Personal Injury Claims

Personal Injury Claims

JMS Personal Injury Solicitors Manchester

At JMS Solicitors we have an established team of specialist personal injury solicitors who have experience in dealing with all types of personal injury claims. Based in Manchester our experienced staff can guarantee you the best possible service for your claim.
 

Contact us today on

Freephone 0800 781 7057

 

If you have suffered an injury in an accident that was not your fault and that happened within the last 3 years, you should contact JMS to discuss whether you will have a valid claim. JMS will discuss the law applicable to your specific situation and provide you with information on what evidence would be needed to prove your claim.
Personal Injury Case Studies: Mr K – Road Traffic Accident We acted for a 35 year old passenger in a car that was travelling along a main road when another vehicle drove into the rear of the car. He suffered whiplash and flashbacks to the accident. JMS managed to negotiate a settlement of £4,000 compensation for Mr K, and a referral for Cognitive Behavioural Therapy.

Miss C – Employer’s Liability Miss C was an air stewardess for a well known airline. Whilst on duty she tripped and suffered a severe injury to her ankle. JMS successfully recovered compensation, loss of earnings and interest on bank loans of nearly £25,000.

More Personal Injury Case Studies

 

Areas of Personal Injury expertise include:

(see also 'What Is My Injury'?)

Accidents at Work

To claim for an accident at work you will need to give some evidence that your injuries was caused by negligent working practice in your workplace. These days as work and safety in the workplace becomes more important, employers will generally welcome the chance to improve working practices to avoid larger claims in the future, however it is understandable that you may feel uncomfortable to make a claim against your boss so feel free to contact JMS to discuss any repercussions before you make up your mind as to whether to make a claim.

Asbestos-related Illnesses

A wide number of illnesses can be connected to asbestos such as some lung cancers and mesothelioma

Back Injury

Lower back pain, also known as lumbago, can come on suddenly, slowly, or be the direct result of a fall or injury. If you have suffered a back injury in an accident or at work, you may be entitled to compensation.

Blindness and Eye Injuries

If you have suffered an accident that has resulted in blindness or eye injuries, the effects can be devastating. And if that accident was not your fault, you may be entitled to claim injury compensation.

Broken Bones

You don’t have to be involved in a serious incident to end up with broken bones. A simple slip or trip could cause you to break a limb if you fall awkwardly. Even if your broken, cracked bone or fracture isn’t serious, you may be able to claim compensation.

Burns

Burns whether caused by fire, heat or chemicals are some of the most painful types of personal injury and may cause permanent scarring and disfigurement. Serious burn injuries can affect vital organs. Victims of burns and scarring can also suffer emotional and psychological effects.

Clinical or Medical Negligence

Clinical negligence cases range from maximum severity to relatively straightforward injuries and can include: neurological injury, birth injury, misdiagnosis of cancer, fatal injuries, prescribing or dispensing errors, cosmetic surgery and dentistry.

Carbon Monoxide Poisoning

Carbon monoxide is a colourless, odourless, tasteless gas which can cause permanent injuries and death. There are laws to protect and prevent carbon monoxide poisoning, but faulty or defective equipment mean it can still happen at work, home or on holiday. If you think you have suffered from carbon monoxide poisoning, you may be able to claim compensation.

Catastrophic Injury

If you or a loved one suffers a catastrophic injury, such as the loss of a limb or a brain injury, it will be a life changing injury. JMS can help you make a claim for compensation if this has happened to you.

Cosmetic Procedures

With the increasing popularity of cosmetic procedures such as rhinoplasty ('nose job') breast augmentation, liposuction, tattoos, permanent make-up and other elected cosmetic procedures there has been an increase in failed procedures. The consequences of these can be temporary or permanent disfigurement and discomfort or pain and psychological trauma.

Criminal Injuries

Compensation awards are made by a Government-funded scheme operated by the Criminal Injuries Compensation Authority(CICA). To qualify, you must have suffered an injury arising from a “crime of violence”. Awards may be reduced or refused if you have failed to report the crime, failed to co-operate with the police, if you were not the innocent victim or if you have a criminal record.

Deafness and Hearing Problems

Suffering from deafness or hearing problems can severely impact your quality of life. If your hearing problems have been caused by excessive noise at work, e.g.industrial deafness or an accident that wasn’t your fault, you may be entitled to compensation.

Education

You may be able to claim compensation if a teacher or other education professional acts negligently. You are entitled to tuition and supervision of a reasonable standard. If you can show that such standards were not adequate in your case, causing you to suffer a measurable harm, you may have a valid claim.

Fatal accidents

Whilst claiming compensation may not be the first thought in the minds of people who have lost a loved one as a result of an accident, they should be aware that they may be able to claim compensation if the deceased person was not at fault. Certain dependants may have a claim for financial losses. A surviving spouse, child or other family member may also have a claim for “bereavement damages”.

Food Poisoning

Food poisoning is a common illness but sometimes may lead to permanent debilitating injury or even death. If you have suffered from food poisoning, you may be able to claim compensation.

Hand Arm Vibration Syndrome (HAVS)

Hand arm vibration syndrome (HAVS) is an industrial condition caused by working with vibrating tools. It can cause tingling in the hands, numbness in the fingers and sometimes aching in the wrists and muscles of the forearm. If you have suffered from HAVS, you may be entitled to compensation.

Head or Brain Injury

A head injury can cause problems such as memory loss, inability to understand or communicate, poor concentration, slowed responses and personality changes. Brain injuries are caused by a variety of circumstances including sporting accidents, road traffic accidents and criminal assault. If a third party caused the injury, it may be possible to claim compensation.

Industrial disease

Industrial diseases and illnesses can be caused by the conditions in a specific working environment, such as fumes and dust, or through working with hazardous substances such as oils and chemicals. Ailments include asbestos-related diseases, breathing and respiratory problems, industrial deafness and skin conditions. Compensation may be paid where it can be proved that employers exposed workers to conditions that contributed to their illness. Unlike most personal injury claims, if you are claiming for an industrial injury in the UK there are several ways to obtain financial relief for the hardships you might experience. Contact us at JMS for more information.

Loss of Limbs

If you have lost a limb in a serious accident, as well as dealing with the emotional impact of losing a limb, you may have special needs that make it difficult for you to work in the future, and you might require financial support.

Loss of Taste and Smell

Our senses of taste and smell are linked and if you lose one you will often lose the other as well. As well as losing enjoyment, the impact can be serious because you will be able to smell a gas leak or food that is going off.

Military

If you have an accident while serving in the military or Armed Forces and can show it was the fault of your employer, the Ministry of Defence, you can make a claim. You do not have to leave the Armed Forces before claiming. Even if the accident was abroad, or if the claim is against the Ministry of Defence, it can be brought in the English Courts.

MRSA

MRSA,Methicillin-resistant Staphylococcus aureus, is a bacterium which is found on the surface of the skin. It is normally only harmful to people with weakened immune systems, such as the elderly or sick, and usually affects those with an open wound or drip. The most common place to contract MRSA infection is in hospital.

Occupational Injuries

Occupational injuries, illnesses or diseases are those that occur at the location of the person's employment and may not always be obviously associated. Although employers very often carry out risk assessments and set up procedures to protect their workforce injuries, illnesses or diseases can still occur. Some examples may be allergic reaction, chemical or toxic injury from exposure to hazardous chemicals in a hair salon or a manufacturing process; glass injury or chemical burn during refuse collection; lifting injury or needlestick injury whilst caring or nursing and many more.

Police, Actions against

Being arrested, detained and prosecuted by the police is distressing, especially if the arrested person is innocent. Claims can be made for damages for assault by a police officer, wrongful arrest, unlawful detention and malicious prosecution. Complaints can be made to the police that may result in officers being disciplined.

Post-traumatic Stress Disorder (PTSD)

Anyone can experience stress. But post-traumatic stress disorder (PTSD) is a severe emotional reaction to a traumatic experience, such as a life-threatening event. If you or a loved one are suffering from PTSD, you may be able to claim compensation.

Repetitive Strain Injury (RSI)

Repetitive strain injury (RSI) affects thousands of people every year. It is caused by repeated movements damaging tendons, nerves, muscles and other soft body tissues. If you suffer from RSI caused by your work, you may be able to claim compensation.

Road Traffic Accidents

Road traffic accident claims (or RTAs) are any accident in which a motor vehicle was involved. Whether you're the driver, a passenger, a cyclist, on a motorbike or simply a pedestrian that has been involved in an accident you should seek legal advice from us if you wish to claim compensation for your injuries.

Skin Conditions or Dermatitis

Dermatitis is a common skin condition and one of the most widespread causes of ill health at work. In some severe cases, dermatitis can make working impossible. However, if you've developed a skin condition or dermatitis at work, you may be able to claim compensation.

Slips, Trips or Falls

A slip, trip or fall can happen anywhere and generally it may be unclear who is responsible for your injuries. If you slip on a pavement or road is it owned and maintained by the council or by a private firm or individual? If you slip on a wet patch at work are your employers liable or is it the plumber who didn't fix the pipe properly? These are all questions that you will not be asked to investigate on your own. JMS will be able to advise you on the best route to finding out and your options depending on who is at fault.

Spinal injuries

Spinal injury, usually caused by an accident or a fall can severely affect general mobility and can result in complete loss of movement to the legs or arms. Compensation can help rebuild a person’s life and regain independence.

Sports-related Injury

Anyone who takes part in organised sports has a duty to act with reasonable care to other participants, as do those who organise or supervise such activities. If you are injured because of another participant’s simple error of judgement or lack of skill, this may not be negligent. However, you may be entitled to compensation if you were injured deliberately, were inadequately instructed or supervised, the playing facilities were unsafe or the equipment provided was defective.

Travel

Whether travelling on board an aircraft or a boat or public transport,you have specific rights as a passenger. If you have been injured whilst embarking, disembarking or during the journey, you may be able to claim compensation from the tour operator, the airline or boat owner, depending on the circumstances.

Violent Crime

If you are the victim of a blameless crime and have suffered physical or mental injury then you may be eligible to claim compensation through the Criminal Injuries Compensation Authority (CICA www.cica.gov.uk  )

At JMS we are here to make your personal injury claim as simple and easy as possible. Contact us on Freephone 0800 781 7057 in the first instance or alternatively complete our enquiry form.

What Is My Injury?

What Is My Injury?

Whilst not exhaustive this list contains a selection of more common injuries:

Accident abroad – Suffering an accident abroad through no fault of your own whether as a passenger, guest or a public place or sustained any other injury. An accident abroad whilst on business or holiday can have longlasting effects.

Acid injury – An acid injury may more commonly occur at work through contact with acidic or corrosive chemicals which are used during manufacturing or production processes.

Agricultural injury – Agricultural injuries are still fairly commonplace due to the complexity, size and risk associated with some of the machinery involved or working from height and injuries sustained tend to be crushing, severing or falling from height.

Airbag injury – Airbag injury may be sustained in a vehicle accident where an airbag is automatically deployed or where the airbag mechanism malfunctions and deploys the airbag without any emergency breaking or impact taking place.

Allergic reaction – An allergic reaction can take place at any time and may occur either through ingestion or inhalation of substances that cause an allergic reaction within the body or topically that cause an allergic reaction on the skin. Common allergic reaction is nut allergies, either through consumption or inhalation of vapour from foods containing nuts, in extreme cases.

Amputation accident – An amputation accident more commonly happens when using cutting equipment or in an industrial manufacturing or processing environment where pressing machines or cutting blades are present.

