The first thing most of our clients ask us is "how much compensation am I entitled to?" This is not merely a case of assessing the potential reward for their injury. In most cases, it is a matter of finding out how much they have to spend on care, rehabilitation, modifications to their home and so on. We understand that making a claim can be stressful and that most of our clients are more concerned with reaching a settlement than with 'having their day in court'. Contrary to public belief, there are rules which dictate how much your injury will be worth if the other side is liable. These rules are contained in the Judicial Studies Board Guidelines (Or JSB Guidelines).

From the outset, our expert personal injury solicitors will advise you on the usual value of compensation which is awarded for injuries of your type. Not only that, but our solicitors will fight to maximise your award and make sure that you receive 100% of the compensation – Nothing is deducted to pay our fees as these are met by the other side.
The level of compensation that will be awarded depends on the nature and extent of the injury and the impact on your life. As such, it can be hard to pin an exact figure on the potential award from the outset, although we can give you a 'ballpark' figure based on the guidelines.

How Is A Personal Injury Claim Calculated in Scotland? What can I claim for?

To determine how much your claim is worth, it is first necessary to determine what you can claim for. The law breaks the award down into different categories and the calculation of each is different. Here is a brief breakdown:

Solatium

Damages for solatium refer to that part of the award which relate to the pain and suffering endured by the 'victim' of the accident (technically called the pursuer). The law relating to personal injury in England & Wales differs slightly. South of the border, these damages are called 'general damages'. The guidelines mentioned above set out values of compensation which differ based on the body part which is injured and the severity of the injury. This list is regularly updated although a rough guide can be found below.

A claim for 'pain and suffering' is often the most complex to organise because, as mentioned above, there are different sums of money attached to different parts of the body in terms of their value. Set out below are a list of the different kinds of injury, and that differing values that can be claimed for injury – it should be noted again that the figures set out below are only examples, and the advice of a specialist personal injury lawyer should be sought on the value of any real claim.

Head injury compensation calculator

Clearly, given the possible difference between superficial injury and deep-seated injury which may affect a person's vision, personality and ongoing health and may lead to further complications such as epilepsy, head injury compensation values vary greatly. Minor, superficial injuries attract awards in the region of £3,000-6,000. However, if the brain is injured then the award may well be much, much higher. Figures for compensation for more serious injury start at £20,000 and run into the hundreds of thousands of pounds.

Head Injuries

Min

Max

Brain Damage

 

 

Very Severe Brain Damage

£155,000

£220,000

Moderately Severe Brain Damage

£120,000

£155,000

Moderate Brain Damage 

£23,500

£120,000

Minor Brain Damage 

£8,500

£23,500

Minor Head Injury

£1,250

£7,000

Epilepsy

 

 

Established Grand Mal  

£55,000

£82,000

Established Petit Mal  

£30,000

£71,500

Other Epileptic Conditions  

£5,750

£14,250

 

 

 

Chest, Neck and Shoulder injury compensation calculator

These types of injury can be severely debilitating and are, unfortunately, all too common. The neck is the source of one of the most common claims – the 'whiplash' claim and the shoulder is a complex and easily injured multi-directional joint often injured in workplace accidents. Minor injuries in this region attract awards of between £4,000 and £6,000. More severe injuries that have a long-term effect on the sufferer can attract awards in the region of £10,000 to £20,000.

Chest, Neck and Shoulder injury compensation

Min

Max

Chest Injuries  

£1,250

£82,000

Neck Injuries

 

 

Severe 

£12,500

£82,000

Moderate  

£4,250

£13,750

Minor  

£750

£4,250

 

 

 

Shoulder Injuries

 

 

Severe  

£10,500

£26,500

Serious  

£6,750

£10,500

Moderate  

£4,250

£7,000

Minor (Up to)

£4,500

 

Fracture of Clavicle  

£2,750

£6,500

 

 

 

Back injury compensation calculator

Again, these are often painful and usually debilitating. It's unlikely that the sufferer of a serious back injury will be able to enjoy much quality of life and the compensation awards reflect this. These types of claims attract awards of compensation between £6,000 and £20,000. Paraplegia and quadriplegia claims attract more owing to their permanent nature and seriously life-affecting ramifications.

Back Injuries

Min

Max

Severe  

£21,500

£93,000

Moderate  

£6,750

£21,500

Minor (Up to)

£7,500

 

 

 

 

Arm & Hand injury compensation calculator

While these may seem to be less severe than, say, a spinal injury, the sufferer is likely to lose a lot of the function in the limb and, as such, it will impact on their quality of life. If there are good prospects for a full recovery, then awards of £3,000 - £5,000 are commonplace. If there is permanent injury or damage, then much higher figures of between £10,000 and £30,000 may be awarded.

