Month: June 2026

Personal Injury

What Is the Average Personal Injury Compensation Payout in the UK?

Post author By mcpicadofelipe
Post date 1 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

⚖️No Win No Fe

⭐5-Star Rated

🩹Personal Injury Specialists

🏛️ About NJS Law

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“How much could I get?” is almost always the first question people ask when they are considering a personal injury claim. It is a completely reasonable question — and an honest answer requires more than a single number. Personal injury compensation in England and Wales varies enormously, from a few hundred pounds for a minor soft tissue injury that resolves quickly to multi-million pound awards for catastrophic, life-changing harm.

This guide explains how compensation is calculated, what the Judicial College Guidelines say about specific injury types and — crucially — what factors can push your award higher or lower than a headline figure.

Want a estimate for your specific injury?

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Why There Is No Single "Average" Payout

Personal injury compensation is individually assessed. The same accident — a rear-end collision, say — can result in wildly different awards for different claimants, depending on:

The nature and severity of the injury sustained
How long recovery takes and whether any permanent consequences remain
The injured person’s occupation, age and income (for loss of earnings calculations)
The financial losses and expenses actually incurred
Whether any contributory negligence applies

With that important caveat in mind, the Judicial College Guidelines (now in their 18th edition, published April 2026) provide the compensation brackets that courts in England and Wales use when assessing general damages. These are the most authoritative reference point available.

Compensation Ranges by Injury Type (Judicial College Guidelines, 18th Edition)

The figures below are for general damages only — they do not include special damages (financial losses), which are calculated separately and added on top.

Head and Brain Injuries

Severity	Indicative Range
Minor head injury (full recovery)	Up to £13,740
Moderate brain injury	£43,060 – £219,070
Moderately severe brain injury	£219,070 – £284,260
Very severe brain injury	£284,260 – £403,990

Neck and Back Injuries

Severity	Indicative Range
Minor neck — full recovery under 3 months	Up to £2,450
Minor neck — recovery up to 2 years	Up to £7,890
Moderate neck injury	£7,890 – £38,490
Severe neck injury	£45,470 – £148,330
Minor back injury	Up to £12,510
Moderate back injury	£12,510 – £38,780
Severe back injury	£38,780 – £160,980

Upper Limb Injuries (Arm, Shoulder, Hand)

Injury	Indicative Range
Minor shoulder injury	Up to £7,890
Moderate shoulder injury	£7,890 – £19,200
Simple arm fracture	£6,610 – £19,200
Loss of one arm (above elbow)	£128,710 – £159,770
Serious hand injury	£29,000 – £61,910

Lower Limb Injuries (Leg, Knee, Ankle, Foot)

Injury	Indicative Range
Minor knee injury	Up to £14,840
Moderate knee injury	£14,840 – £26,190
Severe leg injury	£27,760 – £120,050
Loss of both legs	£240,790 – £282,010
Minor ankle injury	Up to £13,740

Psychiatric and Psychological Injuries

Severity	Indicative Range
Less severe (good prognosis)	£1,540 – £5,860
Moderate	£5,860 – £19,070
Moderately severe	£19,070 – £54,830
Severe (permanent and disabling)	£54,830 – £115,730

Note on the 18th edition: The Judicial College Guidelines were updated in April 2026. Figures have been revised upwards from earlier editions to reflect inflation and current case law. If you received an estimate before April 2026, it may be worth having it reviewed against the updated brackets.

What Else Adds to Your Total Compensation?

The figures above cover general damages only. Your total award will include special damages — financial losses caused by your injury. These can include:

Lost earnings — past and future, including self-employment and pension loss
Medical and rehabilitation costs — physiotherapy, counselling, specialist treatment
Care costs — whether provided by a professional or a family member
Travel costs — to and from medical appointments
Home and vehicle adaptations
Equipment costs — wheelchairs, aids and appliances

In serious injury cases, special damages regularly exceed general damages by a large margin. The £3.7 million settlement our team secured for a warehouse worker who suffered catastrophic injuries in a forklift accident was predominantly special damages — reflecting decades of lost earnings and a lifetime of professional care.