Anaphylactic shock – Anaphylactic shock is an acute and severe hypersensitivity reaction by the body to an allergen and may require immediate hospital treatment in some cases. Instances of anaphylactic shock have taken places restaurants where the unsuspecting sufferer consumes an allergen to them, e.g. food containing nuts.

Ankle injury – An ankle injury can describe injury to soft tissue, ligaments or a fracture. Ankle injuries are generally sustained through a slip, trip or fall or during physical activity.

Asbestos – Asbestos was widely used in building and electrical appliance for its resistance to fire, heat, electrical or chemical damage and sound absorption. The inhalation of asbestos fibres can cause serious illnesses including malignant lung cancer, mesothelioma and asbestosis.

Assault injury – Assault injury may occur at any time through physical assault from another party. Injuries sustained can be minor to major and may require medical treatment.

Back injury – Back injury commonly occurs from wear, damage or a trauma to the bones, muscles or other tissues of the back. In the workplace back injury can occur from a slip, trip or fall, lifting, bending or twisting action or repetitive action of this motion. Back injury may also occur in a trauma such as a road traffic accident. Common sufferers of back injury through repetitive strain are those involved in nursing or caring, building, delivery services.

Baking injury - Baking injury may take the form of a burn or scald during food production or manufacturing processes where there is potential contact with extremely hot, scalding or boiling metals and liquids.

Blasting injury – Blasting injury can occur where there are explosive or chemically volatile substances involved or highly pressurised environments. Injuries sustained may be multiple dependent on severity of blast and proximity of victim.

Body piercing injury – Body piercing involves penetration of the skin, with resultant bleeding and this may cause infections including the transmission of blood borne viruses e.g. HIV, Hepatitis B or C.

Brain injury – Brain injury from a trauma is more commonly sustained from a severe blow to the head, a fall and being involved in a road traffic accident whether a driver, passenger or pedestrian.

Breast enlargement – Breast enlargement for cosmetic reasons may result in complications such as silicon leakage or infection.

Broken tooth – Broken tooth caused by biting something hard which is unexpected within foodstuffs or from a blow to the mouth. Dependent on how the tooth is broken this can result in costly dental treatment.

Broken neck – A broken neck is the common term for a fracture to one of the cervical vertebrae, of which there are seven. Abnormal movement of these when fractured may result in spinal cord injury which can cause paralysis or death.

Broken toe - Broken toe or fractured toe is a fracture of the phalanx (toe) this is more commonly caused by a stubbing of the toe or by dropping a heavy object on the toe.

Burnt scalp – Burnt scalp may be caused by scalding water or a chemical burn which may occur during the use of hairdressing processes or applications of hairdressing products such as hair colouring, dyes or perms whether self administered or at a professional hairdressers or salon.

Carbon monoxide poisoning – Carbon monoxide poisoning occurs when carbon monoxide (CO) is inhaled. Carbon monoxide is colourless, odourless, tasteless and non-irritating therefore difficult to detect without special equipment. Carbon monoxide poisoning commonly happens where there is faulty or badly fitted gas burning equipment such as gas boilers, domestic heaters, cooking equipment.

Chemical burn – Chemical burn occurs when living tissue such as skin is exposed to corrosive substances such as acids, solvents, oxidisers and reducing agents. If not treated quickly chemical burns may cause extensive and permanent tissue damage.

Choking – Choking is an obstruction of the flow of air to the lungs. This can be caused by a partial or complete blockage of the windpipe (trachea) and can lead to asphyxia if the obstruction is not removed quickly. Choking incidents occur more commonly with young children when they swallow food, toys and other small objects.

Criminal injury – Criminal injury can be any injury which is sustained through an unprovoked assault by another person. Compensation may be sought by application to Criminal Injuries Compensation Authority (CICA)

Crushing injury – Crushing injury generally occurs when a part of the body has a very heavy weight applied or dropped on it or compressed through a blow. Crushing injuries generally occur to the outer limbs, head and trunk. Crushing may result in injury to soft tissue, broken bones or internal organ damage.

Disfigurement – Disfigurement is where one’s appearance is deeply or permanently harmed either through a medical or surgical procedure, disease, birth defect or wound.

Electric shock – Electric shock occurs when one comes into contact with high voltage source of electricity. Electric shock can cause may cause tissue damage and if high enough voltage fibrillation of the heart.

Eye injury – Eye injury can be sustained either physically or chemically and if not treated quickly can be a serious threat to vision. Generally redness or pain is a good indication that an eye injury has been sustained however in the case of tiny metal particles this may not be so obvious and a thorough eye examination is required.

Facial injury – Facial injury or facial trauma is may be any soft tissue injury caused by burns, lacerations or bruises or fractures to facial bones. Dependent on injury type symptoms may be swelling, pain, loss of function or in the case of a fracture changes to the shape of one’s face.

Food poisoning – Food poisoning can range from mild to severe and although referred to as food poisoning it is caused by bacteria, viruses and parasites that contaminate food or drink. Symptoms are generally nausea, vomiting and diarrhoea.

Fractured sternum – Fractured sternum (breastbone) occurs where there has been a chest trauma normally due to impact such as in a car accident where the chest has struck a steering wheel or dashboard. A fractured sternum may cause difficulty with breathing but more importantly could be an indication of internal injuries to the heart or lungs.

Groin injury – Groin injury generally refers to groin strain and is injury to the muscle or tendon tissue. This can occur through overuse or a single stressful incident such as sudden sharp movements or over exertion on the muscle. The first indication that a groin injury has occurred is pain in the groin area.

Hand and Arm Vibration Syndrome (HAVS) – Hand and Arm Vibration Syndrome (HAVS) is an industrial condition caused by working with vibrating tools. It can cause tingling in the hands, numbness in the fingers and sometimes aching in the wrists and muscles of the forearm (see also Vibration White Finger)

Hearing loss – Hearing loss can occur through age but it may also be noise induced. Most noise induced hearing loss happens in a where ambient noise or noise pollution exists above a certain level. Long term exposure to this can cause hearing. Typically this could be in a manufacturing, processing or production plant or where explosives are set off. Precautionary measures can minimise the risk of this.

Industrial deafness – Industrial deafness is noise induced deafness (see above).

Industrial diseases – Industrial diseases or Occupational Diseases can be caused by the conditions in a specific working environment, such as fumes and dust, or through working with hazardous substances such as oils and chemicals. Ailments include asbestos-related diseases, breathing and respiratory problems, industrial deafness and skin conditions such as dermatitis


Lifting injury – Lifting injury generally results in lower back pain in the especially at the disc of fifth lumbar and the first sacral vertebrae. The risk of lifting injuries can be minimised with the use of lifting aids or additional manpower.

Liposuction injury – Liposuction (or lipoplasty) injury is the result of cosmetic surgery conducted to remove fat from various parts of the body. Injuries and complications that may be sustained are burns, damage to the skin, skin necrosis, infection and puncturing of internal organs.

Manual handling injury – Manual handling injury generally result in sprains, strains or lower back pain (see lifting injury)

MRSA - MRSA,Methicillin-resistant Staphylococcus aureus, is a bacterium which is found on the surface of the skin. It is normally only harmful to people with weakened immune systems, such as the elderly or sick, and usually affects those with an open wound or drip. The most common place to contract MRSA infection is in hospital.

Neck fracture – Neck fracture or cervical fracture is a fracture to one of the cervical vertebrae, of which there are seven. Abnormal movement of these when fractured may result in spinal cord injury which can cause paralysis or death.

Needlestick injury – Needlestick injury is a piercing wound form a needlepoint or other sharp instruments or objects. This may cause exposure to blood or other infections

Permanent makeup injury – Permanent makeup or micropigmentation is often undertaken for purely cosmetic purposes but can also be used for remedial treatment when there has been a loss of hair (alopecia) or loss of skin colour (vitiligo). Permanent makeup injury can result infection, allergic reaction, swelling, cracking, peeling, blistering, and scarring.

Plastic surgery injury – Plastic surgery is carried is carried out to correct or restore form or function and therefore may be undertaken for purely aesthetic reasons or for reconstructive purposes after major trauma such as burns. The list of plastic surgery injury can be extensive as there can be complications after any surgical procedure. Most commonly but not exhaustive is bleeding, infection, scarring, nerve damage, fluid retention, shock and burning.

Post-traumatic Stress Disorder (PTSD) - Anyone can experience stress but post-traumatic stress disorder (PTSD) is a psychiatric condition that can cause severe emotional reaction after traumatic or catastrophic experience, such as a life-threatening event. Diagnosis is based on symptoms such as flashbacks, nightmares, difficulty sleeping, anger and extreme anxiety.

Repetitive Strain Injury (RSI) – Repetitive Strain Injury (RSI) is caused by repeated movements damaging tendons, nerves, muscles and other soft body tissues.

Seatbelt injury – ‘Seatbelt injury’ was more prevalent during head on car collisions when cars were only fitted with lap seatbelts. With the advent of lap and shoulder seatbelts the occurrence has lessened however seatbelt injury still occurs by the body being violently thrown forward. Injuries can be sustained by the pancreas and duodenum.

Slip, trip or fall injury – A slip, trip or fall injury can occur at work, a public area or at home and dependent on the circumstances can result in multitude of injuries including sprains, strains or fractures.

Spinal injury - Spinal injury, usually caused by an accident or a fall can severely affect general mobility and can result in complete loss of movement to the legs or arms

Sunbed injury – Sunbed injury will normally take the form of sunburn. Sunburn is caused by UV radiation which naturally occurring from the sun or artificially produced by the lamps in sunbeds.

Tattoo injury – Tattoo injury has become more common with the increased popularity recently of body art. (See also permanent makeup injury). Tattoo injury can include injury can include infection, allergic reaction, swelling, cracking, peeling, blistering, and scarring.
 

Vibration white finger – Vibration white finger (see also Hand Arm Vibration Syndrome – HAVS) or ‘Dead Finger’ is caused by continuous and prolonged use of vibrating hand-held machinery such as pneumatic drills, jackhammers, power chain saws, angle grinders and power lawnmowers. Vibration white finger affects the blood vessels, nerves, joints and muscles of the hand, wrist and arm and is a recognise industrial disease.

Weight loss injury – Weight loss injury may occur through the use of dietary supplement or regime or through a surgical procedure (see also liposuction) to assist intentional weight loss.

Welding accidents – Welding accidents tend to encompass injuries such as welding burns to the skin from sparks, solder or soldering iron. However welders can also suffer burns to the retina or inflammation to the corneas from the arc light which contains ultraviolet light. Safety equipment or protective clothing should minimise the risk.

Whiplash – Whiplash is an injury sustained from a sudden acceleration and deceleration force exerted on the neck area and is most commonly associated with road traffic accidents where driver and passengers can suffer whiplash injuries which can be to the bone structure, soft tissue or both. Whiplash associated disorders (WAD) is a more severe and chronic disorder.

 

How Much Will I Get For My Injury?

How much for my injury?

 

As damages are awarded by a judge in civil court there is no hard or fast rule or formula for the process of calculation.

A judge will take into consideration pain, suffering or loss of amenities of life when making his decision. Whilst no two cases are ever identical in circumstances, justice requires that there is a level of consistency between awards of a similar nature.

Awards are made using guidelines of reported cases collated by the Judicial Studies Board and published in ‘Guidelines for the Assessment of General Damages in Personal Injury Cases’ which all judges, recorders, district judges and those involved in assessing general damages for personal injury cases.

