The Amount of Compensation for Pain & Suffering in Personal Injury Claims

How is Compensation for pain and suffering calculated?

Solicitors use the judicial college guidelines (JSB) which were updated on 13 April 2022

The Judicial College Guidelines is an assessment of General Damages i.e. pain and suffering caused by an accident , used to determine the value of a personal injury claim. Note that the Guidelines are only guidance, they are not law. The new 16th Edition makes increases on the 2 year old 15th Edition.

15th Edition                                                                              16th Edition

Complex Regional Pain Syndrome (CRPS)

Severe                               £49,270 to £78,840                      £52,500 to £84,010

Moderate                         £26,300 to £49,270                      £28,030 to £52,500

Other pain disorders

Severe                              £39,530 to £59,110                      £42,130 to £62,990

Moderate                         £19,770 to £36,120                      £21,070 to £38,490

Back injuries

Severe – Type (i)              £85,470 to £151,070                    £91,090 to £160,980

Severe – Type (ii)            £69,600 to £82,980                      £74,160 to £88,430

Severe – Type (iii)           £36,390 to £65,440                      £38,780 to £69,730

Moderate – Type (i)        £26,050 to £36,390                      £27,760 to £38,780

Moderate – Type (ii)       £11,730 to £26,050                      £12,510 to £27,760

Minor – Type (i)               £7,410 to £11,730                         £7,890 to £12,510

Minor – Type (ii) (old)    £2,300 to £7,410                          £4,350 to £7,890

Minor – Type (iii) (new)                                                         £2,450 to £4,350

Minor – Type (iii)             £2,300                                             £2,450

Brain damage / Head injury

Very Severe Brain Damage                        £264,650 to £379,100    £282,010 to £403,990

Moderately Severe Brain Damage            £205,580 to £264,650    £219,070 to £282,010

Moderate Brain Damage – Type (i)          £140,870 to £205,580    £150,110 to £219,070

Moderate Brain Damage – Type (ii)         £85,150 to £140,870      £90,720 to £150,110

Moderate Brain Damage – Type (iii)        £40,410 to £85,150        £43,060 to £90,720

Less Severe Brain Damage                         £14,380 to £40,410        £15,320 to £43,060

Minor Brain or Head Injury                       £2,070 to £11,980           £2,210 to £12,770

New categories – Sexual abuse awards

After the recommendation of the Independent Inquiry into Child Sex Abuse arising out of its Accountability and Reparations Investigation, a new free-standing category making awards for sexual abuse has been created. This has been included in Chapter 4 of the JSB Guidelines which deals with awards for psychiatric and psychological damage.

New categories – Work-related limb disorders

A new Section has been created for work-related limb disorders, which consolidates injuries and figures which previously were listed in other sections (such as vibration white finger and tenosynovitis) but also includes a new chapter relating to ‘cold injuries’ such as “frostnip” and frostbite and non-freezing injuries leading to similar soft tissue, nerve, or vascular damage. These figures are to be found in Chapter 8 of the JSB Guidelines. The time to claim is now contact Claim Today if you have any time suffered injuries of this nature and wish to claim.

Note on Whiplash Injuries: Tariff-Based Awards

On the commonly caused injury of Whiplash the JSB Guidelines are not so helpful and say  “It is unclear from the statutory provisions and the Regulations quite how the courts are expected to assess General Damages in those cases where a claimant suffers both a whiplash injury and a non-whiplash injury (including a ‘non-minor’ psychological injury). See section 3(8) of the Act. Again, further guidance will doubtless be provided by the courts in due course. The applicability of the tariff scheme to those cases in which the injury sustained amounts to an acceleration or exacerbation of an underlying condition for a period of up to two years is another area where further judicial input is likely to be required.

The claim time is now if you have whiplash and Claim Today will ensure we cover and obtain compensation for all elements of injuries where whiplash or a car accident has resulted on further related injuries.

Tables A and B of the JSB guidelines show their connected nature and the potential for an uplift of up to 20% in “exceptional circumstances”. To ensure we claim in time and obtain a 20% uplift for you call now 0800 29 800 29

Other changes

A number of small changes have been made to the Guideline figures include the relisting of some categories, including those relating to damage or injury to reproductive organs to reflect the Court recognition “that injuries leading to sexual dysfunction, loss of sexual function, and associated psychological sequelae may affect both men and women” confirming claim time is now for both sexes and that past figures for women had, as commented by the Professional Negligence Bar Association, focussed almost exclusively upon loss of fertility and reproductive capacity.

Comment

The changes reflect inflationary pressure and other reasons for increases, however the awards remain pitifully low for pain and suffering when we compare to other jurisdictions round the world like the USA, the awards are far too low and do not adequately compensate injured people. Claim Today act to claim in time and will do our very best to maximise your compensation.

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