Real Examples of NJS Law Compensation Awards

Claim Type	Injuries	Award Secured
Workplace accident (forklift)	Catastrophic, life-changing injuries	£3,700,000
Occupiers’ liability (public event)	Serious injuries from collapsing equipment	£26,000
Pedestrian road accident	Multiple injuries at a pedestrian crossing	£20,000
Road traffic accident (no fault)	Whiplash and broken arm	£18,000
Public liability (park equipment)	Child injured on faulty park equipment	£8,500
Road traffic accident (cyclist)	Injuries following roundabout collision	£11,500

What Reduces Your Compensation?

Two factors can reduce your final award below the Judicial College Guidelines values:

Contributory negligence — if you are found partly responsible for the accident, your award is reduced proportionally.
Failure to mitigate loss — if you unreasonably refused recommended medical treatment that would have improved your recovery, the defendant can argue you failed to mitigate your losses. Follow your doctor’s advice and attend recommended appointments.

Speak to a specialist solicitor today

Free, confidential, no obligation

Frequently Asked Questions

Are compensation payouts taxable in the UK?

No. Personal injury compensation — both general and special damages — is exempt from income tax and capital gains tax in England and Wales. You receive and keep the full award. This applies whether the compensation is paid as a lump sum or as a structured settlement (periodical payments).

How long do I have to wait to receive my compensation?

Once a settlement is agreed, payment is typically received within 21 to 28 days. In straightforward cases, full settlement can be reached in as little as nine months. In complex or disputed cases, it may take two to three years. Interim payments are available in serious cases to cover immediate financial needs while the claim is ongoing.

Can I get an early indication of what my claim is worth?

Yes. In your free initial consultation with our team, we will give you an honest indicative valuation based on the nature and severity of your injury, the circumstances of the accident and any financial losses you have suffered. This is not a guaranteed figure, but it gives you a realistic picture before you decide whether to proceed.

Compensation figures in this article are taken from the Judicial College Guidelines (18th edition, April 2026) and are indicative only. Final awards depend on the specific facts of each case and are subject to medical evidence and judicial assessment. This article does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.

For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s personal injury claims service page.

CONTACT US

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FAQ

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Tags Personal Injury, personal injury claim, personal injury claims

Personal Injury Claim Time Limits in England and Wales: A Complete Breakdown

Post author By mcpicadofelipe
Post date 1 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

⚖️No Win No Fe

⭐5-Star Rated

🩹Personal Injury Specialists

🏛️ About NJS Law

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Missing the deadline to make a personal injury claim is one of the most avoidable — and irreversible — mistakes an injured person can make. In England and Wales, the courts are extremely strict about limitation periods. Once your time runs out, you lose your right to claim almost permanently, regardless of how strong your case might have been.

The rules are set out in the Limitation Act 1980, and while the standard three-year limit applies to most claims, there are a number of important exceptions that could either extend your time or — in some cases — significantly shorten it. This guide covers every scenario.

Time is running — act now. If you are unsure whether your time limit has passed or is approaching, contact us immediately for a free assessment. We can tell you exactly where you stand.

You may be entitled to significant compensation.

Get a free, confidential assessment from our personal injury team.

The Standard Rule: Three Years

For most personal injury claims in England and Wales, the limitation period is three years from the later of:

The date on which the accident or incident occurred, or
The date of knowledge — the date on which you first knew, or reasonably ought to have known, that you had suffered a significant injury that was attributable (at least in part) to the act or omission of the defendant.

The date of knowledge rule is particularly important for conditions that develop gradually — industrial diseases, chemical exposure injuries or injuries whose cause only became apparent later. In those cases, the clock starts running from when you became aware, not when the initial exposure happened.