Arm & Hand Injuries

Min

Max

Amputation of Arms

 

 

Both Arms

£132,500

£165,000

One Arm

£52,500

£75,000

Other Arm Injuries

£3,500

£71,500

 

 

 

Injuries to the Elbow (Up to) 

£30,000

 

 

 

 

Wrist Injuries (Up to)  

£33,000

 

 

 

 

Hand Injuries

 

 

From loss of both hands to amputation of finger/fingers 

£34,000

£110,000

Serious Hand Injuries  

£8,000

£34,000

Moderate  

£3,500

£7,250

Minor

£500

£2,250

Injuries to finger/s (Up to) 

£13,500

 

Injuries to Thumb (Up to)

£30,000

 

 

 

 

Vibration White Finger and/or

 

 

Hand-Arm Vibration Syndrome

Serious  

£9,250

£21,000

Moderate 

£4,750

£9,250

Minor  

£1,500

£4,750

 

 

 

Work Related Upper Limb Disorders  

£1,250

£12,500

 

 

 

Lower Body Injuries

This category includes the hips, legs, knees and the ankles. Injuries for which there are good prospects for recovery will attract awards in the region of £3,000-£10,000 while more serious injuries can attract significantly more. Injuries which result in the loss of use of a limb can attract awards of up to £25,000

Leg Injuries

 

 

Amputations  

£50,000

£155,000

Severe Leg Injuries  

£15,250

£74,000

Less Serious Leg Injuries (Up to)

£15,250

 

 

 

 

Knee Injuries

 

 

Severe  

£14,750

£52,500

Moderate (Up to)

£14,750

 

 

 

 

Ankle Injuries

 

 

Severe 

£17,500

£38,000

Moderate (Up to)

£14,750

 

 

 

 

Foot Injuries

 

 

Amputation of both feet  

£93,000

£110,000

Amputation of one foot  

£46,000

£60,000

Severe Injury  

£13,750

£60,000

Moderate  

£7,500

£13,750

Modest (Up to)

£7,500

 

 

 

 

Toe Injuries

 

 

Amputation of all Toes  

£20,000

£31,000

Amputation of the Great Toe (In the region of)

£17,500

 

Severe Toe Injuries  

£5,250

£10,500

Moderate (Up to)

£5,250

 

 

 

 

Mental/Psychological Injury Compensation Calculator

These obviously vary greatly in terms of the potential impact, their severity and the likely ramifications. There are obviously psychological injuries from which full recovery is possible and there may be some that have a long-lasting impact. For injuries with minor symptoms, the compensation will be around the £4,000 to £10,000 mark. More severe, long-lasting injuries will attract awards of up to £50,000

Mental/Psychological Injury Compensation

Min

Max

Psychiatric Damage  

 

 

Severe Psychiatric Damage  

£30,000

£63,000

Moderately Severe Psychiatric Damage  

£10,500

£30,000

Moderate Psychiatric Damage  

£3,250

£10,500

Minor Psychiatric Damage  

£800

£3,250

 

 

 

Post-Traumatic Stress Disorder

 

 

Severe Post-Traumatic Stress Disorder

£34,000 

£55,000

Moderately Severe Post-Traumatic Stress Disorder

£12,500

£31,750

Moderate Post-Traumatic Stress Disorder

£4,500 

£12,500

Minor Post-Traumatic Stress Disorder

£2,150

£4,500

 

 

 

Compensation Calculator for Loss of Earnings

Many injuries will mean that the sufferer is unable to go to work. Clearly, this will result in the loss of income in many cases. As such, the law provides for compensation for loss of earnings. Damages can be awarded which reflect the wages lost while the pursuer is off work, incapacitated or recuperating.

A claim can be made for wages lost before the case comes to court as well as for the loss of any future earnings. This can be ordinary earnings (i.e. your ordinary pay which you will lose out on while you recover) and the loss of earnings you may or may not have acquired from promotions, etc. This only applies in certain cases, however.
Compensation for expenses

You can also be awarded compensation for your own expenses. You may have paid money to travel to hospital or to your GP or you may have had to replace property that was damaged in the accident. You can add a claim for 'out of pocket' expenses to your overall claim.

Compensation for 'Services'

In many cases, severe injuries will mean that the sufferer will have to be cared for by a family member or professional. If this is the case, then you can make a claim for compensation for their expenses.

Compensation for 'Loss of Society'

Again, this only applies in certain situations. If the accident results in the death of a close family member, then surviving family members can claim compensation which reflects the loss of their company or 'society'. If this applies, you should discuss it with us at as early a stage as possible. This type of award is usually only made to individuals who have lost parents, partners or children as a result of the accident.

Compensation for 'Loss of support'

This is applicable when the deceased family member is providing for his or her family. If the individual who has been killed was the breadwinner, then the family can claim for the loss of this income.

This relates to the financial support that the victim of an injury who has died would have otherwise provided to his/ her family. Where someone provided a degree of financial support before the accident e.g. husband that provided for his family, this will normally be included in any claim for compensation.

Contact our Injury Solicitors in Scotland

For expert personal injury claims advice in Scotland, contact us today: call us on 08082789437.

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