A member of our experienced Personal Injury Team will be able to discuss your injury with you. Please call Freephone 0800 781 7057

 

 

1.   Paralysis
2.   Head Injuries
3.   Psychiatric Damage
4.   Injuries to Sight, Taste and Smell and Deafness
5.   Injuries to Internal Organs
6.   Injuries to Neck, Back and Limbs
7.   Facial Injuries
8.   Scarring
9.   Damage to Hair
10. Dermatitis
 

Paralysis

Paralysis

 

Quadriplegia                                                             £206,750 to £257,750

Award will be affected by the following considerations:
(i) the extent of any residual movement;
(ii) the presence and extent of pain;
(iii) depression;
(iv) age and life expectancy.

The top limit of award will be appropriate
where there is significant effect on senses or
ability to communicate and often involve
significant brain damage

Paraplegia                                                                £140,000 to £181,500

Award will be affected by the following considerations:
(i) the presence and extent of pain;
(ii) the degree of independence;
(iii) depression;
(iv) age and life expectancy.

 

 

 

Head Injuries

Head Injuries

 

Brain Damage

Very Severe Brain Damage                                  £180,000 to £257,750
Top of this bracket the injured
person will have a degree of insight. There may
be some ability to follow basic commands,
recovery of eye opening and return of sleep and
waking patterns and postural reflex movement.
There will be little meaningful
response to environment, little or no language
function, double incontinence and the need for
full-time nursing care.

Award within the bracket will be affected by:

(i) the degree of insight;
(ii) life expectancy;
(iii) the extent of physical limitations.

Moderately Severe Brain Injury                           £140,000 to £180,000
The injured person will be very seriously dis-
abled. There will be substantial dependence on
others and a need for constant professional care.
Disabilities may be physical, such as
limb paralysis, or cognitive with impairment of
intellect and personality.
If life expectancy has been greatly
Reduced then a higher award may be made.

Award within the bracket will be affected by
the following considerations:

(i) the degree of insight;
(ii) life expectancy;
(iii) the extent of physical limitations;
(iv) the degree of dependence on others;
(v) ability to communicate;
(vi) behavioural abnormality;
(vii) epilepsy or a significant risk of epilepsy
(unless a provisional damages order pro-
vides for this risk).

Moderate Brain Damage
This is classified by the degree of dependency
which is markedly lower.

 

(i) Moderate to severe intellectual deficit,
personality change, effect on sight, speech
and senses with a significant risk of epilepsy
and no prospect of employment.                             £96,000 to £140,000

(ii) Moderate to modest intellectual deficit,
ability to work is greatly reduced or removed
and some risk of epilepsy                                           £58,000 to £96,000

(iii) Concentration and memory are affected,
ability to work is reduced, small risk of epilepsy
and any dependence on others is very
limited.                                                                            £27,500 to £58,000

Minor Brain Damage                                                      £9,875 to £27,500
lnjured person will have made a good recovery
and will be able to take part in .normal social life
and to return to work. There may not have all
normal functions so there may still be persisting
problems such as poor concentration and memory
which may interfere with lifestyle, leisure activities
and future work prospects. At the top end
there may be a small risk of epilepsy.

The level of the award within the bracket will be
affected by:

(i) the extent and severity of the initial injury;
(ii) the extent of any continuing, and possibly
permanent, disability;
(iii) the extent of any personality change;
(iv) depression.

Minor Head Injury                                                              £1,400 to £8,100
Brain damage, if any, will have been minimal.

Award will be affected by the following
considerations:

(i) the severity of the initial injury;
(ii) the period taken to recover from any
symptoms;
(iii) the extent of continuing symptoms;
(iv) the presence or absence of headaches.
 

 

Epilepsy
Established Grand Mal                                               £64,250 to £96,000

(tonic clonic seizures)
Established Petit Mal                                                  £35,000 to £83,750
(absence seizures)

Award will be affected by the following factors:

(i) whether attacks are successfully controlled
by medication and the extent to which the
need for medication is likely to persist;
(ii) the extent to which the appreciation of life
is blunted by such medication;
(iii) the effect on working and/or social life
(iv) the existence of associated behavioural
problems;
(v) the prognosis.

Other Epileptic Conditions                                           £6,750 to £16,750
Award within the bracket will be
affected by the extent of any consequences of the
attacks on, for example, education, sporting
activities, working and social life, and their
duration.

 

 

 

Psychiatric Damage

Psychiatric Damage

The factors to be taken into account in valuing
claims of this nature are as follows:

(i) the injured person’s ability to cope with
life and work;
(ii) the effect on the injured pers0n’s relation-
ships with family, friends and those with
whom he or she comes into contact;
(iii) the extent to which treatment would he
successful;
(iv) future vulnerability;
(v) prognosis;
(vi) whether medical help has been sought;
(vii) (a) whether the injury results from
sexual and/or physical abuse and/or
breach of trust;
(b) if so, the nature of the relationship
between victim and abuser; the
nature of the abuse, its duration and
the symptoms caused by it.

Severe                                                                            £35,000 to £74,000
Injured person will have marked problems
with respect to factors (i) to
(iv) above and the prognosis will be very poor.

Moderately Severe                                                      £12,250 to £35,000
There will be significant problems
associated with factors (i) to (iv) above but the
prognosis more optimistic than in above.
Cases of work-related stress resulting in a
Permanent or long-standing disability preventing
a return to comparable employment would come
within this category.

Moderate                                                                          £3,750 to £12,250
Injured person will have marked improvement
by trial and the prognosis will be good.

Minor                                                                                    £1,000 to £3,750
Award will take into consideration the length
of the period of disability and the extent to which
daily activities and sleep were affected. Awards
have been made below this bracket in cases of
temporary ‘anxiety’.

 

Post Traumatic Stress Disorder (PTSD)

Severe                                                                            £40,000 to £64,250
Permanent effects which prevent the
injured person from working at all or at least
from functioning at anything approaching the
pre-trauma level. All aspects of the life of
the injured person will be badly affected.

Moderately Severe                                                      £14,825 to £37,000
Better prognosis which will be for some
recovery with professional help. Effects are still
likely to cause significant disability for the
foreseeable future. While there are awards which
support both extremes of this bracket, the majority
are between £20,000 and £25,000.

Moderate                                                                         £5,250 to £14,825
Injured person will have largely recovered and
any continuing effects will not be grossly disabling.

Minor                                                                                    £2,500 to £5,250
Virtually full recovery will have made within one
to two years and only minor symptoms will persist
over any longer period.

Chronic Pain

Chronic Pain Syndrome

Severe                                                                            £26,750 to £40,750
Moderate                                                                          £6,975 to £21,000

Fibromyalgia                                                                  £21,750 to £40,750

Chronic Fatigue Syndrome                                In the region of £32,000

Reflex Sympathetic Dystrophy
(Also called complex regional pain syndrome)
Severe                                                                            £32,500 to £64,250
Moderate                                                                        £16,250 to £24,500

Somatoform Disorder                                        In the region of £29,000

 

 

 

Injuries to Sight, Taste, Smell and Deafness

Injuries to Sight, Taste, Smell and Deafness

 

Injuries affecting Sight

Total Blindness and Deafness                       In the region of £255,000

Total Blindness                                                  In the region of £172,500

Loss of Sight in One Eye with Reduced
Vision in the Remaining Eye
Where there is serious risk of further
deterioration in the remaining eye, going
beyond some risk of sympathetic ophthal-
mia.                                                                               £61,500 to £115,000

Where there is reduced vision in the
remaining eye and/or additional problems
such as double vision.                                                 £40,750 to £67,500

Total Loss of One Eye                                                 £35,000 to £42,000
Award within the bracket will depend on age
and cosmetic effect.

Complete Loss of Sight in One Eye                         £31,500 to £35,000
Award takes account of some risk of sympa-
thetic ophthalmia. Upper award is appropriate
where there is scarring in the region of the eye
which is not sufficiently serious to merit a
separate award.

Serious but incomplete loss of vision in
one eye without significant risk of loss or reduc—
tion of vision in the remaining eye, or where
there is constant double vision.                                 £15,250 to £25,000

Minor but permanent impairment of vision in
one eye, including cases where there is some
double vision, which may not be constant. £8,000 to £13,375

Minor Eye Injuries                                                             £2,500 to £5,600
Minor injuries, such as being struck in the eye
exposure to fumes including smoke, or being
splashed by liquids, causing initial pain and some
temporary interference with vision.

Transient Eye Injuries                                                      £1,400 to £2,500
Injured person will have recovered completely
within a few weeks.

Impairment of Taste and Smell

Total Loss of Taste and Smell                          In the region of £25,000

Total Loss of Smell and Significant Loss
Of Taste                                                                          £21,000 to £25,000

ln nearly all cases of loss of smell there is
some impairment of taste.
Such cases fall into the next bracket.

Loss of Smell                                                                £16,000 to £21,000

Loss of Taste                                                                £12,250 to £16,000

Deafness

‘Deafness’ is total and partial hearing loss.
Awards for hearing loss must regard the following:

(i) whether the injury is one that has an
immediate effect, allowing no opportunity
to adapt, or whether it occurred over a
period of time, as in noise exposure cases;

(ii) whether the injury or disability is one
which the injured person suffered at an
early age so that it has had or will have an
effect on his or her speech, or is one that is
suffered in later life;

(iii) whether the injury or disability affects
balance;

(iv) in cases of noise-induced hearing loss
(NIHL) age is of particular relevance as
noted in paragraph (d) below.

Total Deafness and Loss of Speech                       £70,000 to £90,000
Where deafness has occurred at an early age
so as to prevent or seriously to affect the
development of normal speech.

Total Deafness                                                             £58,000 to £70,000 Lower award is for cases where there is no
speech deficit or tinnitus. Higher award is
appropriate for cases involving both of these.

 

Total Loss of Hearing in One Ear                             £20,000 to £29,000
Higher award where there are associated
problems, such as tinnitus, dizziness or
headaches.

Partial Hearing Loss/Tinnitus
Resulting from exposure to noise over a prolonged
period. The disability is not judged simply by the
degree of hearing loss; there is often a degree of
tinnitus present. Age is particularly relevant
because impairment of hearing affects most people
in the fullness of time.

Severe tinnitus/hearing loss                                     £19,000 to £29,000
Moderate tinnitus/hearing loss                                   £9,500 to £19,000
Mild tinnitus with some hearing loss.                          £8,000 to £9,500
Slight or occasional tinnitus with slight
hearing loss.                                                                      £4,750 to £8,000

 

Injuries to Internal Organs

Injuries to Internal Organs

 

Chest Injuries

The majority of awards relate to industrial disease
as distinct from traumatic injury.
Cases of traumatic damage to, or loss of, a lung
are comparatively rare and the range is very
wide.

Awards will be affected by:

(i) age and gender;
(ii) scarring;
(iii) the effect on the capacity to work and
enjoy life;
(iv) the effect on life expectancy.

