When you make a claim for a personal injury, it is your solicitor who sets the value of the claim, by putting forward a settlement demand, and so long as that demand is both fair and proportionate, the other side should accept the claim.
However, it is true to say that insurers have guidelines for certain types of accident and injury, guidelines which they work against to snuff out extravagant claims. These guidelines are based on three key things, which are:
- The extent of your injuries;
- Your estimated recovery period from those injuries, and;
- Your prognosis for the future.
To establish the three factors above, you will need to attend a medical examination as part of the accident claims process. This examination will be performed by an expert in your injuries, and a medical report will be created from the examination. Your solicitor will then access this new medical report, and use it for the basis of your claim. It will then be presented to the other side along with all necessary evidence.
In addition to these factors, the acceleration of any pre-existing medical conditions will be considered, as will how your injuries have and will affect your life. For example, if you enjoy mountain biking as a hobby are you have broken your left wrist to the extent that you may never be able to mountain bike again, you can expect to receive a higher pay-out.
How compensation amounts are determined
The worse your injuries are, and the bigger the affect they have had and will have on your life, then the more financial compensation you can claim. However, there are other factors that come into play, such as where you have been injured. For example, if you have suffered burns and scarring to your face, you can expect to receive more compensation than somebody who has suffered burns and scarring to an area of the body that is covered, such as the upper arm. When you begin claim, this should be explained to you, and an estimated pay-out should also be provided to you by your personal injury claims solicitor.
How can I maximise my claim value?
Firstly, you should hire an experienced solicitor who works for a reputable law firm, so that you receive the best legal advice. Secondly, you should make a note of all your out of pocket expenses related to your accident, because you can also claim ‘special damages’, which is the compensation awarded for financial losses related to your accident. Lastly, you should give to your solicitor any evidence that you have in your possession that may substantiate your claim. However, in truth, you should provide any evidence you have, as per UK law.