I wasn't at fault and was in hospital for 2 days. Suffered major cuts around right eye requiring around 40 stitches. Looks terrible at moment, likely to be scarred for life. My car insurance company has put me onto a specialist lawyer as I had legal cover in my policy. Is this my best route? How much am I likely to be looking at in terms of compensation for my injuries?
2007-03-10 12:34:17 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I think the law student who answered this needs to spend a little bit more time studying and less time on here....
Setting aside the rights and wrongs of personal injury damages claims; as your lawyer will tell you, 'compensation' takes the form of general damages for the injury itself, and special damages for the consequential losses (loss of earnings and so on).
Damages in the UK for injuries are very modest indeed, so your injury (note: the injury only) would need to be very signficant to be awarded more than £10,000 - for example.
If you really want to delve into the subject, go to the reference library and ask for a copy of Kemp & Kemp on Damages and check out the reported cases there. There is no - repeat no - table of awards for injuries. There are comparable cases, but no table.
The special damages are simply calculated by how much you've spent or lost (in monetary terms) as a result of the injury. If you've lost four weeks wages, you get those back, if you've lost six months wages, you get them back - assuming you can prove the loss is caused by the accident.
These awards are not capped, save by your ability to prove them.
Incidentally: you get no more money because you think it's an outrage; you get no more money becasue of the way it happened - you are being compensated for the injury - not the cause of the injury.
The insurance-referred (and funded) solictor is almost certainly your best route - unless you know a better solictor and want to pay him yourself....
2007-03-12 10:19:50 · answer #1 · answered by JZD 7 · 0⤊ 0⤋
Compensation for the law of torts falls into two categories - pecuinary and non-pecuniary damages. Pecuniary damages are things that you can put a money value on such as medical expenses, time which you had to take off work, damages to your car and so on. Non-pecuinary are things you can't put a monetary value on such as pain and suffering and so on. Compensation from non-pecuinary damages is often capped at a certain amount so the plaintiff can't exploit the defendant in a civil trail. The amount would be determined by a judge and/or jury if it went to trial. You should also take into account that legal action is not always the best way to go. You need to consider whether the amount of compensation would be worth the time and effort which you put into the trial, possible legal fees if you lose and so on. My best advice would be to consult the specialist lawyer and work from there.
2007-03-10 20:51:58 · answer #2 · answered by xxalmostfamous1987xx 5 · 0⤊ 0⤋
Perhaps this link will help. It shows the actuarial figures used by the Government, which are as good a starting point as any. The insurance company will evidently be anxious to settle out of court. Perhaps you won't be so disfigured as you fear at the moment, as these things always start off looking grotesque and very often heal up nicely, especially with a young skin. You're not likely to recover much money for this injury, as it seems to be purely cosmetic, although there is also an element of pain and suffering. Your lawyer will have access to the tables which lawyers use to give an up-to-date indication of the going rate for personal injuries. Take his/her advice and settle. bhttp://www.gad.gov.uk/Other_Services/Compensation_for_injury_and_death.htm
2007-03-11 10:38:21 · answer #3 · answered by Doethineb 7 · 0⤊ 0⤋
You need a Personal Injury lawyer. Don't settle for at least a year.
I had 3 facial reconstructive surgeries after my accident in 1985, missed 6 weeks of work. Took 3 1/2 yrs to collect $50,000.
Good luck.
2007-03-10 20:44:31 · answer #4 · answered by diannegoodwin@sbcglobal.net 7 · 0⤊ 0⤋
Not sure exactly, are you in the UK? Your lawyer will advise you as to your expected compensation. I got £2,000 when I was hit by a car from behind and suffered minor whiplash, which is a standard payout. I imagine you will receive a lot more than that. Good luck.
2007-03-10 20:56:11 · answer #5 · answered by sassymoomin 4 · 0⤊ 0⤋
The insurance industry has a standard scale. Women would get paid more for facial scarring. The insurers of the other side will want to wait and see how much scarring remains long-term - you will probably be waiting years on a settlement.
Think of how lucky you are to be alive and still have your sight, instead of thinking about money.
2007-03-11 04:57:31 · answer #6 · answered by Trish D 5 · 0⤊ 0⤋
by "compensation" do you mean give me money for no reason other then i had the misfortune of being in the wrong place at the wrong time and i DESERVE this?
cause that is what it sounds like to me.
I would be happy if you got your car fixed and hospital bills paid other then that keep your frivolous lawsuits out of courts so we can hang more murderers.
2007-03-10 20:47:28 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Why do so many people think they should get rich because of somebody elses bad luck?
2007-03-10 20:39:48 · answer #8 · answered by johN p. aka-Hey you. 7 · 2⤊ 0⤋
isnt your fault,eh.an asian getting ready to sue after a car crash.yeah im sure it wasnt your fault.
2007-03-10 20:43:02 · answer #9 · answered by Robert R 1 · 1⤊ 1⤋
Pity you didnt die, grasping waste of space.
2007-03-10 20:45:09 · answer #10 · answered by thecoldvoiceofreason 6 · 2⤊ 3⤋