Worst case will be of total removal of
one lung and/or serious heart damage with
serious and prolonged pain and suffering and
permanent significant scarring.                                 £64,250 to £96,000

Traumatic injury to chest, lung(s) and/or heart
causing permanent damage, impairment of
function, physical disability and reduction of life
expectancy.                                                                    £42,000 to £64,250

Damage to chest and lung(s) causing some con-
tinuing disability.                                                           £20,000 to £35,000

Simple injury (such as a single
penetrating wound) causing some permanent
damage to tissue but with no significant long-
term effect on lung function.                                          £8,000 to £11,500

Toxic fume/smoke inhalation, leaving some re-
sidual damage, not serious enough to interfere
permanently with lung function.                                      £3,450 to £8,000

Injuries leading to collapsed lungs from which a
full and uncomplicated recovery is made.                    £1,400 to £3,450

Fractures of ribs or soft tissue injuries causing
serious pain and disability over a period of
weeks only.                                                                                 Up to £2,500

Lung Disease

Award for lung disease reflects
the prognosis for what is frequently a worsening
condition and/or the risk of the further developments.
Most of the reported cases are of asbestos-related
disease but, awards are intended to encompass all
other lung disease cases irrespective of causation.
In many cases provisional awards will be appropriate.
At the top end serious disabling consequences
will already be present and the prognosis is likely
to be relatively clear such an award may not be
appropriate. In some cases awards may be
enhanced where classifiable psychiatric illness
is present.

For a young person with serious disability where
there is a probability of progressive worsening
leading to premature death.                                       £64,250 to £86,500

Lung cancer (typically in an older person) caus-
ing severe pain and impairment both of function
and of quality of life. The duration of pain and
suffering is taken into account                                   £50,000 to £64,250

Disease, e.g. emphysema, causing significant
and worsening lung function and impairment of
breathing, prolonged and frequent coughing,
sleep disturbance and restriction of physical
activity and employment.                                             £35,000 to £50,000

Breathing difficulties (short of disabling breath-
lessness) requiring fairly frequent use of an
inhaler; where there is inability to tolerate a
smoky environment and an uncertain prognosis
but already significant effect on social and work-
ing life.                                                                             £20,000 to £35,000

Bronchitis and wheezing not causing serious
symptoms; little or no serious or permanent
effect on working or social life; varying levels of
anxiety about the future.                                               £13,250 to £20,000

Some slight breathlessness with no effect on
working life and the likelihood of substantial
and permanent recovery within a few years of the
exposure to the cause or the aggravation of an
existing condition.                                                           £6,750 to £13,250

Provisional awards which excludes any risk of
malignancy                                                                         £3,450 to £6,750

 

Temporary aggravation of bronchitis or other
chest problems resolving within a very few
months.                                                                               £1,400 to £3,450

Asbestos-related disease

Mesothelioma, lung cancer and asbestosis are the
most serious of these.

Mesothelioma
Causing severe pain and impair-
ment of both function and quality of life. The dur-
ation of pain and suffering accounts for vari-
ations of award. In cases of unusually short
periods of pain and suffering lasting three months
or so, an award in the region of £25,000 may be
made.                                                                              £52,500 to £81,500

Lung cancer                                                                  £50,000 to £64,250

Asbestosis
In the early stages the disease may
be symptomless but progresses to cause severe
breathlessness. Mobility is likely to become
seriously impaired and quality of life
reduced. Respiratory disability of between 10
and 20 per cent will probably attract an award in
the region of £45,000.                                                  £30,750 to £67,500

Pleural thickening, typically causing progressive              
symptoms of breathlessness by inhibiting expan-
sion of the lungs (the so-called cuirasse restric-
tion). Disease may gradually progress to cause
more serious respiratory disability.                          £24,500 to £50,000

Provisional awards for the least serious cases
excluding any risk of the development of
mesothelioma, lung or other cancer or asbestosis. £4,250 to £7,000

Asthma

Severe and permanent disabling asthma, causing
prolonged and regular coughing, disturbance of
sleep, severe impairment of physical activity and
enjoyment of life and affecting employment pros-
pects                                                                                £27,500 to £42,000

Chronic asthma
Causing breathing difficulties, the need to use an
inhaler from time to time and
restriction of employment prospects, with
uncertain prognosis.                                                    £16,750 to £27,500

Bronchitis and wheezing
Affecting working or social life, with the likelihood
of substantial recovery within a few years of the
exposure to the cause.                                                £12,250 to £16,750

Relatively mild asthma-like symptoms
As a result of exposure to harmful
irritating vapour.                                                               £6,750 to £12,250

Mild asthma, bronchitis, colds and chest prob-
lems (usually resulting from unfit housing or
similar exposure, particularly in cases of young
children) treated by a general practitioner and
resolving within a few months.                                               Up to £3,250

Reproductive System: Male

Impotence
Total impotence and loss of sexual func-
tion and sterility in the case of a young
man.                                                                        In the region of £95,000

Award will depend on:

(1) age;
(2) psychological reaction and the effect
on social and domestic life.

Impotence which is likely to be permanent,
in the case of a middle-aged man with
children.                                                                          £27,500 to £50,000

Sterility
Surgical or Chemical and disease
(which involve no traumatic injury or scarring)
and traumatic injuries (frequently caused by
assaults) which are often aggravated by scarring
.
Serious                                                                                     Up to £90,000
Older man about £12,000

Sterility without impotence and without any
aggravating features for
a young man without children.                                   £36,000 to £45,500

Family man who might have intended to have
more children. £15,250 to £20,000

Sterility amounts to little more than an ‘insult’. In the region of £4,250

Reproductive System: Female

Awards depend on:

(i) whether or not the affected woman
already has children and/or whether the
intended family was complete;
(ii) scarring;
(iii) depression or psychological scarring;
(iv) whether a foetus was aborted.

Infertility whether by reason of injury or disease,
with severe depression and anxiety, pain and
scarring.                                                                       £73,500 to £108,000

Infertility without any medical complication and
where the injured person already has children.
Higher end may be awarded where there is
significant psychological damage.                            £11,500 to £23,500

Infertility where the injured person would not
have had children in any event (for example,
because of age.                                                                 £4,250 to £8,000

Failed sterilisation leading to unwanted preg-
nancy where there is no serious psychological
impact or depression.                                            In the region of £6,500

Digestive System

The risk of associated damage to the reproductive
organs is frequently encountered in cases of this
nature and requires separate consideration.

Damage Resulting from Traumatic Injury

Severe damage with continuing pain and
discomfort,                                                                     £27,500 to £39,500

Serious non-penetrating injury causing
long-standing or permanent complica-
tions, for example, severe indigestion,
aggravated by physical strain.                                    £10,750 to £17,750

Penetrating stab wounds or industrial `
laceration or serious seat-belt pressure `
cases.   
                                                                               £4,250 to £8,000

Illness,Damage Resulting from Non-
traumatic Injury
, e.g. Food Poisoning

Severe toxicosis
Causing serious acute pain,
vomiting, diarrhoea and fever, requiring
hospital admission for some days or weeks
and some continuing incontinence, haem-
orrhoids and irritable bowel syndrome,
having a significant impact on ability to
work and enjoyment of life.                                         £24,500 to £33,500

Serious but short-lived food poisoning,
diarrhoea and vomiting diminishing over
two to four weeks with some remaining
discomfort and disturbance of bowel func-
tion and impact on sex life and enjoyment
of food over a few years.                                                £6,150 to £12,250

Food poisoning causing significant dis-
comfort, stomach cramps, alteration of
bowel function and fatigue. Hospital ad-
mission for some days with symptoms
lasting for a few weeks but complete
recovery within a year or two,                                          £2,500 to £6,150

Varying degrees of disabling pain, cramps
and diarrhoea continuing for some days or
weeks.                                                                                    £600 to £2,500

Kidney

Serious and permanent damage to or loss of both
kidneys.                                                                      £108,000 to £134,000

Significant risk of future urinary tract infection or
other total loss of natural kidney function.
Such cases will invariably carry with them sub-
stantial future medical expenses, which in this
field are particularly high.                                                      Up to £41,000

Loss of one kidney with no damage to the other    £19,750 to £27,500

Bowels

Total loss of natural function and dependence
on colostomy, depending on age.                                       Up to £96,000

Severe abdominal injury causing impairment of
function ,temporary coIostomy (leaving disfiguring
scars) and/or restriction on employment and on diet.

                                                                                          £28,500 to £44,500 Penetrating injuries causing some permanent
damage but with an eventual return to natural
function and control.                                                       £8,000 to £15,500

Bladder

Loss of bladder function have often been higher
than awards for injury to the bowels. This is
probably because bladder injuries frequently
result from carcinogenic exposure.

Complete loss of function and control                                Up to £90,000

Serious impairment of control with some pain
and incontinence.                                                         £41,000 to £51,000

Where there has been almost a complete
recovery but some fairly long-term interference
with natural function.                                                    £15,000 to £20,000

Cancer risk cases still occupy a special
category and can properly attract awards at the
top of the ranges even where natural function
continues for the time being. lf the prognosis
is firm and reliable the award will reflect any
loss of life expectancy, the level of continuing
pain and suffering and most significantly the
extent to which the injured person has to live
with the knowledge of the consequences which
his or her death will have for others.

Award for the middle-aged family man or woman
whose life expectancy is reduced by 15 or 20 years

                                                                                          £34,000 to £50,000

Spleen

Loss of spleen with continuing risk of internal
infection and disorders due to the damage to
the immune system.                                                    £13,250 to £16,750

Where the above risks are not present or are
minimal.                                                                              £2,750 to £5,500

Hernia

Continuing pain and/or limitation on physical
activities, sport or employment, after repair.              £9,500 to £15,400

Direct (where there was no pre-existing weak-
ness) inguinal hernia, with some risk of recur-
rence, after repair.                                                             £4,500 to £5,850

Uncomplicated indirect inguinal hernia, possibly
repaired, and with no other associated abdom-
inal injury or damage.                                                       £2,150 to £4,750

 

 

 

 

 

 

 

 

 

 

 

Injuries to Neck, Back and Limbs

Injuries to Neck, Back and Limbs

This section encompasses injuries to the following associated areas:

Neck Injuries

Many neck injuries are found in conjunction
with back and shoulder problems.

Severe
Neck injury associated with incomplete
paraplegia or resulting in permanent spas-
tic quadriparesis or where the injured
person, despite wearing a collar 24 hours a
day for a period of years, still has little or
no movement in the neck and suffers
severe headaches which have proved in-
tractable.                                                                In the region of £95,000

Injuries which give rise to disabilities
which are of considerable severity; for
example, permanent damage to the bra-
chial plexus.                                                                   £42,000 to £83,500

Injuries causing severe damage to soft tis-
sues and/or ruptured tendons with disability
of a permanent nature.
Award depends on the length of time during
which the most serious symptoms improve
and on the prognosis.                                         In the region of £35,000

Injuries such as fractures or dislocations
which cause severe immediate symptoms
and which may necessitate spinal fusion.
Impaired function or vulnerability to further
trauma, and some limitation of activities.                £16,000 to £21,000

Moderate
Whiplash or wrenching-type injury and disc
lesion of the more severe type resulting in
cervical spondylosis, serious limitation of
movement, permanent or recurring pain,
stiffness or discomfort and the possible need
for further surgery or increased vulnerability to
further trauma.                                                                 £8,750 to £16,000

Injuries which may have exacerbated or
accelerated some pre-existing unrelated
condition. Complete recovery or recovery
to ‘nuisance’ level from the effects of the
accident within a few years. Period of recovery
has been fairly protracted and where there
remains an vulnerability to further trauma.                   £5,000 to £8,750

 

Minor
Minor soft tissue and whiplash injuries where
symptoms are moderate:

(i) Full recovery takes place within
about two years;                                                                 £2,750 to £5,000

(ii) Full recovery between a few weeks
and a year.                                                                              £850 to £2,750

 

 

Back Injuries

Severe
Injury not involving paralysis but where there
may be very serious consequences not
normally found in cases of back injury,
such as impotence or double incontin-
ence.                                                                             £64,250 to £108,000

Cases which include impaired bladder and
bowel function, severe sexual difficulties
and unsightly scarring and the possibility
of future surgery.                                                   In the region of £52,000

Disc lesions or fractures of discs
or of vertebral bodies where, despite
treatment, there remain disabilities such as
continuing severe pain and discomfort,
impaired agility, impaired sexual function,
depression, personality change, alcohol-
ism, unemployability and the risk of arth-
ritis.                                                                                  £24,750 to £44,500

Moderate
Cases where any residual disability is of
less severity such as a crush fracture of
the lumbar vertebrae where there is a sub-
stantial risk of osteoarthritis and constant
pain and discomfort with impairment of
sexual function; that of a traumatic
spondylolisthesis with continuous pain
and a probability that spinal fusion will be
necessary; or that of a prolapsed inter-
vertebral disc with substantial acceleration
of back degeneration.                                                  £17,750 to £24,750

Disturbance of ligaments and muscles giving
rise to backache, soft tissue injuries resulting in
exacerbation of an existing back condition or
prolapsed discs necessitating laminectomy or
resulting in repeated relapses. Award dependent
upon the severity of the original injury and/or
whether there is some permanent or chronic disability.

