The main guide applied by the Court to value an injury is the Judicial College Guidelines. These guidelines, prepared by the Judicial Studies Board, look at previous personal injury claims and provide estimations of the value of different types of injuries. Every few years, these guidelines are updated to reflect the increase in interest costs and recent cases.
These guidelines are also used by personal injury and medical negligence solicitors. For solicitors, one of the most important aspects of pursuing a claim for a client is calculating the value of the claim. Often, the main element to a claim is solatium - this is the financial figure attributed to the pain and suffering caused by the injury. To ensure that there is consistency across claims, the Judicial Studies Board prepares guidelines that are used by all personal injury solicitors and courts in Scotland. These figures do not have the status of being legally binding, but rather provide guidance to those involved in such claims.
It is important to note that the Judicial College Guidelines only provide a valuation for compensation for pain and suffering. Any potential claim will also consider loss of earnings, personal services required as a result of the injury, future expenses (such as help with housework, gardening, etc), as well as loss of society and support in claims where an individual has died. The guidelines do not take into account the unique circumstances of each individual's claim. For instance, Person A may be involved in a road traffic accident and break their wrist. They do not require any time off work and have incurred no expenses as a result of the claim. The Court may award them compensation in the region of £3,010 to £8,740. However, Person B, who also breaks their wrist in a road traffic accident requires several weeks off work and suffers a loss of earnings. The Court would likely value their claim more highly to take into account their loss of earnings on top of the pain and suffering of the injury.
The number of possible Heads of Claim illustrates how complex the process of valuing a personal injury claim can be. The value of a claim is different for each individual claim and our advice will vary depending upon the nature of the injury and the needs and circumstances of the individual. Factors such as age, job, current earnings, future earning potential and the number of dependents are all taken into account.
Once a claim has been settled or a final court order has been made, there will almost certainly be no opportunity to revisit this in the future. This means that, in practice, you have one opportunity to recover compensation. Therefore, it is imperative that all eventualities are considered when pursuing your claim.
The sixteenth edition of the Judicial College Guidelines were published in April 2022 with updated figures. This is the first time the guidelines have been updated in nearly three years. There are a number of interesting changes worth noting in the newly updated guidelines. One of the most important changes is the addition of a new sub-category to the "Psychiatric and Psychological Damage" chapter, focussed on valuing claims relating to sexual abuse. These types of claims are typically difficult to value, and the new addition will make calculating solatium easier for both solicitors and courts. This will also ensure that these types of claims are valued more consistently. The updated edition of the guidelines also includes a new "Work-related Limb Disorders" category. This section combines injuries that were previously found in other chapters of the guidelines into one section. Combining these injuries into one category will help to ensure these types of claims are valued as accurately as possible.
The new guidelines also provide an increased value for most other injuries. The increase is around 6.5%, which is consistent with the increase in RPI since the last guidelines were published. For example, in 2021 a minor foot injury was valued at up to £11,730. Now an equivalent injury in the current guidelines is valued at up to £13,740; an increase of just over £2,000. A very severe brain injury has increased from between £186,890 and £344,640 to £219,070 and £403,990. A moderate ankle injury has increased to £13,740 to £26,590 from its previous range of £11,730 to £22,680.
At Morton Fraser, we will ensure you receive the appropriate amount of compensation for your injury. Morton Fraser's handy Compensation Calculator provides an insight into some of the awards that a Court can make for various injuries. Our Compensation Calculator is updated to reflect the most recent figures from the sixteenth edition of the Judicial College Guidelines. It's important to note that the Compensation Calculator does not take into account other losses such as assistance that might be required following your accident, the cost of medical treatment, past and future wage loss, pension loss and any other expenses you have incurred as a result of the accident. Each individual case must be considered on its own facts and circumstances. Our experienced Personal Injury team will take the time to assess your claim and help you get the compensation you are entitled to. Contact us today on 0131 247 1000 or through our personal injury compensation enquiry form.
