Levels of Awards for Pain and Suffering in Personal Injury Claims

The aim of general damages is provide compensation for pain, suffering and loss of amenity. Damages are awarded depending on the severity of the injury and its impact upon the Claimant’s enjoyment of life. 

The Court will look at all the circumstances in order to award an amount that is fair and reasonable. The main source of evidence will be your medical notes and medico-legal report(s) obtained from specialist medical practitioners.

The starting point for assessing general damages is the Judicial College Guidelines. The table below sets out the range of damages available under the Guidelines for some common injuries and conditions.

The Court will consider all the relevant factors to decide which end of the range is appropriate. Factors relevant to all cases include the extent and duration of the pain, time taken for recovery, any permanent effects, previous state of health, age and domestic circumstances. The Court will also take into account any invasive treatment undergone.

It should be emphasised that these ranges are just a starting point and a Court will look at all the circumstances surrounding each individual case. The table does not cover the full range of injuries and complications.

InjuryStarting Point for DamagesRelevant factors
   
Injuries affecting the senses  
Total blindness and deafnessAround £326,700 
Total blindnessAround £217,250 
Total loss of sight in one eye£39,820 to £44,330 
Partial loss of sight£7,370 to £31,625Extent of sight loss
Risk of further deterioration
Minor eye injuries£3,190 to £7,040 
Total deafness£73,315 to £88,660Effect on speech
Tinnitus
Deafness in one ear£25,300 to £36,850
Total loss of taste and smellAround £31,625 
Loss of smell£20,185 to £26,620 
Loss of taste£15,510 to £20,185 
   
Injuries to limbs  
Arms  
Loss of both arms£194,700 to £242,550Place of amputation
Loss of one arm£77,715 to £110,880+
Severe fracture resulting in permanent disability£31,625 to £48,400 
Simple fractures£5,390 to £15,510 
Moderate or minor Injuries to elbowUp to £10,175Time taken to resolve injury
Loss of both hands£113,575 to £162,800 
Loss of one hand£77,715 to £88,660 
Loss of index fingerAround £15,125 
Loss of thumb£28,710 to £44,330 
   
Legs  
Loss of both legs£194,700 to £227,975Severity of phantom pain
Success of prosthetics
Side Effects
Above-knee amputation of one leg£84,700 to £111,100 
Below-knee amputation of one leg£79,200 to £107,525 
Serious compound fractures or injuries to joints£31,680 to £44,330Time taken to resolve injury
Scarring
Simple fractureUp to £7,370Time in plaster
Length of recovery period
Knee injuryUp to £77,770Severity
Ankle injuryUp to £56,320
   
Hard Arm Vibration Syndrome£2,420 to £31,075Number of hands/fingers affected
Extent of effect
Frequency and duration of painful episodes
Effect of symptoms on work, domestic and social life
   
Serious Neck Or Back InjuryUp to £130,130Severity
Permanence
Nerve damage
   
Paralysis  
Tetraplegia/Quadriplegia£262,350 to £326,700Extent of pain
Effect on senses
Ability to communicate
Paraplegia£177,100 to £229,00Extent of pain
Degree of independence
Age and life expectancy
   
Head Injury  
Brain damage£12,375 to £326,700+Life expectancy
Extent of physical limitations
Degree of dependence
Ability to communicate
Epilepsy
Personality change
Effect on intellect
Effect on senses
Minor head injury£1,788 to £10,340Initial severity
Period of recovery
Presence of headaches
   
Psychiatric Damage£1,238 to £93,500Effect on relationships
Possibility of treatment
Future vulnerability
Prognosis
Post-Traumatic Stress Disorder£3,190 to £81,400Severity
Prognosis
   
Facial Injuries  
Broken nose£1,375 to £18,700Extent of recovery
Damage to nerves or tear ducts
Broken cheekbone£1,870 to £12,760Lasting disfigurement
Broken jaw£5,225 to £36,850Extent of pain
Restriction of eating
Extent of recovery
Loss of several front teeth£7,040 to £9,240 
Loss of one front tooth£1,782 to £3,190 
Facial scarring (female)£1,375 to £78,650Severity of scarring
Age of victim
Cosmetic effect
Psychological Effect
Facial scarring (male)£1,375 to £53,075 
   
Dermatitis£1,375 to £15,510 
 
   
Minor InjuriesUp to £1,980 
 
Broken ribUp to £3,190Extent of pain
   
Internal Organs  
Breathing difficulties£25,300 to £44,330Seriousness of symptoms
Prognosis
Bronchitis and wheezing£16,830 to £25,300 
Breathlessness£8,580 to £16,830Seriousness of symptoms
Prognosis
Impotence£34,760 to £119,900+Age
Psychological Reaction
Existing children
Infertility£5,390 to £136,950Age
Psychological Reaction
Existing children
Failed sterilisation leading to unwanted pregnancyAround £8,250 
Loss of one kidney£24,860 to £36,300 
Loss of both kidneys£136,950 to £169,950 
Food poisoning£3,190 to £15,510Severity and duration
Long-term impacts
Hernia£2,750 to £19,525 
   
Asbestos-related  
Mesothelioma£56,650 to £101,750 
Lung cancer£56,650 to £78,650 
Asbestosis£12,210 to £85,580Likelihood of progression
Impact on mobility
Quality of life
Life expectancy

Please contact us today for a free no obligation telephone discussion by calling either our London, High Wycombe or Marlow offices or by email: personalinjury@curzongreen.co.uk