What’s Included in Your Personal Injury Claim Compensation?

A straightforward guide for Claimants in England and Wales

What Does Compensation Cover?

Personal injury claim compensation in England and Wales can cover a wide range of losses and expenses. Common examples include lost earnings, medical expenses (such as physiotherapy and non-NHS treatments), and an amount for pain and suffering. It can also potentially cover other expenses which you wouldn’t have incurred if you hadn’t been injured. Most legal fees are usually paid by the insurer on top of the compensation, but any that are not covered in this way may be deducted from your payout. The sum you might receive depends on various factors such as the type and severity of your injury, your personal circumstances and the practical impact of your injuries, and whether the accident in which you were injured was entirely someone else’s fault. It’s never just one-size-fits-all.

Why Understanding Compensation Matters

Suffering an injury throws life off balance, whatever your circumstances. If you’re a business owner or managing family responsibilities, then it can be even harder to deal with and can take longer to get your life back on track. Compensation isn’t purely about the money; it’s also about getting you back into the position you would have been in had you not been injured, restoring what you’ve lost, helping you to recover and get back on your feet, and easing the stress of recovery. At Ashtons Legal, we often see Claimants surprised by just how much (or how little) their claim can cover. Knowing what’s included helps you to plan, challenge any misconceptions, and ask the right questions when you first talk to the lawyer who is going to look after you during the claim process. An experienced lawyer will ask the right questions to be able to ascertain the nature and extent of a client’s losses and will then advise on the basic principles of what can and cannot be claimed.

Does Compensation Cover Lost Earnings?

Yes, lost earnings are a major part of most personal injury claims. If you’ve needed time off work, those missed wages can usually be recovered as part of your compensation. This applies equally whether you are an employee or self-employed. Consider a sub-contracted builder unable to work for three months; their claim wouldn’t just cover the actual money they didn’t earn, but potentially also missed contracts and opportunities. Bear in mind, however, you’ll need to show evidence of what you would normally have received, for example by providing wage slips, accounts, or employer confirmation. More complex scenarios, like variable income or bonus schemes, might require deeper investigation and sometimes expert reports.

Physiotherapy and Non-NHS Treatments: What’s Included?

One of your lawyer’s main goals will be to ensure that you are able to make the best recovery possible, as quickly as possible, often by facilitating access to private treatment. This is particularly important where treatment may not be available on the NHS, or NHS provision is either limited, sporadic or subject to a long waiting list. Compensation will often include the cost of necessary treatment, such as physiotherapy or other medical treatments, even if you opt for private clinics. If there is a “reasonable” need for treatment caused by the accident – insurers and courts will usually pay for such treatments. It’s wise to keep receipts and medical recommendations to support these claims for these expenses. If you’re unsure, ask your solicitor about what is likely to count as ‘reasonable’ in your particular case.

Under the ‘Rehabilitation Code 2015’, it is often possible to get the insurers who are involved in defending the claim to fund some of an injured claimant’s rehabilitation and treatment while the claim is ongoing. Your lawyer will be able to explain if this might apply to you.

Are There Standard Amounts Based on Injury Location?

There are guideline amounts for different injuries, known as the Judicial College Guidelines. These guidelines offer a rough range depending on the body part affected and the type and severity of injury sustained – for instance, a minor wrist fracture will attract less compensation than a serious spinal injury. The guidelines do not provide a fixed tariff for injuries. Your compensation settlement will depend on the medical evidence, the severity of your injuries, the likely recovery time, and both the short and long-term impact the injuries are likely to have on your life. This means that two people with similar-looking injuries could receive very different sums depending on how their day-to-day lives are affected and, in particular, how their financial situation is affected by their injuries.

The breadth of possible compensation values is also very wide for each part of the body. For instance, while a minor leg injury might attract an award of around £11,000, or potentially less, a severe leg injury could result in compensation of over £179,000, so, talking to a specialist lawyer about your injuries and their impact on your daily life is key. This is where legal expertise makes all the difference, ensuring your unique circumstances are reflected in your claim and the compensation you receive.