Exceptions to the Three-Year Rule

Claims Involving Children (Under 18)

Where the injured person was under 18 at the time of the accident, the three-year limitation period does not begin to run until their 18th birthday. This means they have until their 21st birthday to issue proceedings. A claim can be made on their behalf at any time before they turn 18 by a litigation friend (usually a parent or guardian) — and acting early is almost always in the child’s best interests.

Lack of Mental Capacity

Where the injured person lacks the mental capacity to manage their own legal affairs (within the meaning of the Mental Capacity Act 2005), the limitation period is suspended indefinitely for as long as that incapacity continues. If capacity is later recovered, the three-year period begins running from that point. If capacity is never recovered, the claim can be brought at any time on their behalf by a litigation friend or deputy.

Fatal Accident Claims

Where a person dies as a result of another’s negligence, two types of claim may arise: an estate claim (under the Law Reform (Miscellaneous Provisions) Act 1934) and a dependency claim (under the Fatal Accidents Act 1976). Both must generally be brought within three years of the date of death, or — where the deceased did not know during their lifetime that they had a cause of action — within three years of the date of knowledge of the personal representative or dependant.

Road Traffic Accidents Involving Uninsured or Untraced Drivers

Claims through the Motor Insurers’ Bureau (MIB) follow special procedural rules and strict notification deadlines that sit alongside the standard limitation period. For claims against untraced drivers (hit-and-run accidents), an application to the MIB must be made within three years of the date of the accident, but there are additional steps that must be taken promptly — including police reporting requirements.

Criminal Injuries Compensation (CICA)

Claims to the Criminal Injuries Compensation Authority are subject to a two-year time limit from the date of the criminal incident — not three years. This is a stricter and shorter deadline. The CICA does have discretion to accept late applications in exceptional circumstances, but this is not guaranteed. If you have been the victim of a violent crime, seek legal advice promptly.

Claims Against Public Authorities

Claims under the Human Rights Act 1998 against public bodies have a one-year time limit. Claims arising from the use of a public authority’s motor vehicle generally follow standard PI rules, but specialist advice should be sought.

What Happens When the Limitation Period Expires?

Once a limitation period has expired, proceedings should not be issued. If they are, the defendant will apply to strike out the claim and will almost certainly succeed. Courts have a discretion under Section 33 of the Limitation Act 1980 to allow late claims in personal injury cases where it is equitable to do so — but this is exercised sparingly and is not a reliable safety net. The factors the court considers include the length of the delay, the reasons for it, the impact on the defendant and the strength of the evidence.

Do not rely on Section 33 discretion. Act within your limitation period.

Summary Table — Limitation Periods at a Glance

Claim Type	Standard Time Limit	Key Notes
Standard personal injury (adult)	3 years from accident or date of knowledge	Most common rule
Child injury claim	Until age 21	3-year clock begins on 18th birthday
Mental incapacity	Suspended during incapacity	Runs from recovery, if any
Fatal accident claims	3 years from death or date of knowledge	Two separate causes of action may arise
Criminal injuries (CICA)	2 years from incident	Stricter — seek advice immediately

Speak to a specialist solicitor today

Free, confidential, no obligation

Frequently Asked Questions

Can I still claim if I only just found out that my injury was caused by negligence?

Possibly yes — this is exactly what the date of knowledge rule is designed for. If you only recently discovered that your injury was attributable to someone else’s fault, your three-year period may only just have started. Take legal advice immediately to assess your position.

Does the three years include the time to prepare and submit the claim, or just to issue proceedings?

You must formally issue court proceedings before the limitation period expires — not just instruct a solicitor or send a letter. Issuing proceedings is a specific step that your solicitor takes by filing a claim form at court. In practice, you should instruct a solicitor well in advance of the deadline to allow time for investigation, evidence gathering and pre-action steps.

If I was injured at work and have only just left the employer, does my time limit change?

