How are compensation amounts decided?

[shivvy]

How is it decided how much compensation is awarded to someone injured in a road traffic accident?
Of course it must depend on the severity of injuries sustained but is there some kind of sliding scale?

[sara3]

you can work it out here.. I'm not recommending the company in any shape or form!

http://www.youclaim.c...sation_Calculator.asp

[ummmm]

It depends....how, where, when.

My ex was knocked over by a drink driver ( I got to see the CCTV footage) His solicitor told him he will be compensated for each injury but that women get compensated more than men for facial injuries.

So he'd get compensated for his broken teeth...
compensated for the stitches he needed...
compensated for the other facial injuries...( apparently women get an amount per mark)
compensated for trauma...

and so on....

[factor-fiction]

Some regard this as the 'bible' on this topic:
http://www.sweetandma...id=589&productid=7742

[shivvy]

Thanks for your posts. I just don't really understand how 'degrees' of injury are decided if you know what I mean. For example, I broke 2 bones in my spine - one at the top (C6 - which was a stable fracture and I sustained no paralysis) and one at the bottom ie a fractured coccyx (which is still sore after 6 months).
I also have a selection of soft tissue injuries which are healing but are taking their own sweet time to do so. I have been told by many doctors that these can take much longer to heal than a broken bone.
However one of the injuries that has caused me the most bother has been a bleed under the skin (haematoma caused by the seatbelt) running across my belly and into my hip. How on earth can that be quantified?

[humpy07]

It's all based on the JSB Guidelines, which sets out the scale of compensation for each type of injury i.e. loss of leg gets between £xxx and £yyy.

Kemp & Kemp is all case law. Your solicitors will search through Kemp to find a case which is virtually identical to yours i.e same circumstances, injuries etc. and will claim for the same amount for you.

You will also have to look at contributory negligence - something you may have done to contribute to the accident, or a pre-existing medical condition. If for example you weren't wearing your seatbelt during an RTA, compensation is immediately cut by 1/3.

[shivvy]

Thanks humpy. What does JSB stand for?

Also, will I be approached with an amount that I have to decide is ok or not? Of course I can ask my solicitor about this but I only thought about it just now!

[humpy07]

It's the Judicial Studies Board - if it goes to court, judges are encouraged to use the guidelines to ensure fairness throughout the system.

Your solicitor will (supposedly) search through both JSB and Kemp to come to a figure, which they will put to you. If you are happy, they will make a Part 36 offer to the other side (i.e. an offer, which if rejected can be used in Court with regards to costs etc).

They will also have to come up with a figure for loss of earnings, loss of enjoyment (i.e. of hobbies etc) which will be added to the claim.

Always good to know things before hand... forearmed and all that.

[shivvy]

Thanks so much humpy.
To be honest I haven't really thought too much about compensation (and certainly not an actual amount) until now. Not too sure that I like the whole matter ie making a claim but I keep being reminded that my injuries were significant. I also keep being told that the claim is made to the other persons insurance and not them personally.