How is a personal injury claim valued?
When an injury is caused through the negligence of another person, the purpose of a compensation claim is to put the injured person in the position they would have been, had the negligence never occurred.
How can a monetary value be put on an injury?
Every case is different. It's quite an artificial notion to value pain and suffering, when no amount of money can replace good health. This aspect of a claim in Scots Law is termed ‘Solatium’. ‘Solatium’ is valued in accordance with relevant court reports and Judicial Guidelines, which a solicitor will consider in assessing the level of compensation. It’s not an exact science, but an informed view of an appropriate range can be reached.
If I was off work because of my injury, can I claim loss of earnings?
Yes – typically average earnings from six months before the absence are taken into account. Sometimes particular circumstances need to be considered, e.g. if you have missed out on a spell of overtime while off work, a pay rise, or payment for a specific project.
I am unlikely to get back to work because of my accident. Can I claim for future wage loss?
Yes – a claim will take into account your hypothetical career path and earnings, if the accident hadn’t happened. In complex cases, expert witnesses in the employment market will help calculate future loss of earnings.
What if I am back at work, but in a job that earns less, because of my accident?
So long as there is medical opinion to support that you’re no longer capable of your pre-accident role, ongoing wage loss can be claimed, i.e. the difference between what’s being earned, compared with the updated salary for the previous job. A lump sum can be claimed for the fact that you are at a disadvantage because you can no longer apply for certain roles.
If my family helps me while I am injured, can their time be claimed?
This is known as a services claim. The time spent by family members in caring and doing household tasks which you would normally have carried out can be claimed for.
What if my pension will be less as I lost my job because of my accident?
The impact on your pension can also be claimed. This is calculated by obtaining full details of the pension scheme and applying actuarial assumptions.
Is it difficult to value a personal injury case?
The losses claimed must flow directly from the accident or harm. It’s important to gather all the evidence – medical, financial and other – to ensure that proper consideration is given to the impact on the person’s life and future, and that this is reflected in the final outcome.
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