Other Elements You Might Be Entitled To

Besides lost earnings, medical costs and a sum for pain and suffering, compensation can potentially cover any other loss or expenditure caused by the accident, for example travel to appointments, adaptations to your home, or help around the house if injuries limit your independence. For example, someone who needs a ramp fitted or paid carers can potentially claim these costs directly. Childcare expenses, specialist equipment, or even counselling fees are other examples of losses that can be included, provided we can prove the link to your injury. Compensation for items damaged in the accident can also be claimed. For instance, a motorcyclist whose helmet and protective clothing is damaged in a road traffic collision is also likely to be able to cover the cost of replacing them. The aim is all about rebuilding your life and putting you in the position you would have been in had the accident not occurred, as far as it is possible to achieve that aim.

Is Compensation paid in one Lump Sum?

Often, but not always. If your claim is relatively straightforward and/or your injuries are likely to heal fully over time, then the chances are you will receive one lump sum of compensation once your claim settlement has been agreed. Where injuries are more serious or life-changing, it is often possible to obtain an early up-front payment of compensation called an ‘interim payment’. Obtaining interim payments is generally easier if it is clear who was responsible for the accident and therefore the injury. If your lawyer can get an early ‘admission of liability’ (blame) from the insurers who are representing the person or organisation you are claiming against (the defendants), they may then agree to make an interim payment soon after the accident takes place. While an interim payment may be used to reimburse for initial expenses or to help with medical treatment, it could also be used to pay for expenses such as making adaptations to your home. For instance, if you are no longer going to be able to manage stairs as a result of your injuries then you might need a downstairs room adapted into a bedroom and the addition of a downstairs bathroom.

Some claims, particularly those where the life expectancy of the person injured is not clear, may settle on the basis of a Periodical Payments Order which provides for regular, often annual, payments to be made during the lifetime of the person injured, in order to cover expenses such as care costs.

How Much Will My Lawyer Take From My Compensation?

Most personal injury solicitors work on a “no win, no fee” basis, also known as a Conditional Fee Agreement (CFA). If your claim succeeds, lawyers may deduct up to 25% of your compensation as their success fee. But there are nuances: some costs (such as insurance premiums) may also come out of your payout, and the arrangement should be clearly set out at the start. It’s best to ask for a breakdown in writing, so you’re not caught off guard when the final figure comes through. At Ashtons Legal, we believe transparency is key – we will always provide details in writing and will encourage you to ask questions! We have a full page explaining how our No Win No Fee arrangements work here.

The one thing that you can always be sure of is that if your claim is not successful, you will not be out of pocket, and if your claim succeeds, you will keep the vast bulk of any award made to you.

The only exception to this is in the unlikely event that a client does not tell the truth about their circumstances or the impact of their injuries on their life. If a Claimant is found to be ‘fundamentally dishonest’, they would be liable for their lawyers’ fees and possibly also those of the Defendant insurers. Although this is rare, there have been instances where people making personal injury claims have, for example, said they’ve lost mobility following an accident and then been found walking perfectly normally and climbing ladders. Defendant insurers who are likely to have to pay out on a claim do take the time to check these things if they have doubts about the truthfulness of the information they are being given.

Contact Our Personal Injury Solicitors Today

If you have questions about what your personal injury claim could include, or you need clear, honest advice tailored to your situation, get in touch with our team at Ashtons Legal. We’re approachable, proactive, and ready to help.

We also come highly recommended by our clients, by fellow professionals and by the independent reviewers at Legal 500 and Chambers UK. Our personal injury and clinical negligence lawyers have been in L500’s Tier 1 and Chambers UK’s Band 1 for over 25 years, and we are very proud of our track record of helping clients to get the settlements they deserve and help to put their lives back on track.

To contact us, fill out our online enquiry form, call us on 0330 404 0776, or email enquiries@ashtonslegal.co.uk We’re here to listen, advise, and guide you every step of the way.