People suffer injuries from accidents at home, on the road as well as from work hazards. However, certain times these injuries could be caused by the negligence or carelessness of another person leaving you in avoidable pain and suffering. In such cases, claiming a pain and suffering compensation can be very possible and the amount you can claim as per your personal injury claims will depend on the nature of the accident and the severity of the injuries suffered.
Pain and suffering compensation will include compensating you for having to go through the physical and/or emotional pain and suffering that you otherwise would never have gone through if the injury or accident never occurred.
Some of these pains and suffering may be for a short time, while others may be permanent. These will be put into consideration while making calculations with our compensation payout calculator.
The aim of the compensation is to ensure that you are financially compensated for the stress and trauma of your situation and also to help you access better treatment and pay for medical bills as well as compensate for lost earnings. Therefore, proper documentation of events and provision of evidence are critical towards proving NHS clinical negligence or making a successful claim for personal injury.
What is Pain and Suffering Compensation?
Here we will look at pain and suffering from two areas-
- Physical pain and suffering
- Mental pain and suffering
Physical Pain And Suffering
Physical pain and suffering refers specifically and exclusively to the physical pain suffered from your injuries or illness. It also includes any future pain, discomfort or suffering the injury suffered will continue to cause you. For instance, for a person who broke his arm, you may experience chronic pain for years. Therefore, the pain you have already experienced and the one you are likely to experience will be taken into consideration.
Mental Pain And Suffering
Mental pain and suffering can come from the injury or harm suffered. Feelings of depression, emotional distress, anxiety, shock, fear or anger including Post-traumatic stress disorder (PTSD), sleep disorders, appetite problems and even sexual dysfunction all fall under mental pain and suffering.
For instance, using the case of the person who broke his arm, apart from the physical pain, you may also be depressed, lose sleep, feel anxious and emotionally distressed if you are not able to use the arm to work as before and provide for/support your family.
Therefore, any form of mental pain and suffering you go through will also be taken into account while calculating your compensation.
The compensation you will receive for your pain and suffering will generally fall under general damages (taking into account the type of injury suffered) and special damages (taking into account the severity of suffering, financial losses incurred, medical bills, etc.).
NHS Compensation Payouts Guide For Pain And Suffering
When making a personal injury claim or Hospital claims for Doctor or GP negligence, there are a number of factors that medical negligence solicitors, guide insurance companies, judges and juries take into account when calculating your settlement;
- The seriousness or nature of the negligent behavior by the defendant
- Severity of your injuries
- The overall physical and mental pain suffered by people who have suffered those types of injuries
- The impact of the injuries on your life
- Your employment status
- Your health and how long the injury will take to heal
- What medical treatments you have received and will need to continue to receive
- Prognosis of the injury
- Financial losses
With this in mind the victim support compensation calculator can be used to give you an idea of what you will receive.
List of Compensation Payouts 2023 in the UK
|Injury Type||Typical Award Bracket||Description|
|Severe psychiatric damage||£54,830 to £115,730||In these cases, the injured person will have marked problems with respect to their ability to cope with life, education and work and relationships with family and friends. The prognosis will be very poor.|
|Moderately severe psychiatric damage||£19,070 to £54,830||In these cases, there will be significant problems associated with factors mentioned above but the prognosis will be much more optimistic than in the bracket above.|
|Moderate psychiatric damage||£5,860 to £19,070||While there may have been the sort of problems associated with factors mentioned above, there will have been marked improvement by trial and the prognosis will be good.|
|Less severe psychiatric damage||£1,540 to £5,860||The level of the award will take into consideration the length of the period of disability and the extent to which daily activities and sleep were affected.|
|Severe PTSD||£59,860 to £100,670||In these cases, PTSD will prevent the injured person from working at all or at least from functioning at anything approaching the pre-trauma level.|
|Moderately severe PTSD||£23,150 to £59,860||The effects are still likely to cause significant disability for the foreseeable future, however, the prognosis for some recovery with professional help will be better than in the above bracket.|
|Moderate PTSD||£8,180 to £23,150||The injured person will have largely recovered and any continuing effects will not be grossly disabling.|
|Less severe PTSD||£3,950 to £8,180||A virtually full recovery will have been made within one to two years and only minor symptoms will persist|
Some of the documents you will need to support your case while claiming for pain and suffering compensation include-
- Your comprehensive statement of the events as they happened.
- Detailed documentation of your pain scales, and how the accident has impacted your life, and changed your ability to perform daily activities.
- Any visits to medical professionals including physical and mental health therapy sessions.
- Written notes or doctor’s report on the extent and nature of your condition and how it will affect you in the future.
- Testimonies from a neutral third-party eye witness.
- List of medications prescribe and those you will have to continue to take in perpetuity.
- Testimony from your family or friends who can describe not just your pain and suffering but also how they impact you daily.
- Opinions of a neutral medical expert which will support the evidence provided by your doctor or therapist.
Talk to us for Pain and Suffering Claims
Proving pain and suffering can be quite difficult because it is not necessarily quantifiable but the more evidence you are able to provide, the stronger your case and the better your chances at winning.
Therefore, you need expert personal injury solicitors to help you with your claims. Here at MND, our experts will take up your claim on a no win no fee basis. This means you do not have to pay before we begin to handle your claims, you will also not incur any debt even if the claims fails to be successful.
Our records at winning cases like this are fantastic as our solicitors are experts in these claims. Also, remember that you have a limited time of three years from the day the injury occurred to make your claims.