                                                                                            £8,000 to £17,750

Minor
Strains, sprains, disc prolapses and soft tissue
injuries from which a full recovery or recovery to
`nuisance’ level has been made without surgery:

(i) within about five years; £5,000 to £8,000

(ii) within about two years. Up to £5,000

Return to top of page

Shoulder Injuries

Severe                                                                            £12,250 to £50,750
Often associated with neck injuries and involv-
ing damage to the brachial plexus resulting in
significant disability.

Serious                                                                             £8,100 to £12,250 Dislocation of the shoulder and damage to the
lower part of the brachial plexus causing pain in
shoulder and neck, aching in elbow, sensory
symptoms in the forearm and hand, and
weakness of grip or a fractured humerus leading
to restricted shoulder movement.

Moderate                                                                            £5,000 to £8,100
Frozen shoulder with limitation of movement
and discomfort with symptoms persisting for
about two years.

Minor
Soft tissue injury to shoulder with considerable
pain but almost complete recovery;

(i) in less than two years; £2,750 to £5,000

(ii) within a year. Up to £2,750

Fracture of Clavicle                                                          £3,250 to £7,750
Award will depend on extent of fracture, level of
disability, residual symptoms, and whether temporary
or permanent, and whether union is anatomically
displaced.

Injuries to Pelvis and Hip
Serious of injuries to the pelvis and hip
can be as devastating as a leg amputation and
accordingly will attract a similar award of dam-
ages. Upper limit will generally be in the region of
£42,000.

Severe
Extensive fractures of the pelvis involving,
for example, dislocation ofa low backjoint
and a ruptured bladder, or a hip injury
resulting in spondylolisthesis of a low back
joint with intolerable pain and necessitat-
ing spinal fusion with substantial residual
disabilities such as a complicated arthrodesis
with resulting lack of bladder and bowel
control, sexual dysfunction or hip deformity
making the use of a calliper essential; or may
present difficulties for natural delivery.                     £50,000 to £83,500
(ii) Injuries only a little less severe than in
(a)(i) above but with particular distin-
guishing features lifting them above any
lower bracket. Examples are: (a) fracture
dislocation of the pelvis involving both
ischial and pubic rami and resulting in
impotence; or (b) traumatic myositis ossi-
ficans with formation of ectopic bone
around the hip.                                                              £39,500 to £50,000
(iii) Many injuries fall within this bracket: a
fracture of the acetabulum leading to
degenerative changes and leg instability
requiring an osteotorny and the likelihood
of hip replacement surgery in the future;
the fracture of an arthritic femur or hip
necessitating hip replacement; or a
fracture resulting in a hip replacement
which is only partially successful so that
there is a clear risk of the need for revision
surgery.                                                                           £25,000 to £33,500

Moderate                                                                        £17,000 to £25,000
Significant injury to the pelvis or hip but any
permanent disability is not major and any future
risk not great.

Injuries of Limited Severity                                          £8,000 to £17,000
May involve hip replacement immediately or
in the foreseeable future.

Lesser Injuries
Despite significant injury there is little or no
residual disability                                                              £2,500 to £8,000

Minor injuries with complete recovery.                                 Up to £2,500

Return to top of page

Amputation of Arms

Loss of Both Arms                                                  £154,000 to £191,500
Injury reduces a person with full awareness to a
state of considerable helplessness.

Loss of One Arm
Arm Amputated at the Shoulder                            Not less than £87,500

Above-elbow Amputation                                           £70,000 to £83,500

A shorter stump may create difficulties in the use
of a prosthesis. This will make the level of the
award towards the top end of the bracket.
Amputation through the elbow will normally
produce an award at the bottom end of the
bracket.

Below-elbow Amputation                                          £61,500 to £70,000
Amputation through the forearm with residual
severe organic and phantom pains would attract
an award at the top end of the bracket.

Award depends upon:
(i) whether the amputation is above or below
the elbow. The loss of the additional joint
adds greatly to the disability;
(ii) whether or not the amputation was of the
dominant arm;
(iii) the intensity of any phantom pains.

Return to top of page

Other Arm Injuries

Severe Injuries                                                             £61,500 to £83,500
Injuries which fall short of amputation but
which are extremely serious and leave the injured
person little better off than if the arm had been
lost;

Injuries resulting in Permanent and
Substantial Disablement                                            £25,000 to £38,250
Serious fractures of one or both forearms where
there is significant permanent residual disability
whether functional or cosmetic.

Less Severe Injury                                                       £12,250 to £25,000
Significant disabilities, a substantial degree of
recovery will have taken place or will be expected.

Simple Fractures of the Forearm                               £4,250 to £12,250
Uncomplicated fractures of the radius and/or
ulna with a complete recovery within a short
time would justify an award in the region of
£4,000. Injuries resulting in modest residual
disability or deformity would merit an award
towards the upper end.

Return to top of page

Injuries to the Elbow

Severely Disabling Injury                                            £25,000 to £35,000

Less Severe Injuries                                                   £10,000 to £20,500
Injuries causing impairment of function but not
involving major surgery or significant disability.

Moderate or Minor Injury                                                        Up to £8,000
Simple fractures, tennis elbow syn-
drome and lacerations with no permanent damage
and do not result in any permanent impairment of
function.

Return to top of page

Wrist Injuries

Complete loss of function in the wrist, for example,
where an arthrodesis has been performed.           £30,500 to £38,250

Injury resulting in significant permanent disabil-
ity, but where some useful movement remains.    £15,750 to £25,000

Less severe injuries where these still result in `
some permanent disability as, for example, a
degree of persisting pain and stiffness.                     £8,000 to £15,750

An uncomplicated Colles’ fracture.                     In the region of £4,750

Very minor undisplaced or minimally displaced
fractures and soft tissue injuries needing
application of plaster or bandage for a matter
of weeks and a full or virtual recovery within a
matter of months.                                                              £2,250 to £3,000

Where recovery from fracture or soft tissue
injury takes longer but is complete                                        Up to £6,500

Return to top of page

Hand Injuries

Cosmetically and functionally the most important
component parts of the upper limbs. The loss of a
hand is valued similarly to loss of the arm itself
The upper end of any awareded where the
injury is to the dominant hand.

Total or Effective Loss of Both Hands                  £90,000 to £129,000
Serious injury resulting in extensive damage to
both hands rendering them useless award of
£85,000 or more. Top award where
no effective prosthesis can be used.

Serious Damage to Both Hands                               £35,000 to £54,000
Permanent cosmetic disability and significant
loss of function.

Total or Effective Loss of One Hand                        £61,500 to £70,000
Crushed and thereafter surgically amputated or
where all fingers and most of the palm
have been traumatically amputated. Upper award
is where the hand damaged was the dominant one.

Amputation of Index and Middle and/or
Ring Fingers                                                                  £39,500 to £58,000
The hand will have been rendered of very little
use and such grip as remains will be exceedingly
weak.

Serious Hand Injuries                                                 £18,500 to £39,500
Reduction of use of hand to about 50 per cent
capacity. This includes cases where several fingers
have been amputated but rejoined to the hand
leaving it clawed, clumsy and unsightly, or amput-
ation of some fingers together with part of the palm
resulting in gross diminution of grip and dexter-
ity and gross cosmetic disfigurement.

Less Serious Hand Injury                                             £9,250 to £18,500
Severe crush injury resulting in signifi-
cantly impaired function without future surgery
or despite operative treatment undergone.

Moderate Hand Injury                                                      £4,000 to £8,500
Crush injuries, penetrating wounds, soft tissue
type and deep lacerations. The top of the bracket
would be appropriate where surgery has failed
and permanent disability remains.

Minor Hand Injuries                                                             £600 to £2,750
Injuries similar to but less serious than above
with recovery within a few months.

Severe Fractures to Fingers                                               Up to £23,500
May lead to partial amputations and result
in deformity, impairment of grip, reduced mech-
anical function and disturbed sensation.

Total Loss of Index Finger                                 In the region of £12,000

Partial Loss of Index Finger                                        £7,750 to £12,000
Injury to the index finger giving rise to disfigure-
ment and impairment of grip or dexterity.

Fracture of Index Finger                                                  £5,850 to £7,750
Where a fracture has mended quickly but grip has
remained impaired, pain on heavy use and
osteoarthritis is likely in due course.

Total Loss of Middle Finger                               In the region of £10,000

Serious Injury to Ring or Middle Fingers                   £9,500 to £10,500
Fractures or serious injury to tendons causing
stiffness, deformity and permanent loss of grip
or dexterity will fall within this bracket.

Loss of the Terminal Phalanx of the Ring
or Middle Fingers                                                              £2,500 to £5,000

Amputation of Little Finger                                             £5,500 to £7,750

Loss of Part of the Little Finger                                     £2,500 to £3,750
Appropriate where the remaining tip is
sensitive.

Amputation of Ring and Little Fingers            In the region of £14,000

Amputation of the Terminal Phalanges of
the Index and Middle Fingers                            In the region of £16,000
Involves scarring, restriction of movement and
impairment of grip and fine handling.

Fracture of One Finger                                                    £1,900 to £3,000
Depending upon recovery time.

Loss of Thumb                                                              £22,750 to £35,000

Very Serious Injury to Thumb                                   £12,500 to £22,500
Where the thumb has been severed at the base
and grafted back leaving a virtually useless and
deformed digit, or where the thumb has been
]amputated through the interphalangeal joint.

Serious Injury to the Thumb                                        £8,000 to £10,750
May involve amputation of the tip, nerve damage
or fracture necessitating the insertion of wires as a
result of which the thumb is cold and ultra-sensitive
and there is impaired grip and loss of manual
dexterity.

Moderate Injuries to the Thumb                                    £6,150 to £8,000
These are injuries such as those necessitating
arthrodesis of the interphalangeal joint or caus-
ing damage to tendons or nerves, Such injuries
result in impairment of sensation and function
and cosmetic deformity

Severe Dislocation of the Thumb                                 £2,500 to £4,300

Minor Injuries to the Thumb In the region of £2,500
Such as a fracture which has recovered in six
months except for residual stiffness and some
discomfort.

Trivial Thumb Injuries                                           In the region of £1,400
Severe pain for a very short time but will have
resolved within a few months.