No. The limitation period runs from the date of the accident or date of knowledge — not from when you changed jobs or left employment. Many people wrongly wait until they have left an employer before claiming, losing valuable time in the process.

This article is for general information purposes only and does not constitute legal advice. It applies to the law of England and Wales as at June 2026 under the Limitation Act 1980. Time limits are subject to the specific facts of each case. Contact NJS Law for advice on your individual circumstances.

For a full overview of personal injury claims, including eligibility, compensation ranges and the claims process, see NJS Law’s personal injury claims service page.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags Personal Injury, personal injury claim, personal injury claims

Personal Injury

Personal Injury Claims for Children: A Complete Guide for Parents

Post author By mcpicadofelipe
Post date 1 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

⚖️No Win No Fe

⭐5-Star Rated

🩹Personal Injury Specialists

🏛️ About NJS Law

📞Free Consultation

When a child is injured because of someone else’s negligence, parents face a situation that is equal parts distressing and confusing. You want justice for your child, but the legal process can feel opaque and overwhelming. The good news is that the law in England and Wales gives children strong protections in personal injury cases — and as a parent or guardian, you can act on your child’s behalf from the moment the accident happens.

This guide explains who can make a claim, how the process works, how compensation is protected and — crucially — why there is no need to rush.

Your child may be entitled to significant compensation.

Get a free, confidential assessment from our personal injury team.

Can You Make a Personal Injury Claim on Behalf of a Child?

Yes. In England and Wales, children under 18 do not have the legal capacity to bring a court claim in their own name. Instead, an adult acts on their behalf as a litigation friend. In most cases this is a parent or guardian, but it can be any responsible adult who does not have a conflict of interest with the child.

As a litigation friend, you instruct a solicitor, give instructions on the child’s behalf, and make decisions about the conduct of the claim. You have a legal duty to act in the child’s best interests throughout.

What Types of Accidents Can a Child Claim For?

Children can claim compensation for any injury caused by another person’s or organisation’s negligence. Common scenarios include:

Road traffic accidents — as a pedestrian, cyclist or passenger
Accidents at school caused by inadequate supervision or unsafe premises
Injuries in public places — parks, playgrounds, leisure centres
Accidents during sporting or recreational activities
Dog bites and animal attacks
Medical negligence or dental negligence
Injuries caused by defective products

What Is the Time Limit for a Child's Personal Injury Claim?

Road Traffic Accidents

This is one of the most important points for parents to understand. The standard three-year time limit for personal injury claims in England and Wales does not begin until the child turns 18. This means a child injured at any age has until their 21st birthday to issue proceedings.

However, there are two very good reasons not to wait:

Evidence fades. CCTV footage is deleted, witnesses forget details, medical records become harder to obtain. Acting promptly preserves the evidence that supports your child’s claim.
Your child deserves compensation now. If your child has ongoing medical needs, rehabilitation requirements or care costs because of their injury, a successful claim can fund those needs during childhood — not just after they turn 21.

Our advice: Although there is no legal urgency, instructing a solicitor as soon as reasonably possible after the accident gives your child the best prospect of a strong claim. We can manage the process sensitively alongside your child’s recovery.

How Is a Child's Personal Injury Claim Different?

Court Approval Is Required for Settlement

This is the most significant procedural difference. Because a child cannot make legally binding decisions for themselves, any settlement of a child’s personal injury claim must be approved by a court — even if both sides have agreed a figure. This is not a formality: the court is genuinely scrutinising the settlement to ensure it is in the child’s best interests and that the compensation is fair.

Your solicitor will prepare a formal approval application and attend a brief hearing (usually lasting less than 30 minutes) at which the judge reviews the medical evidence, the settlement figure, and the proposed breakdown between general and special damages. This process protects your child from being under-settled.

