If you’ve suffered an injury that wasn’t your fault, it’s natural to ask, “How much compensation could I receive?” Whether it was a car accident, a slip in a supermarket, or an injury at work, personal injury compensation aims to put you back in the position you would have been in if the accident had not happened.
In this article, you’ll learn how personal injury compensation is calculated in the UK, what factors influence the amount, and what types of damages may be included in your claim.
What Is Personal Injury Compensation?
Personal injury compensation is a monetary award given to someone who has suffered harm due to someone else’s negligence or wrongdoing. This can include physical injuries, emotional distress, and financial losses.
In most cases, compensation is awarded through a settlement or court decision. However, the amount you receive depends on many factors—so there is no “one-size-fits-all” answer.
What Are the Two Main Types of Damages?
In the UK, personal injury compensation is usually broken down into two main parts:
General Damages
These are awarded for the pain, suffering, and loss of amenity (PSLA) caused by the injury. This includes:
- Physical pain and discomfort
- Mental distress or emotional trauma
- Loss of enjoyment of life
- Impact on hobbies and personal relationships
The more serious the injury and its effect on your daily life, the higher the general damages are likely to be.
Special Damages
These cover financial losses and out-of-pocket expenses you’ve incurred due to the injury. Special damages may include:
- Loss of earnings (past and future)
- Medical expenses (treatment, physiotherapy, prescriptions)
- Travel costs to hospital appointments
- Cost of care or help at home
- Modifications to your home or car
- Damage to personal belongings
Special damages are easier to calculate as they are based on receipts, payslips, and actual figures.
How Are General Damages Calculated?
General damages are not calculated with a fixed formula. Instead, courts and solicitors rely on:
Judicial College Guidelines (JCG)
These are published guidelines that give a range of compensation amounts for different types of injuries, based on court precedents. For example:
| Injury Type | Compensation Range (approx.) |
| Minor whiplash | £1,000 – £4,000 |
| Moderate back injury | £12,000 – £27,000 |
| Serious leg injury | £39,000 – £54,000 |
| Loss of one eye | £50,000 – £60,000 |
| Psychological trauma | £5,000 – £50,000+ |
The exact figure within the range depends on how severe the injury is, how long it lasts, and how much it affects your life.
Medical Evidence
A medical report from a GP or specialist will assess the extent of your injury, how long recovery may take, and whether you’ll have any long-term symptoms. This is vital in determining general damages.
How Are Special Damages Calculated?
Special damages are based on what you’ve already spent or lost, and what you’re likely to lose in the future. You must keep detailed records and receipts.
Here’s what could be included:
Loss of Earnings
If you’ve had to take time off work, you can claim for lost income. This includes wages, bonuses, commission, and other employment benefits. Future loss of earnings may be calculated if you cannot return to your job or have to take a lower-paying role due to your injury.
Medical and Treatment Costs
Expenses such as private treatment, physiotherapy, rehabilitation, counselling, or specialist equipment may be included.
Travel Expenses
If you’ve had to travel to hospital or therapy appointments, you can claim for petrol, parking, or public transport.
Care and Assistance
If a friend or family member has had to help you with daily tasks like cooking, dressing, or cleaning, you may be able to claim for their time, even if they were unpaid.
Household Adjustments
You can also claim the cost of home adaptations—like installing a stairlift or wheelchair ramp—if the injury has affected your mobility.
Example Scenario
Let’s look at a simplified example:
Sarah suffers a moderate back injury in a car crash caused by another driver. She takes 3 months off work, needs physiotherapy, and cannot carry her children or do housework.
Her compensation may look like this:
- General damages (moderate back injury): £15,000
- Loss of earnings (3 months): £6,000
- Physiotherapy costs: £900
- Travel to appointments: £150
- Care from family member (3 months): £1,500
- Total compensation: £23,550
This is only an example. Every case is unique and depends on specific facts and evidence.
How Do Courts Assess Long-Term Impact?
In more serious injury claims, long-term or permanent damage must be considered. The courts may assess:
- Loss of future earnings (using an earnings multiplier)
- Loss of pension contributions
- Ongoing care and medical costs
- Reduced quality of life
- Psychological trauma
Expert reports from doctors, occupational therapists, and employment specialists may be used to estimate future needs and losses.
What Else Can Affect the Compensation Amount?
Several other factors can influence how much compensation is awarded:
Age of the Claimant
Younger individuals may receive more in cases of long-term disability, especially if their ability to work or live independently is affected.
Pre-existing Conditions
If your injury has worsened a pre-existing medical condition, it may still be possible to claim compensation, though the amount may be adjusted accordingly.
Shared Blame (Contributory Negligence)
If you were partly at fault, your compensation might be reduced. For example, if you were not wearing a seatbelt during a car accident, the court may reduce your award by 25%.
Delay in Seeking Treatment or Claiming
Delays in getting medical attention or starting a claim can reduce credibility or limit the evidence available, possibly affecting the outcome.
How Can You Maximise Your Compensation?
Here are some key steps to help strengthen your claim:
- Seek medical attention immediately after the injury
- Report the incident to the relevant authority (e.g. employer, local council, police)
- Gather evidence – photos, witness statements, accident reports
- Keep a record of all expenses, receipts, and losses
- Maintain a diary of your symptoms and how the injury affects your life
- Get legal advice from a personal injury solicitor
Will You Need to Go to Court?
Most personal injury claims are settled out of court through negotiation. However, if liability is denied or the compensation offer is too low, your solicitor may recommend taking the case to court.
You can still settle at any stage before the final hearing.
What Is a No Win No Fee Agreement?
Many personal injury claims in the UK are handled under a “No Win No Fee” agreement. This means:
- You won’t pay any legal fees if your claim is unsuccessful
- If your claim succeeds, your solicitor may deduct a success fee (usually up to 25%) from your compensation
This allows you to make a claim without the financial risk.
How Long Do You Have to Make a Claim?
In most personal injury cases, the time limit to start a claim is three years from the date of the accident or from when you realised the injury was linked to the incident. There are exceptions for:
- Children (the 3-year limit starts from their 18th birthday)
- People lacking mental capacity
It’s always better to seek legal advice as soon as possible.
Final Thoughts
Personal injury compensation aims to help you rebuild your life after an accident. Whether it’s to cover lost income, pay for medical treatment, or recognise your pain and suffering, the amount you’re awarded depends on clear evidence and the specific details of your situation.
Understanding how compensation is calculated can help you make informed decisions and prepare for the claims process. With the right legal advice and documentation, you’ll be in a stronger position to receive the full compensation you deserve.
FAQs
How much compensation will I get for a broken arm?
It depends on how severe the fracture is, recovery time, and impact on your life. It could range from £6,000 to £18,000 based on the Judicial College Guidelines.
Can I claim for psychological injuries?
Yes. You can claim for emotional trauma, anxiety, depression or PTSD—if these were caused by the accident or injury.
Is compensation taxable in the UK?
No. Personal injury compensation is generally tax-free.
Can I claim if the accident was partly my fault?
Yes, but your compensation may be reduced by your percentage of responsibility.
What if I have no receipts?
You may still claim for general damages, but special damages require proof. Try to gather bank statements or ask for replacement receipts if possible.