If you're planning to make a personal injury claim, you'll want to know: "how much will I get if my claim is successful?"

The simple answer is that it's hard to say. Solicitors and courts will take several factors into account, including:

• What was the injury?
• Did it result in hospitalisation, and if so for how long?
• Are you unable to work? If so, for how long? Are your employment prospects affected by the injury?
• Do you require ongoing care or treatment? What costs do these incur?
• What is the psychological impact of your accident?
• What is your age and life expectancy – in other words, how long are you likely to live with the results of your injury?

A personal injury solicitor will value your claim according to these factors alongside "judicial precedent" and "judicial guidelines". These provide a framework for calculating damages based on previous examples of compensation and give you an idea of what you can expect if your claim is successful. The judge's verdict will also draw on these precedents and guidelines.

The point of compensation is to make up for losses. These could be for lost earnings, lost quality of life and even lost relationships. These losses fall under what's known as "heads of loss" (or "heads of claim"). Solicitors and courts use these to calculate personal injury damages.

What are heads of loss?

Heads of loss are three broad categories for common types of loss brought on by an injury. Cases can revolve around one, two, or three of these categories. They are:

• General damages. This takes into account physical pain and suffering as well as psychological distress (PTSD, for example, or depression). It doesn't consider monetary loss. The amount of compensation will depend on the severity and duration of the suffering.
• Special damages. These are financial losses, whether a loss of earnings or money spent on care, treatment, or disability aids.
• Future losses. What it says on the tin – this covers losses yet to be incurred, whether medical bills or earnings. The amount awarded depends on the likelihood of you going back to work and the probability of you needing care in the future.

These three heads of loss are umbrella terms. They cover a range of more specific heads of loss.

It's important to note that the following list is not, and cannot be, exhaustive. This is because a claimant can always present a solicitor with an unexpected or novel loss that they want to be compensated for.

You're able to claim for more than one head of loss. If, let's say, an employer's negligence in the workplace led you to trip and break your arm, this would fall under general damages. But if that broken arm led to unemployment, it could fall under special damages too. Claiming for multiple heads of loss can lead to a bigger payout, so defendants may argue that only one head of loss is relevant. 

The claimant and the solicitor work together to put a financial value on the suffering caused by the injury, using these heads of loss as their guide.

Pain and suffering and loss of amenity (PSLA)

This is the starting point for most claims. In this context, pain is physical and suffering mental, and loss of amenity refers to a loss of capacity to enjoy life as a result of the accident.

If the injury is especially disfiguring, it can be teased out as a separate head of loss – "lack of marriage prospects or divorce".

Loss of earnings

This comes under special damages and can lead to more substantial payouts.

It's calculated by asking how much the claimant would have earned if they hadn't had the accident. The hypothetical nature of this question means that the calculation can take time and patience – it all depends on the financial situation of the claimant.

In such instances, the court considers the likely loss of future earnings as a result of the injury, whether the claimant now has a reduced earning capacity and whether they're at risk of unemployment.

If the range of jobs available to the claimant has reduced as a result of their disability, they can claim a "Smith v Manchester award".

If the claimant's employment was a vocation that gave them major satisfaction, they can claim under the head of loss "congenial employment". Traditionally, this has been claimed for by public servants such as members of emergency services, but it can be claimed for any type of work.

If a claimant has lost their job, they can claim for "job benefits loss" (for instance, the loss of a company car, childcare, or medical insurance), and "pension loss" in the event of lower pension contributions.

Care and services

This is compensation either for money spent on professional care or for a spouse, family member or friend who leaves work to care for the claimant. It can also be given to friends and family who provide voluntary assistance.

If the injury led to the purchase of specialist equipment – a bath rail, say, or a new bathroom – then this falls under the head of loss known as "provision of equipment".

A similar principle applies to the ability to contribute to domestic tasks. Has the claimant had to hire a cleaner, or are family and friends having to help out? If so, this could form part of the claim.

Medical expenses

You can also try to recoup money spent on private healthcare as a result of the injury.

Relatedly, travel costs can be compensated for, especially frequent trips to hospital or the GP. As with payouts for family and friends helping out the claimant, the travel expenses for hospital visitors can be included in the claim.

Missed opportunities

This could be a holiday, wedding, important job interview or professional opportunity – any event of emotional or professional significance thwarted by the injury.

Miscellaneous

If a vehicle, item of clothing, or other possession was damaged as a result of the accident, a separate claim can be made.

Personal injury claims are complex, so having an experienced personal injury solicitor can make all the difference. At Milners, we have a proven track record in winning compensation on a no win, no fee basis – so if you're looking for representation, why not book a free legal consultation?