How is “Pain & Suffering” damage compensation calculated

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Although no amount of money can restore you to full health after a brain injury, it can go a long way to easing the worries of financial strain. Many people are unable to return to work for months or even years and with complex medical needs and mounting bills, a lack of money can add unnecessary worry to an already emotional time. 

The idea of entering into a long legal process can seem overwhelming and daunting but if you have suffered an injury through no fault of your own then your first step would be to consult with your Solicitor.

How Does Compensation Work?

Compensation is split into two parts – 

Special Damages

Special Damages is compensation awarded to a victim and is intended to recover financial losses experienced in the aftermath of the injury. They are there to help put you back into the financial position you would have been had you not sustained the injury. 

These damages can help you recover money lost from 

  • Being unable to work
  • Medical rehabilitation
  • Adaptations you need to make to your home or vehicle
  • Any in-house care that you require 

General Damages

General damages are to compensate you for pain, suffering and loss of amenity. Loss of amenity relates to how your quality of life has been affected. This includes both physical and psychological pain. 

Physical pain and suffering is not just about in the immediate aftermath of the injury but also the pain and discomfort you will feel in the future and also how likely these symptoms are to continue.

Psychological pain and suffering covers a broad range. It is common for victims to suffer from very negative emotions after a traumatic injury, especially when there is a long healing process in front of them and no guarantee that they will ever get back to full health. Common post injury symptoms can include – 

  • Emotional distress
  • Insomnia
  • Anger
  • Anxiety
  • Depression
  • Shock
  • Post Traumatic Stress Disorder (PTSD)

How are General Damages calculated? 

There is no set amount for a certain injury. Two victims with the same injury would more than likely both receive completely different amounts of compensation. This is due to them both having different needs and their pain and suffering after the injury will vary. Their age, previous health conditions, financial situation and even their family life will all be taken into account. For these reasons it is hard to predict a monetary value that you would be awarded. 

An independent medical expert is normally brought onto the case to obtain the evidence needed. They would detail the injuries sustained and whether or not they believe you will make a full recovery. If they deem a full recovery to be possible, they will estimate how long they would expect this to take. 

Guidelines are drawn up by the Judicial College which sets out brackets for different injuries although in many cases a Judge will oversee compensation payments to ensure that the damages awarded are fair and reasonable. 

The idea of entering into a long legal process can seem overwhelming and daunting but if you have suffered an injury through no fault of your own then your first step would be to consult with your Solicitor. They will be able to take you through the process step by step and ensure that you are awarded the damages that you deserve. 

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