Return to top of page

Vibration White Finger (VWF) and/or Hand-Arm Vibration Syndrome (HAVS)

Vibration White Finger and/or hand-Arm
Vibration Syndrome, caused by exposure to
vibration, is a slowly progressive condition, the
development and severity of which are affected
by the degree of exposure, in particular the mag-
nitude, frequency, duration and transmission of
the vibration.

Severe case, the injury may be regarded as
damaging a hand rather than being confined to
the fingers:
Most Serious                                                                 £20,250 to £24,500 Serious                                                                           £10,750 to £20,250
Moderate                                                                          £5,500 to £10,750

Minor                                                                                    £1,900 to £5,500

Return to top of page

Work-related Upper Limb Disorders

Tenosynovitis: inflammation of synovial sheaths
of tendons usually resolving with rest over a short
period. Sometimes this condition leads to con-
tinuing symptoms of loss of grip and dexterity.

De Quervain’s tenos novitis: a form of
tenosynovitis, rarely bilateral, involving inflam-
mation of the tendons of the thumb.

Stenosing tenosynovitis: otherwise, trigger
finger/thumb: thickening tendons.

Carpal tunnel syndrome: constriction of the
median nerve of the wrist or thickening of
surrounding tissue. lt is often relieved by a
decompression operation.

Epicondylitis: inflammation in the elbow joint:
medial = golfer's elbow; lateral = tennis elbow.

Award is affected by the following considerations
regardless of the precise condition:

(i) are the effects bilateral or one sided?
(ii) the level of symptoms, i.e., pain, swelling,
tenderness, crepitus;
(iii) the ability to work;
(iv) the capacity to avoid the recurrence of
symptoms;
(v) surgery

Continuing bilateral disability with surgery and
loss of employment.                                                     £14,000 to £14,750

Continuing, but fluctuating and unilateral
symptoms.                                                                        £9,500 to £10,500

Symptoms resolving in the course of two
years.                                                                                   £5,500 to £6,150

Complete recovery within a short period.                     £1,400 to £2,250

Return to top of page

Leg Injuries

Amputations

Total Loss of Both Legs                                         £154,000 to £180,000

This is the appropriate award where both
legs are lost above the knee and particularly
if near to the hip leaving one or both
stumps less than adequate to accommod-
ate a useful prosthesis.

Below-knee Amputation of Both Legs               £128,500 to £172,500
Appropriate where both legs are amputated
just below the knee. Amputations lower down
result in a lower award,

Above-knee Amputation of One Leg                       £61,500 to £90,000
Award will depend upon such factors as the level
of the amputation the severity of phantom pains;
whether or not there have been any problems with
a prosthesis and any side effects such as
depression or backache.

Below-knee Amputation of One Leg                       £58,500 to £83,500
Straightforward case of a below-knee
amputation with no complications would
justify an award at the bottom of this
bracket. At the top end of the range
would come the traumatic amputation
which occurs in a devastating accident,
where the injured person remained fully
conscious, or cases where attempts to save
the leg led to numerous unsuccessful oper-
ations so that amputation occurred years
after the event.

Severe Leg Injuries
Most Serious Injuries Short of Amputation           £61,500 to £86,500
So severe that the courts have awarded damages
at a comparable level as that for amputation.
Includes extensive degloving of the leg, where there
is gross shortening of the leg or where fractures
have not united and extensive bone grafting
has been undertaken.

Very Serious                                                                 £35,000 to £54,000
Permanent problems with mobility, the need for
crutches for the remainder of the injured person’s
life; injuries where multiple fractures have taken
years to heal and have led to serious deformity and
imitation of movement, or where arthritis has
developed in a joint so that further surgical treatment
is likely.

Serious                                                                           £25,000 to £35,000
Serious injuries to joints or ligaments
resulting in instability, prolonged treat-
ment, a lengthy period of non-weight-
bearing, the near certainty that arthritis
will ensue; injuries involving the hip,
requiring arthrodesis or hip replacement,
extensive scarring.

Moderate                                                                       £17,750 to £25,000
Severe, complicated or multiple fractures.
Award within the bracket will be influenced by the
period off work; the presence or risk of degener-
ative changes; imperfect union of fractures, muscle
wasting; limited joint movements; instability in the
knee; unsightly scarring or permanently increased
vulnerability to future damage.

Less Serious Leg Injuries
Fractures from which an Incomplete Recovery is
made                                         
                                      £11,500 to £17,750
Injured person will be left with a metal
implant and/or defective gait, a limp,
impaired mobility, sensory loss, discom-
fort or an exacerbation of a pre-existing
disability.
Simple Fracture of a Femur with No Damage to
Articular Surfaces                                                            £5,750 to £9,000
Simple Fractures and Soft Tissue Injuries                        Up to £5,750
Awards will take into account:

(iv) the capacity to avoid the recurrence of
symptoms;
(v) surgery

Continuing bilateral disability with surgery and
loss of employment.                                                     £14,000 to £14,750

Continuing, but fluctuating and unilateral
symptoms.                                                                        £9,500 to £10,500

Symptoms resolving in the course of two
years.                                                                                   £5,500 to £6,150

Complete recovery within a short period.                     £1,400 to £2,250

Below this level is a wide variety of soft tissue
injuries, lacerations, cuts, bruising or con-
tusions, all of which have recovered com-
pletely or almost so and any residual
disability is cosmetic or of a minor nature.

Return to top of page

Knee Injuries

Severe
Serious knee injury where there has been
disruption of the joint, gross ligamentous
damage, lengthy treatment, considerable
pain and loss of function and an arthro-
desis or arthroplasty has taken place or is
inevitable.                                                                       £44,500 to £61,500

Leg fracture extending into the knee joint -
causing pain which is constant, perman-
ent, limiting movement or impairing
agility and rendering the injured person
prone to osteoarthritis and the risk of
arthroplasty.                                                                   £33,250 to £44,500

Less severe injuries which result in less
severe disability. May be continuing
symptoms by way of pain and discomfort
and limitation of movement or instability
or deformity with the risk that degen-
erative changes may occur in the long term
as a result of damage to the kneecap,
ligamentous or meniscal injury or muscu-
lar wasting.                                                                    £17,000 to £27,500

Moderate
Dislocation, torn cartilage or meniscus or
which accelerate symptoms from a pre-existing
condition but which additionally result in minor
instability, wasting, weakness or other
mild future disability.                                                      £9,500 to £17,000

Less serious, lacerations, twisting or bruising
injuries. Where recovery has been complete the
award is unlikely to exceed £3,750. Where
there is continuous aching or discomfort,
or occasional pain, the award will be
towards the upper end of the bracket.                                  Up to £8,750

Return to top of page

Ankle Injuries

Majority of ankle injuries are worth
significantly less than £15,000.

Very Severe                                                                  £32,000 to £44,500
Transmalleolar fracture of the ankle with extens-
ive soft-tissue damage resulting in deformity and
the risk that any future injury to the leg might
necessitate a below-knee amputation, or cases of
bilateral ankle fractures causing degeneration of
the joints at a young age so that arthrodesis is
necessary.

Severe                                                                            £20,000 to £32,000
Extensive period of treatment and/or a lengthy
period in plaster or where pins and plates have
been inserted and there is significant residual
disability in the form of ankle instability, severely
limiited ability to walk. The level of the award within the bracket
will be determined in part by such features as a
failed arthrodesis, regular sleep disturbance, un-
sightly scarring and any need to wear special
footwear.

Moderate                                                                          £8,500 to £17,000
Fractures, ligamentous tears and the like which
give rise to less serious disabilities such as dif-
ficulty in walking on uneven ground, awkward-
ness on stairs, irritation from metal plates and
residual scarring.

Modest Injuries                                                                         Up to £8,750
Less serious, minor or undisplaced fractures,
sprains and ligamentous injuries. Award deter-
mined by whether or not a complete recovery
has been made and, if recovery is incomplete,
whether there is any tendency for the ankle to give
way, and whether there is scarring, aching or discom-
fort or the possibility of later osteoarthritis.
Where recovery is within a year, the award is
unlikely to exceed £3,500.

Achilles Tendon

Most Serious                                                        In the region of £24,500
Severance of the tendon and the peroneus
longus muscle giving rise to cramp, swelling
And restricted ankle movement necessitating
The cessation of active sports.

Serious                                                                           £16,000 to £19,250
Where complete division of the tendon has been
successfully repaired but there is residual weak-
ness, a limitation of ankle movements, a limp and
residual scarring and where further improvement
is unlikely.

Moderate                                                                          £9,500 to £11,500
Complete division of the tendon but where its
repair has left no significant functional disability.

Minor                                                                                    £4,750 to £6,400
Turning of the ankle resulting in some damage
to the tendon and a feeling of being unsure of
ankle support.

Return to top of page

Foot Injuries

Amputation of Both Feet                                        £108,000 to £128,500
Treated similarly to below-knee
amputation of both legs because the common
feature is loss of a useful ankle joint.

Amputation of One Foot                                              £53,500 to £70,000
Treated as similar to a below-
knee amputation because of the loss of the ankle
joint.

Very Severe                                                                  £53,500 to £70,000
Injury must produce permanent and severe pain or
serious permanent disability. Examples would
include the traumatic amputation of the forefoot
where there was a significant risk of the need for
a full amputation and serious exacerbation of an
existing back problem, or cases of the loss of a
substantial portion of the heel so that mobility
was grossly restricted.

Severe                                                                            £29,250 to £43,000
Fractures of both heels or feet with a substantial
restriction on mobility or considerable or per-
manent pain. Will also include unusually severe
injury to a single foot resulting, for example, in heel
fusion, osteoporosis, ulceration or other disability
preventing the wearing of ordinary shoes. It will also
apply in the case of a drop foot deformity corrected
by a brace.

Serious                                                                           £16,000 to £25,000
Top end award for grievous burns to both feet
requiring multiple operations and leaving disfiguring
scars and persistent irritation. At the lower end of
the bracket would be those injuries less severe than
in (d) above but leading to fusion of foot joints,
continuing pain from traumatic arthritis,
prolonged treatment and the future risk of
osteoarthritis.

Moderate                                                                         £8,750 to £16,000
Displaced metatarsal fractures resulting in per-
manent deformity and continuing symptoms.

Modest                                                                                        Up to £8,750
Simple metatarsal fractures, ruptured ligaments, .
puncture wounds and the like. Where there are
continuing symptoms, such as a permanent
limp, pain or aching, awards between £4,250 and
£8,750 would be appropriate. Straightforward
foot injuries such as fractures, lacerations, con-
tusions etc. from which complete or near com-
plete recovery is made would justify awards of
£4,250 or less.

Return to top of page

Toe Injuries

Amputation of All Toes                                               £23,250 to £36,000
Award determined by, for example, whether or not
The amputation was traumatic or surgical and the
extent of the loss of the forefoot together with
the residual effects on mobility.

Amputation of the Great Toe                            In the region of £20,000

Severe Toe Injuries                                                        £8,750 to £12,250
Severe crush injuries, falling short of the need
for amputation or necessitating only partial amp-
utation. Includes bursting wounds and injuries
resulting in severe damage and in any event
producing significant continuing symptoms.

Serious Toe Injuries                                                         £6,150 to £8,750 Serious injuries to the great toe or crush and
multiple fractures of two or more toes. There will be
some permanent disability by way of discomfort,
pain or sensitive scarring to justify an award within
this bracket. Where unsuccessful operations or
persisting stabbing pains, impaired gait or the like
the award will tend towards the top end of the bracket.

