One of the most common questions we are asked is:
“How much is my claim worth?”
It is a perfectly understandable question, but it is often one of the most difficult to answer at the outset of a claim.
Every accident and every injury is different. Two people may suffer the same type of injury, but the impact on their lives can be very different. As a result, personal injury claims are assessed on a case-by-case basis, taking account of both the injuries sustained and any financial consequences arising from the accident.
There Is No Fixed Compensation Tariff in Scotland
Many people assume there is a set amount of compensation for a particular injury.
While some claims in England and Wales are now subject to fixed compensation tariffs, particularly certain whiplash claims arising from road traffic accidents, there is no equivalent tariff-based system for valuing personal injury claims in Scotland.
Instead, each claim is assessed on its own facts. The value of a claim will depend on factors such as the nature of the injury, the severity of the symptoms, the recovery period and the overall impact the accident has had on the individual’s life.
In reality, personal injury claims are valued by considering a range of factors, including:
- The nature of the injury.
- The severity of the injury.
- How long symptoms last.
- Whether a full recovery is expected.
- The impact the injury has had on daily life.
- Any financial losses arising from the accident.
The more serious the injury and its consequences, the higher the value of the claim is likely to be.
Medical Evidence Is Key
In most personal injury claims, medical evidence plays a central role in determining value.
An independent medical expert will usually examine the injured person and prepare a report addressing matters such as:
- The injuries sustained.
- The treatment required.
- Recovery timescales.
- Whether any ongoing symptoms are expected.
- The long-term prognosis.
This report helps establish not only what injuries were suffered, but how those injuries are likely to affect the injured person in the future.
Compensation for the Injury Itself
In Scotland, compensation for the injury itself is known as solatium.
Solatium is intended to compensate an injured person for the pain, suffering and inconvenience caused by an accident. It takes account of the injury sustained, the symptoms experienced and the impact the injury has had on day-to-day life.
When valuing solatium, a number of factors are considered, including:
- The nature of the injury.
- The severity of the injury.
- The duration of symptoms.
- Whether a full recovery is expected.
- The impact on work, hobbies and daily activities.
- Any long-term or permanent effects.
To arrive at an appropriate valuation, solicitors will often consider the Judicial College Guidelines, which provide compensation brackets for different types of injuries. These guidelines are not binding in Scotland, but they are regularly used as a useful reference point when assessing the likely value of a claim.
Case law is also important. Previous court decisions involving similar injuries can provide valuable guidance on the level of compensation that may be appropriate in a particular case.
As a result, valuing a personal injury claim is not an exact science. It involves considering the individual circumstances of the injured person, reviewing the medical evidence and comparing the case with both the Judicial College Guidelines and previous court decisions.
Financial Losses Matter Too
Compensation is not limited to the injury itself, many injured people also incur financial losses following an accident.
Depending on the circumstances, these may include:
- Loss of earnings.
- Overtime losses.
- Medication costs.
- Travel expenses.
- Care and assistance provided by family members.
- Treatment and rehabilitation expenses.
Evidence of these losses is usually required and may take the form of wage slips, receipts, invoices or other financial records.
Future Losses
In more serious cases, future losses may also require to be considered.
For example, an individual may:
- Be unable to return to their previous employment.
- Need ongoing treatment.
- Require future care or support.
- Experience a reduction in future earning capacity.
Where appropriate, these future losses can form part of the overall claim value.
Why Early Estimates Can Change
At the beginning of a claim, it is not always possible to provide a precise valuation.
This is because the full extent of an injury may not yet be known.
A solicitor will often wait for medical evidence before advising on the likely value of the claim. As recovery progresses and further evidence becomes available, that valuation may change.
This is entirely normal and helps ensure that the claim properly reflects the impact the injury has had on the individual’s life.
Every Case Is Different
No two personal injury claims are exactly alike.
A claim involving the same type of injury may have a very different value depending on:
- The age of the injured person.
- Their occupation.
- Their recovery period.
- Their financial losses.
- The longer-term consequences of the injury.
That is why personal injury claims are assessed individually rather than by applying a simple formula.
How Jackson Boyd Can Help
Our specialist personal injury lawyers represent clients across Scotland in road traffic accident, employer liability and public liability claims. Learn more about our Personal Injury Services.