Compensation Is Held on Trust

Once the court approves a settlement, the compensation is paid into the Court Funds Office and held on trust for the child until they turn 18. It is invested on the child’s behalf during this period. When they reach adulthood, they receive the full fund including any interest earned.

In some cases, the court may release funds earlier for specific purposes — for example, to fund necessary medical treatment or specialist equipment. For very large awards (typically in serious injury cases), the court may order that funds be managed by the Court of Protection or through a personal injury trust, depending on the child’s circumstances and the nature of their ongoing needs.

Choosing a Solicitor With Experience in Child PI Claims

Not all personal injury solicitors handle child claims regularly. The procedural requirements, the need for age-appropriate medical evidence and the court approval process require specific experience. At NJS Law, our team handles child personal injury claims as part of our broader serious and life-changing injury practice.

How Much Compensation Can a Child Receive?

The same principles apply as for adult claims — compensation is divided between general damages (for pain, suffering and loss of amenity) and special damages (for financial losses). In child claims, special damages often include:

Cost of adaptations to the family home
Specialist educational support required because of the injury
Ongoing medical treatment and rehabilitation
Care provided by parents (recoverable even where provided informally)
Future loss of earnings — calculated from the age of 18 onwards

In serious cases — such as brain injury or spinal injury sustained in childhood — the future loss of earnings element alone can result in multi-million pound awards, because the calculation spans an entire working lifetime.

What If the Child Is Now an Adult?

If your child suffered an injury before their 18th birthday and has now turned 18 without a claim being made, they have until their 21st birthday to issue proceedings themselves. They no longer need a litigation friend. If you are a young adult reading this having been injured as a child, the same no win, no fee arrangement applies — contact us before the deadline expires.

Speak to a specialist solicitor today

Free, confidential, no obligation

Frequently Asked Questions

Does the child need to attend court?

Almost certainly not. The court approval hearing for a settled claim is attended by the litigation friend and solicitor — the child does not need to be present. If a case proceeds to a full trial (rare — most cases settle), children are generally not required to give evidence unless they are old enough and it is deemed appropriate.

What if I am not the child's parent — can I still be a litigation friend?

Yes. Any adult who has no conflict of interest with the child and is willing to act in their best interests can serve as a litigation friend. This might be a grandparent, aunt or uncle, or other trusted adult. Your solicitor will guide you through the formal appointment process under CPR Part 21.

Who pays the legal costs if the claim is unsuccessful?

Under a no win, no fee arrangement, the litigation friend (parent or guardian) pays nothing if the claim is unsuccessful. After the Event (ATE) insurance is arranged to cover the defendant’s costs in that scenario. You face no financial risk.

What happens if the child was injured in a school accident?

Schools owe a duty of care to pupils while they are in their care. If a child is injured due to inadequate supervision, unsafe equipment, a poorly maintained building or a school trip that was not properly risk-assessed, the school (or the local authority responsible for it) may be liable. These claims follow the same process as other personal injury claims for children.

This article is for general information purposes only and does not constitute legal advice. It applies to the law of England and Wales as at June 2026. References to CPR Part 21 and the Limitation Act 1980 reflect the current rules. For advice specific to your child’s situation, please contact NJS Law directly.

For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s personal injury claims service page.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags Personal Injury, personal injury claim, personal injury claims

Personal Injury

Can I Claim Personal Injury Compensation If the Accident Was Partly My Fault?

Post author By mcpicadofelipe
Post date 1 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

⚖️No Win No Fe

⭐5-Star Rated

🩹Personal Injury Specialists

🏛️ About NJS Law

📞Free Consultation

One of the most common reasons people talk themselves out of making a personal injury claim is the belief that because they played some part in the accident, they are not entitled to anything. This is a misconception that costs injured people real money every year. In England and Wales, you can make a personal injury claim even if the accident was partly your fault. Your compensation is reduced to reflect your share of the blame — but it is not wiped out entirely.

