injured in an accident that wasn’t your fault, you may be wondering whether there’s a limit to the amount of compensation you can claim. The answer to this question is yes, there is a limit to the amount of compensation you can claim – however the level of compensation you may receive depends on a number of factors.
First of all, let’s address how compensation is calculated by compensation lawyers.
How compensation is calculated
There are Two Types of Compensation:
General damages and Special damages.
General damage is the compensation awarded for an injury. There is a limit to the amount of compensation you can claim with regards to this. As Uk claim lawyers would tell you, the amount of compensation you can claim for your injury depends on four key things:
The severity of your injury;
The recovery period of your injury;
Your prognosis for the future;
The acceleration of any pre-injury conditions.
When calculating general damages, your compensation lawyers will seek a general damages payout that’s fair and proportionate of your injury. This may be £1,500 or it may be £100,000.
Special damages is the compensation that’s awarded for any loss of earnings, out-of-pocket expenses, or other financial hardships brought on by your injury (for example, travel expenses). There is obviously a limit to the amount of special damages compensation you can claim; this limit is calculated by your injury solicitor to include any financial losses.
Again, this calculation will be fair and proportionate.
An important note about how compensation should be calculated
Fair and proportionate is an important phrase with regards to claims.
Compensation lawyers would tell you that any claim for general damages or special damages compensation that’s ‘over-the-top’ is likely to be challenged by the other party – for example, you can’t claim for £50,000 for a ‘grade 1’ whiplash injury. This is why the importance of claiming for an amount that’s respective of your injury and financial hardships cannot be overstated– claims challenged by the other party can take over 12 months to process, which isn’t ideal for you or your injury solicitor.
When looking for an answer to “Is there a limit to the amount of compensation I can claim?” it’s vital that you be realistic with your payout expectations and seek the advice of an injury solicitor or law firm to better understand your rights and the strength of your case.
Uk claims lawyers will be able to help you find out what payout you can realistically expect – an estimate – based on the criteria listed above and the nuances of your case. Get in touch with UK Claim Lawyers on 0800 157 1438 for expert advice surrounding your case.