Moderate Toe Injuries                                                             Up to £6,150
Straightforward fractures or the exacerbation of a
pre-existing degenerative condition. Only £3,500 or
less would be awarded for straightforward fractures
of one or more toes with complete resolution
within a short period of time and less still for
minor injuries involving lacerations, cuts, con-
tusions and bruises, in respect of all of which
there would have been a complete or near
complete recovery.
 

Facial Injuries

Facial Injuries

 

Skeletal involving an element of disfigurement or
at least some cosmetic effect.
Cosmetic with a distinction between the awards
of damages to males and females, the latter
attracting the higher awards.
Disfigurement there may also be
severe psychological reactions.
Burns of any degree of severity are par-
ticularly painful and disfiguring, and awards are
invariably at the upper end or above them
altogether where a variety of continuing
physical and psychological injuries merit
very high awards.

Skeletal Injuries

Fractures (Le Fort fractures) of Frontal
Facial Bones                                                                 £15,250 to £23,500

Multiple Fractures of Facial Bones                            £9,500 to £15,250
Some facial deformity of a permanent
nature.

Fractures of Nose or Nasal Complex
Serious or multiple fractures requiring a
number of operations and/or resulting in
permanent damage to airways and/or
nerves or tear ducts and/or facial deform-
ity.                                                                                       £6,750 to £14,750

Displaced fracture where recovery com-
plete but only after surgery.                                              £2,500 to £3,250

Displaced fracture requiring no more than
manipulation.                                                                     £1,600 to £2,000

Simple undisplaced fracture with full re-
covery.                                                                                  £1,100 to £1,600

Fractures of Cheekbones
Serious fractures requiring surgery but
with lasting consequences such as par-
aesthesia in the cheeks or the lips or some
element of disfigurement.                                             £6,500 to £10,100

Simple fracture of cheekbones for which
some reconstructive surgery is necessary
but from which there is a complete recov-
ery with no or only minimal cosmetic
effects.                                                                                £2,750 to£24,100

Simple fracture of cheekbone for which no
surgery is required and where a complete
recovery is effected.                                                           £1,500 to £1,900

Fractures of Jaws
Very serious multiple fractures followed by
prolonged treatment and permanent con-
sequences, including severe pain, restric-
tion in eating, paraesthesia and/or the risk
ofarthritis in the joints.                                                  £19,500 to £29,000

Serious fracture with permanent conse-
quences such as difficulty in opening the
mouth or with eating or where there is
paraesthesia in the area of the jaw.                          £11,500 to £19,500

Simple fracture requiring immobilisation
but from which recovery is complete.                            £4,100 to £5,600

Damage to Teeth
Generally have been a course of treatment as
a result of the initial injury. Awards will vary accord-
ing to the extent and/or the degree of discomfort of
such treatment. Any difficulty with eating increases
the award, These cases may overlap with fractures
of the jaw, meriting awards in the brackets for such
fractures. Awards may be greater where the damage
results in or is caused by protracted dentistry.

Loss of or serious damage to several front
teeth.                                                                                    £5,600 to £7,250

Loss of or serious damage to two front
teeth.                                                                                    £2,750 to £4,850

Loss of or serious damage to one front
tooth.                                                                                    £1,400 to £2,500

Loss of or damage to back teeth: per tooth:                    £700 to £1,100

Facial Disfigurement
Larger awards than those
indicated may be justified if there have been
many operations.

Females
Very Severe Scarring                                                 £31,000 to £62,000

In a relatively young woman (teens to early
30s) where the cosmetic effect is very
disfiguring and the psychological reaction
severe.

Less Severe Scarring                                                 £19,250 to £31,000
Where disfigurement is still substantial
and where there is a significant psycholo-
gical reaction.

Significant Scarring                                                    £11,500 to £19,250
Where effects have been or will be reduced
by plastic surgery leaving some cosmetic disability
and where the psychological reaction is not great
or, having been considerable at the outset, has
diminished to relatively minor proportions.

Less Significant Scarring                                               £2,500 to £8,750
One scar which can be camouflaged or, though
there is a number of very small scars, the
overall effect is to mar but not markedly to
affect the appearance

Trivial Scarring                                                                  £1,100 to £2,200
Effect is minor only

Males
Very Severe Scarring                                                 £19,000 to £42,000

These are to be found especially in males
under 30, where there is permanent dis-
figurement even after plastic surgery and a
considerable element of psychological re-
action.

Less Severe Scarring                                                 £11,500 to £19,000
Moderate to severe permanent disfigurement.

Significant Scarring                                                       £5,850 to £11,500
Scars will remain visible at conversa-
tional distances.

Less Significant Scarring                                               £2,500 to £5,850
Not prominent except on close inspection.

Trivial Scarring                                                                 £1,100 to £2,200
Effect is minor only.

 

 

Scarring

Scarring

 

Scarring to other parts of the body
Principles are the same as those applied to
cases of facial disfigurement and some
element of disfigurement taken into account.
Where disfigurement is the predominant one
in the assessment of damages.
Where scarring is not to the face or is not
visible then the awards will tend to be
lower than those for facial or readily visible
disfigurement.
Awards for a number of noticeable laceration scars
or a single disfiguring scar, of leg(s) or arm(s) or
hand(s) or back or chest (male),                                    £4,750 to £9,000
Where an exploratory laparotomy has
been performed but no significant internal injury
has been found, the award for the operation and
the inevitable scar is                                              In the region of £5,500

Single noticeable scar, or several superficial
scars, of leg(s) or arm(s) or hand(s), with some
minor cosmetic deficit justifies                                       £1,500 to £2,500

 

Damage to Hair

Damage to Hair
 

 

Damage to hair in consequence of defective
permanent waving, tinting or the like, where the
effects are dermatitis or tingling or ‘burning’ of
the scalp causing dry, brittle hair, which breaks
off and/or falls out, leading to distress, depress-
ion, embarrassment and loss of confidence, and
inhibiting social life. In the more serious cases
thinning continues and the prospects of regrowth
are poor or there has been total loss of areas of
hair and regrowth is slow.                                               £4,650 to £7,000

There may be a larger award in cases of psycho-
logical disability.

Less serious versions of the above where symp-
toms are fewer or only of a minor character; also,
cases where hair has been pulled out leaving bald
patches. The level of the award will depend on the
length of time taken before regrowth occurs.               £2,500 to £4,650

 

 

Dermatitis

Dermatitis

Apart from dermatitis of the scalp (see Section 9
Damage to Hair), Most of the reported cases relate
to dermatitis of the hands.

Dermatitis of both hands, with cracking and
soreness, affecting employment and domestic
capability, possibly with some psychological
consequences, lasting for some years, perhaps
indefinitely                                                                         £8,750 to £12,250

Dermatitis of both hands, continuing for a
significant period, but settling with treatment
and/or use of gloves for specific tasks.                         £5,500 to £7,250

Itching, irritation of and/or rashes on one or both
hands, but resolving within a few months with
treatment.                                                                            £1,100 to £2,500

 

Interactive Compensation Image

General Accident Advice
It is a surprising fact that thousands of unfortunate accident victims do not claim compensation.

This may be for a number of reasons such as being unaware of the legal entitlements for accident victims, or that instructing a solicitor could be costly.

Accident Compensation is designed to try and allay those concerns. All network solicitors operate on a “no win no fee” basis. However an initial cost for the insurance policy is required, your solicitor will be able to give you details.

What am I entitled
to?  Typical compensation claims for
common accident injuries:


















typical compensation claims for common accident injuries

Frequently Asked Questions

Personal Injury Claims – Frequently Asked Questions

At JMS Solicitors in Manchester we provide a claim service which is both swift and efficient. Our website has been designed to assist you in understanding the claims process, and contains our most frequently asked questions. However, if you have any further questions, you may email, call or fax us. Our phone number for enquiries is Freephone 0800 781 7057.


 

Do I really not have to pay anything?
How does the No-Win No-Fee Agreement work?
How long will the claim take?
How long do I have to make a compensation claim?
What can I claim?
How much will I get for my personal injury claim?
 

Do I really not have to pay anything?

When you contact us at the outset, we will discuss your case with you and advise you of the likely prospects of success. Once we have agreed to take your case on, you will not pay our legal costs, win or lose.

How does the No-Win No-Fee Agreement work?

Like all your other expenses, legal fees form part and parcel of your claim. The general rule is that the losers always pay the winner’s legal costs. If you win your claim, legal costs will be paid by the other side's insurance company.

Because of this rule, you will receive 100% of your compensation. On the other hand, if you lose your claim, we will close our file and you will not have to pay our legal costs.

If the other side's insurers refuse to admit liability for the accident or refuse to make a reasonable offer for your injury, we may wish to issue proceedings against the other side in view of obtaining a court order.

Once proceedings are issued, the other side will incur their own legal costs. If you win your claim at court, the other side will not be able to recover their legal costs. The loser always pays the winner’s legal costs, but if you lose your claim, your insurance company will be required to pay the other side for you. If you do not have legal expense insurance, we can arrange this after the accident. Payment of the premium will only become payable at the conclusion of your claim. If you lose your claim, the policy will pay its own premium and the other side's legal costs.

Therefore, win or lose, you will not have to pay anything! You can rest assured that it really is No Win No Fee.

How long will the claim take?

Each claim is unique and the length of time it takes to resolve your claim depends entirely on the circumstances of your accident. However, at JMS Solicitors we aim to conclude your claim as swiftly as possible. Your solicitor will provide you with their direct telephone number so that you can contact them whenever you require an update on developments. We believe that by being as proactive as possible and progressing your case as quickly as possible, we are giving you the very best service possible.

How long do I have to make a compensation claim?

In general, you have three years from the date of the accident to make a claim. However, if the accident happened before your 18th birthday, you have three years from the date you turn 18 to bring a claim or to formally issue legal proceedings. We advise that you bring your claim as soon as possible so that evidence and statements may be gathered while the incident is still fresh in your mind and the minds of witnesses.

What can I claim?

You can claim a refund for all your expenses incurred as a result of the accident. The compensation process is designed to put you financially in the position you were prior to the accident.

You can also claim compensation for your pain, suffering and medical treatment following the accident.

How much will I get for my personal injury claim?

Here is a sample of awards made. For a more detailed breakdown see How Much Will I Get For My Injury?

It is almost impossible to put a value on a personal injury claim without medical evidence, but we can provide a summary of common awards, which illustrate the kind of compensation payments made in 2008(Figures supplied by the JSB).

INJURY RECOVERY PERIOD/SEVERITY COMPENSATION AWARDED
Whiplash 1 month £850.00
Whiplash 12 month £2,750.00
Whiplash 24 month £5,000.00
Whiplash Permanent Injury £8,750.00-£16,000.00
Fractured Collarbone 12-18 months £3,500.00
Fractured Wrist 2 years £6,500.00
Fractured Sternum 2 years £3,000.00
Fractured Ankle 12 months £3,500.00
Fractured Ankle Modest £8,750.00
Fractured Toe Moderate £6,150.00
Loss of One Arm Below Elbow £70,000.00
Loss of One Arm Above Elbow £83,500.00
Loss of One Arm At Shoulder £87,500.00
Loss of Both Arms   £191,500.00
Amputation of One Leg Below Knee £83,500.00
Amputation of One Leg Above Knee £90,000.00
Amputation of Both Legs Below Knee £172,500.00
Amputation of Both Legs Above Knee £180,000.00
PTSD Minor £5,250.00
PTSD Moderate £14,825.00
PTSD Moderately Severe £37,000.00
PTSD Severe £64,250.00
Simple Leg Fracture 2 years £5,750.00
Damage to Teeth Back/Front £700.00-£7,250.00
Damage to Hair Minor-Serious £2,500.00-£7,000.00
Dermatitis Minor-Permanent £1,100.00-£12,250.00
Work-related Upper Limb Disorder Up to 24 months £1,400.00-£6,150.00
Noise Induced Hearing Loss Slight - Moderate £4,750.00-£19,000
Vibration White Finger/HAVS Minor £5,500.00

* PTSD (Post Traumatic Stress Disorder) is a clinically recognised psychological reaction to a stressful or shocking situation. If this is confirmed by a psychologist then we can claim compensation for it.