This legal principle is called contributory negligence, and it is well established under the Law Reform (Contributory Negligence) Act 1945. Understanding how it works could mean the difference between walking away with nothing and receiving tens of thousands of pounds.

Not sure whether your circumstances mean you can still claim?

Call us for a free, honest assessment.

What Is Contributory Negligence?

Contributory negligence occurs when the person who was injured contributed, through their own actions or inactions, to the accident or to the severity of their injuries. The law recognises that fault is rarely all-or-nothing — in real-world accidents, multiple parties often share some degree of responsibility.

Under the Law Reform (Contributory Negligence) Act 1945, a court can reduce a claimant’s damages by a percentage that reflects their share of responsibility for the accident. The defendant (the other party) remains liable for their portion.

A Simple Example

A pedestrian crosses a road without using the designated crossing and is struck by a driver who was travelling above the speed limit. Both parties share fault. A court might find the pedestrian 25% responsible and the driver 75% responsible. If the pedestrian’s total compensation would have been £20,000, they receive £15,000 — reduced by 25%.

Common Situations Where Contributory Negligence Applies

Road Traffic Accidents

Not wearing a seatbelt — courts frequently apply a 15–25% reduction where failure to wear a seatbelt contributed to the severity of injuries (following Froom v Butcher [1976]).
Riding a motorcycle without a helmet.
Stepping into the road without checking for traffic.
Being a passenger who knowingly travelled with a drunk driver — reductions of up to 20% have been applied in such cases.

Workplace Accidents

Ignoring safety instructions or refusing to wear provided personal protective equipment (PPE).
Operating equipment without the required training despite being told not to.
Taking a known unsafe shortcut that your employer had warned against.

Slips, Trips and Falls

Wearing inappropriate footwear on a surface where a warning sign was displayed.
Being distracted by a phone while walking.
Ignoring a clearly marked hazard.

Important point: The defendant will often allege contributory negligence as a tactic to reduce the amount they must pay — even when the claimant’s responsibility is minimal or non-existent. Having an experienced solicitor challenge these allegations is critical to ensuring you are not penalised unfairly.

How Is the Percentage Reduction Decided?

If the case is contested, a judge makes the final determination of contributory negligence based on the facts and evidence presented. In practice, the vast majority of cases settle through negotiation, meaning solicitors for both sides agree on a percentage reduction without going to court.

The percentage is not arbitrary — it is based on established legal precedents, comparable cases and the specific facts of your accident. Your solicitor will research the case law, challenge any unfair allegations and negotiate the lowest possible contributory negligence finding on your behalf.

There Is No Fixed Formula

Courts assess contributory negligence on the particular facts of each case. A finding of 5% is very different from a finding of 50%. Even a reduction of 25% still means you receive 75% of your full compensation — which on a £30,000 award is £22,500, compared to nothing if you assumed you had no claim at all.

What If the Other Side Claims the Accident Was Entirely My Fault?

A defendant denying liability entirely — claiming the accident was 100% your fault — is not the same as a finding of contributory negligence. It is a negotiating position, and one that your solicitor is experienced in challenging. If there is credible evidence that the other party was at least partly responsible, your claim has merit regardless of what the defendant initially says.

We have taken on cases where defendants initially denied all liability and successfully established their responsibility through evidence, witness statements and expert reports.

Does Contributory Negligence Affect No Win, No Fee?

No. If your case is taken on under a Conditional Fee Agreement (no win, no fee), the arrangement remains in place even if contributory negligence is established. You still pay nothing if the claim fails. If it succeeds with a reduced award, the success fee is taken from that reduced figure — you are not left out of pocket.

Speak to a specialist solicitor today

Free, confidential, no obligation

Frequently Asked Questions

What if I signed a waiver before the activity?

Waivers (also called exclusion clauses) cannot simply override your legal rights in England and Wales. Under the Unfair Contract Terms Act 1977, a business cannot exclude liability for personal injury caused by negligence. Whether a waiver is enforceable depends on the specific wording and context — take legal advice before assuming a waiver blocks your claim.

Will the defendant automatically claim contributory negligence?

Not always. In many clear-cut cases — where a driver rear-ended you at a red light, for example — the defendant will not raise contributory negligence because it would have no merit. Where it is raised, your solicitor will assess whether the allegation is valid and challenge it where appropriate.

Can contributory negligence result in me getting nothing?

In theory, if a court found you 100% responsible, you would receive nothing. But that is not contributory negligence — that is a finding that the defendant bears no liability at all. Contributory negligence, by definition, means both parties share fault. If the other party is found to have any degree of responsibility, you will receive some compensation.

For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s personal injury claims service page.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Tags Personal Injury, personal injury claim, personal injury claims

Personal Injury

General Damages vs Special Damages: Personal Injury Compensation Explained

Post author By mcpicadofelipe
Post date 1 June 2026

LEGAL GUIDE · ENGLAND & WALES

June 2026

⚖️No Win No Fe

⭐5-Star Rated

🩹Personal Injury Specialists

🏛️ About NJS Law

📞Free Consultation

When you make a personal injury claim in England and Wales, your compensation is not calculated as a single lump sum pulled from thin air. It is made up of two distinct categories — general damages and special damages — each covering a different type of loss.

Understanding the difference helps you appreciate what you are entitled to claim for, and why your final award may be higher than you expected.

Want to know what your specific claim could be worth?

Get a free, no-obligation assessment from our personal injury team.

What Are General Damages?

General damages compensate you for the injury itself — for the pain, suffering and loss of amenity it has caused. Loss of amenity refers to the ways in which your injury has reduced your ability to enjoy ordinary life: not being able to play sport, look after your children, pursue hobbies, or carry out activities you could do before the accident.

General damages are sometimes called non-financial losses, because they compensate for experiences rather than money spent. They cannot be calculated from a bank statement or a payslip. Instead, they are assessed by reference to the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases — now in its 18th edition (published April 2026) — which sets out the compensation bracket that courts apply to different injury types and severities across England and Wales.

How Are General Damages Calculated?

Your solicitor will obtain an independent medical report from a qualified expert who assesses the nature and severity of your injury, its expected recovery time, any permanent consequences and the effect on your daily life. That report is then cross-referenced with the Judicial College Guidelines to identify the appropriate compensation bracket.

Two people with identical injuries may receive different general damages awards if the impact on their individual life differs. A professional musician who loses partial movement in their hand may receive a higher general damages award than someone in a different occupation — because the loss of amenity is greater.

General Damages Examples (Judicial College Guidelines, 18th Edition)

Injury Type	Severity	Indicative Range
Neck injury	Minor (full recovery within 2 years)	Up to £7,890
Neck injury	Moderate	£7,890 – £38,490
Back injury	Minor	Up to £12,510
Back injury	Moderate	£12,510 – £38,780
Knee injury	Minor to moderate	£14,840 – £26,190
Psychiatric injury	Moderate	£5,860 – £19,070
Brain injury	Moderate	£43,060 – £219,070
Loss of hand	One hand	£96,670 – £109,650

These figures reflect general damages only. Your total award will also include special damages, which are calculated separately.

Important: The Judicial College Guidelines were updated in April 2026 (18th edition) following previous inflationary increases. Always ensure your solicitor is working from the most current edition when valuing your claim.

What Are Special Damages?

Special damages compensate you for the actual financial losses and expenses that your injury has caused. Unlike general damages, these can be itemised and calculated precisely — which is why keeping receipts, records and documentation matters enormously from the moment of your accident onwards.

Special damages are designed to put you back in the financial position you would have been in had the accident never happened. They cover both losses you have already incurred and losses you are likely to suffer in the future.

What Can Be Claimed as Special Damages?