Personal Injury Case Studies

Personal Injury Case Studies - Success Stories

At JMS Solicitors we are proud of the many different personal injury cases we have accepted, often where other solicitors have refused to take the case, where they thought the risk of losing was too great. Below are just some of the many successful cases we are proud to have won!

Mr W Mr W had been checking pallets at work when a fork lift ran into his right heel causing a fracture This was a serious injury and he required surgery and a plaster cast to his foot. Our client was unable to return to his normal job and returned to his employer to do an office based job. However, due to being made redundant from this position after a short period of time, Mr W decided to retrain and attended a college course. After much negotiation , Mr W was happy with over £41,000 compensation for his injury, past and future loss of earnings and also payment of his course fees.

 

Mrs G – Employer’s Liability We were instructed by a 47 year old lady who was employed as a delivery driver to deliver fruit and vegetables to different companies. On one particular day, she was making her usual deliveries and was taking a box of fruit to a restaurant. To make the delivery she had to descend a flight of stairs carrying the fruit. Unfortunately, the box gave way at the top step, and the fruit fell onto the stairs causing her to trip and fall down the stairs. It was found that the box was in a defective condition as there was a large hole in its base which had simply been covered with brown paper. Our client suffered from injury to her left arm, right leg as well as a serious back injury. As a result of the accident our client had to have treatment at hospital. Despite a complex legal battle we were very pleased to obtain just over £66,000 in compensation for Mrs G.

 

Mr K – Road Traffic Accident We acted for a 35 year old passenger in a car that was travelling along a main road when another vehicle drove into the rear of the car. He suffered whiplash and flashbacks to the accident. JMS managed to negotiate a settlement of £4,000 compensation for Mr K, and a referral for Cognitive Behavioural Therapy.

 

Miss C – Employer’s Liability Miss C was an air stewardess for a well known airline. Whilst on duty she tripped and suffered a severe injury to her ankle. JMS successfully recovered compensation, loss of earnings and interest on bank loans of nearly £25,000.

 

Miss K Miss K (aged 4) caught her finger in the hinged edge of a door in her family home. The house was a new build by one of the best known builders. As it is 3 storeys, in order to meet building regulations the house is fitted with fire doors with automatic closing devices fitted. The devices were too powerful and made the doors close too quickly – meaning Miss K needed stitches to repair her finger. JMS Solicitors brought a case against the builders and obtained an out of court settlement of which has been paid into court until she is 18.

 

Mrs L – Tripping Accident in Retail Outlet Mrs L is a 61 year old who walks with the aid of crutches. She was walking down the aisle of a well known DIY store when she slipped on a sticky liquid and fell heavily to her knees. The DIY store’s solicitors argued that they could not be held responsible for the spillage as it would have been impossible to keep the store floor clear of any spillages at all times. Despite a complex legal battle JMS won the case and Mrs L was awarded £4,000 in compensation.

 

Mr B – Employer’s Liability Mr B was employed by a Mental Health hospital when he was attacked by one of the mental health patients. He attended hospital but thankfully was not too badly hurt – he returned to work shortly after. JMS successfully recovered £3,500.00 for his injuries.

 

Mr G – Public Liability We were instructed on behalf of our 50 year old client. Mr G was driving out of the car park to his apartment when the exit barrier suddenly crashed down through the front windscreen of his vehicle. He suffered facial and head injuries as a result of the defective barrier. The local council was found to be responsible and had no option but to settle the claim and to pay full compensation to Mr G.

 

Mr L – Industrial Deafness JMS Solicitors was approached by the son of an 86 year old man a few months prior to his claim deadline for industrial deafness due to long term employment at rubber and other noisy production lines during the 1960’s through to the 1980’s. Mr L was unable to communicate in English and due to the lapse of time could not remember all the details of his working conditions. At first it seemed like an impossible task to locate his previous employers and their insurers as over time the companies and insurers have been sold or merged, with several name changes. As JMS never shy away from a challenge, our staff spent many hours researching the British archives, Companies House, and old manufacturing equipment used. We were able to locate the various changed employers and their individual insurers and settle our elderly client’s claim successfully. JMS has numerous ongoing Industrial deafness matters and to-date has a 100% success rate.

 

Miss P – Employer’s Liability Our Miss P was a retail assistant and was carrying some cooked food down some steps when she slipped on the greasy floor. Miss P suffered from a painful back injury, as well as injuries to her head and elbow. She had to attend hospital and physiotherapy sessions as a result of her injuries and has recently been awarded £6000 for her injury. The case is ongoing and we are currently working hard to ensure that she receives her full entitlement for care and assistance and loss of earnings.

 

Master W – Public Liability During a swimming trip with his sister, our client, an 8 year old boy, was walking along the tiled poolside. As he walked along the side of the pool towards where his sister was sitting he sliced the underside of his big toe on the cracked and sunken tiles. JMS Solicitors was pleased to recover the sum of £1,250.00 compensation on his behalf.

 

Mr R – Road Traffic Accident A 17 year old male was the passenger in a motor vehicle which was involved a serious accident. The driver drove the vehicle into a wall and our client was thrown through the windscreen. As a result of the accident Mr R had to be cut from the vehicle. Our client was taken to hospital and admitted to intensive care until he had made sufficient recovery. We are delighted to have achieved settlement of over £10,000 in compensation for Mr R. Mrs

 

M – Employer’s Liability We were instructed by a 43 year old who wanted to bring a claim against her employers. She had been sitting on a new swivel chair when the top part of the chair came off causing our client to fall off and injure herself on a metal radiator. JMS Solicitors forged ahead in proving that the employers had failed in their duty of care to Mrs M, and recovered £1300 in compensation for Mrs M’s injuries.

 

Mr S – Public Liability Mr S a 36 year old man, suffered from food poisoning after having eaten a kebab bought from a local takeaway. After attending his GP it was apparent that he had suffered salmonella poisoning. It was discovered that there had been an outbreak of the bug in our client’s locality and a story was run in the local press. Having obtained evidence including a report prepared by the Environmental Health Department of the Council, we were able to prove our client’s claim, which eventually settled at £2600.

 

Mr C – Road Traffic Accident 18 year old Mr C was travelling on his motorbike when he encountered a vehicle driving towards him on the wrong side of the road. The vehicle was driving straight towards him, forcing him to take evasive action. He skidded on the tarmac and came off his motorbike. Mr C suffered severe injuries causing him to lose consciousness for some time. After a lengthy litigation battle and preparation of extensive witness evidence, JMS was able to conclude his claim successfully.

Personal Injury News

Ministers vow to tackle cost of personal injury claims

The government have pledged to get a grip on the compensation culture surrounding personal injury claims.

Justice minister Jonathan Djanogly said the current situation was "rotten" and action was needed to increase transparency and reduce costs.

Critics say insurers are getting paid for referring details of people involved in accidents to personal injury lawyers without permission.

Insurers have promised to work with ministers to reform the system.

Personal injury claims rise in Staffordshire schools

Almost £58,000 in compensation was paid out to Staffordshire schoolchildren for personal injury claims in the last financial year.

There were 11 cases, ranging from trips and slips, to a girl who hurt her arm while putting away a trampoline.

The largest payout was over £10,000 to a pupil who slipped and fell on some logs.

The information was published by Staffordshire County Council after a Freedom of Information (FoI) request.

Increase of 25% of children in social care in Somerset

Referrals, where a child is reported due to welfare concerns, have also gone up from 3,500 to 5,500, between 2009-11, and child protection plans have increased by 30% in two years, to 290.

The increase has been blamed on drug and alcohol misuse or parents with "personal difficulties".

The council has spent an extra £3.9m to pay for the increased workload.

The legal costs of care and placements account for a large part of the budget.

Constant observation

Construction giant fined £160k after man falls to his death

A major construction firm has been fined £160,000 after a labourer fell to his death while building Premier League side Everton FC's new training academy.

Karl Davis, who was married and lived in Wallasey, was working on the first floor of a building on the Finch Lane site in Halewood when a guardrail gave way and he fell out of an open window frame.

Kier North West, part of the Kier group which has an annual turnover of more than £2.4bn, was prosecuted by the Health and Safety Executive (HSE) after the incident on 27 February 2007
 

Crown Censure for Ministry of Defence

The Ministry of Defence (MOD) today received a formal Crown Censure from the Health and Safety Executive (HSE) after potentially exposing workers to deadly asbestos fibres.

Being a Crown body, MOD cannot be prosecuted as a private company would be in the criminal courts.

The Censure was received by a senior manager from Defence Estates on behalf of MOD, who attended a formal Crown Censure hearing at HSE's East Grinstead Office today (13 September 2010).

£30k fines after Salford worker killed by digger bucket

Fines totalling £30,000 have been issued following the death of a Salford worker, who was struck by the excavator bucket on a digger.

John Cain, 36, was working on a project to demolish the Albert Park Inn on Great Clowes Street in Salford on 22 November 2004 when he was hit by the bucket on a digger. He died from his injuries later that day.

Company fined after 17-year-old worker injured in fall

A Croydon company has been fined after a young worker suffered multiple fractures and internal injuries when he fell through a roof-light after only weeks into his job.

Lewis Edwards, 17, from Sidcup, had only been at STP Solutions Ltd a few weeks when the incident happened and it was his first job since leaving school.

An investigation by the Health and Safety Executive (HSE) revealed that his employers told him to go onto a warehouse roof and clean out the guttering at the Argent Centre, Pump Lane, in Hayes Middlesex on May 2009.

UK's biggest food manufacturer fined after worker's skull crushed

The UK's biggest food manufacturer has been fined £14,000 after a 65kg metal pillar fell on a maintenance engineer in Merseyside, crushing his skull.

Thomas Williams, from Prenton in Wirral, was working at Premier Foods Group Ltd's site at Manor Bakeries in Moreton on 24 July 2008 when a four-metre section of pillar fell on his head.

Premier Foods, which has an annual turnover of £2.6 billion and owns brands including Hovis, Mr Kipling and Bisto, was prosecuted by the Health and Safety Executive (HSE) for failing to ensure the safety of its employees.

Council fined after child injured at Tyneside museum

Newcastle City Council has been fined after a five-year-old girl needed surgery when she was injured by an interactive exhibit at one of its museums.

The child was visiting the Discovery Museum in Newcastle with her family when she placed her hand in an opening of the "Floating on Air" exhibit on 17 August 2009.

The opening led down into the rotating blades of a fan which powered the air flow through the machine. The opening should have been protected by a guard which was missing and so the girl's hand came into contact with the rotating blades of the fan.

Workplace accidents 'unreported' says TUC

Union leaders have claimed that many workplace accidents go unreported, with an estimated 1.2 million people suffering from work-related illnesses.

The TUC said more than 20,000 people were killed prematurely by their work each year.

It wants a health and safety "tsar" appointed to help prevent deaths caused by issues such as occupational cancers, exposure to fumes and road accidents.

The government is currently reviewing health and safety laws.