Loss of earnings (past): Any wages, salary, self-employment income or bonuses you have already lost because of your injury — from the date of the accident to the date of settlement.
Loss of earnings (future): If your injury affects your ability to work long-term or permanently, you can claim for projected future income losses. These are calculated using actuarial tables (the Ogden Tables) and the personal injury discount rate, currently set at minus 0.25% for England and Wales.
Medical treatment and rehabilitation costs: Private physiotherapy, counselling, specialist consultations, prescription charges, medical equipment and any future treatment you are likely to need.
Care and assistance: If family members have had to provide you with care, or you have needed to pay for professional care, these costs are recoverable — even if the care was provided informally by a loved one.
Travel expenses: Costs of travelling to medical appointments, solicitor meetings or court hearings arising from the claim.
Home and vehicle adaptations: Modifications required because of your injury — such as wheelchair access ramps, stair lifts or hand controls for a vehicle.
Damaged property: Clothing, equipment or personal property damaged in the accident.
Other out-of-pocket expenses: Any other financial loss directly caused by the accident and provable by evidence.

Why Keeping Records Matters

Special damages are only recoverable if they can be evidenced. From the moment of your accident, keep a folder — physical or digital — containing all receipts, payslips, bank statements, invoices and medical correspondence. If you needed to take unpaid time off work, ask your employer for a letter confirming your lost earnings. If a family member has provided care, keep a diary of the time and tasks involved.

Your solicitor will help you identify every head of loss that applies to your situation, but the evidence you preserve yourself in the early stages makes this process significantly more straightforward.

How General and Special Damages Work Together

Your total compensation award is the sum of both categories. A straightforward example:

Component	Description	Amount (example)
General damages	Moderate back injury — pain, suffering, restricted movement for 18 months	£16,000
Special damages — lost earnings	8 weeks off work at £450/week net	£3,600
Special damages — treatment	Physiotherapy (12 sessions) and prescription costs	£980
Special damages — travel	Travel to 8 medical appointments	£240
Total award		£20,820

In serious injury cases, special damages — particularly future loss of earnings and long-term care costs — can dwarf the general damages award. In our £3.7 million settlement for a warehouse worker who suffered catastrophic injuries, the vast majority of the award was special damages reflecting decades of lost earnings and a lifetime of care provision.

What You Cannot Claim For

Compensation is designed to restore you to your pre-accident position — not to put you in a better position than before. You cannot claim for losses that are not caused by the accident, losses that are not supported by evidence, or speculative future losses without a medical or actuarial basis. Your solicitor will ensure your claim is structured properly and does not include heads of loss that a defendant could successfully challenge.

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Frequently Asked Questions

Can I claim for general and special damages at the same time?

Yes — most personal injury claims include both. General damages for the injury itself and special damages for financial losses are claimed together in a single case. Your solicitor will value both components and present them as part of one overall claim.

What if I do not have receipts for everything?

Some losses can be evidenced by other means — bank statements, employer letters, diary entries for care provided. Speak to your solicitor about what evidence you have and they will advise on what is recoverable. Do not assume a loss is unclaimed just because you lack a receipt.

Are future losses speculative — can I really claim for things that have not happened yet?

Yes. Future losses are a well-established part of personal injury claims in England and Wales. They must be based on medical evidence (confirming the lasting impact of your injury) and, for large future earnings claims, actuarial evidence. Courts use the Ogden Tables to calculate them consistently and fairly.

Does no win, no fee cover both types of damages?

Yes. A Conditional Fee Agreement covers the pursuit of your entire claim — both general and special damages. Your solicitor’s success fee is calculated as a percentage of the total award, subject to the 25% cap on certain elements.

This article is for general information purposes only and does not constitute legal advice. It applies to the law of England and Wales as at June 2026. For advice specific to your circumstances, please contact NJS Law directly. Compensation figures are taken from the Judicial College Guidelines (18th edition, April 2026) and are subject to change.

For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s personal injury claims service page.

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