How Much Can I Receive for Pain and Suffering Compensation UK?

If you’ve had an accident that wasn’t your fault, or if you’ve been injured or incurred an illness at the hands of someone’s negligence, you can claim personal injury compensation. The aim of compensation is to ensure that you are financially compensated for the stress and trauma of your situation, as well as to help cover any medical bills or loss of earnings as a result of your injury or illness.

In addition to the above, the amount of compensation you may be entitled to could also include money for the pain and suffering you’ve experienced. In this blog, we’re going to look at UK pain and suffering compensation in more detail, aiming to give you a better insight of what it is and how much you could receive if you win your personal injury or medical negligence case.

What is Pain and Suffering Compensation?

The term ‘pain and suffering’ may appear to be quite broad, but from a legal standpoint, there are two types of pain and suffering that stem from personal injury claims:

Physical pain and suffering

The first type is physical pain and suffering. This refers specifically and exclusively to the physical pain your injuries or illness cause, and it extends to any future pain, suffering, and discomfort they may go on to cause. For example, if you broke your back, you’re likely to experience excruciating pain that could last for years. In this case, the pain you’ve experienced already and the pain you’re likely to experience moving forward will both be taken into consideration. Hearing loss, multiple fractures, and permanent damage through the form of lacerations, botched operations and amputations can all cause pain and suffering.

Mental pain and suffering

Mental pain and suffering often stems from the accident or injury itself, and can include feelings of anxiety, depression, emotional distress, shock, anger, fear and worry. Post-traumatic stress disorder (PTSD), sleep issues, appetite problems and even sexual dysfunction can also fall under the bracket or mental pain and suffering. Using the example above, if you break your back, you might not just experience physical pain, but you could experience feelings of depression because your life might not be the same as it was before. You might also feel anxious and lose sleep over how you’re going to support yourself and/or your family if you can’t work anymore.

Like physical pain and suffering, future mental pain and suffering is also taken into account when calculating compensation. The compensation you receive for pain and suffering tends to fall under general damages, so you might not outwardly get awarded pain compensation, but it will be included under general damages if awarded to you.

How Much Compensation Can You Get for Pain and Suffering?

There is no definitive answer for how much money you could be awarded for pain and suffering as it depends on your individual circumstances. To help you understand, below are two examples where the compensation awarded for pain and suffering could be different.

An example might be someone involved in a minor car crash, resulting in a strained muscle in the back. Though not a serious injury, the strained muscle will have caused pain for several weeks and subsequently, the victim may have had to withdraw from a sporting event they had been planning to do, for example. Withdrawing from an event they had trained for and were looking forward to will have resulted in the victim feeling frustrated and upset. This would still qualify as pain and suffering, though to a minor degree because there were no severe injuries, and so the compensation awarded would also be minor.

The second example could be someone who was also involved in a road traffic accident, but they sustained a fractured skull, broken ribs, a punctured lung and a broken leg. These injuries caused significant physical pain and suffering for months, meaning the victim was unable to work. The victim also became depressed and suffered from PTSD as a result of the accident, hindering their ability to socialise and go out. In this case, the physical and mental pain and suffering is significant and is likely to continue well into the future, meaning the compensation awarded is greater than in the first example.

Generally speaking, the more medical treatment an injured person requires and the more serious their injuries are, the higher the general damages compensation is likely to be. The long term pain and suffering caused by soft tissue injuries is likely to be far less than that caused by severe brain damage through a head injury, hence personal injuries that are more serious tend to be granted more compensation.

If you make a personal injury claim, your medical records will be examined, and you will be assessed by medical professionals to determine whether you can recover from your injuries and if so, how long it might take. This information, paired with statements from yourself and those who treated you regarding your pain, potential loss of earnings, and previous case studies that are similar to your case, will all be considered when determining a figure for compensation.

Making a Personal Injury Claim

If you want to make a claim for pain and suffering, it will fall under a personal injury or clinical negligence claim, both of which tend to be handled by personal injury lawyers. For such a claim to be successful, you need to ensure you make your claim within three years of the accident occurring (or within three years of it becoming apparent that it was caused by negligence from a third party). You also need to prove that the pain and suffering you have gone through would not have existed if a duty of care was followed.

On top of this, you will need some evidence to strengthen your claim. This evidence may include:

  • All relevant medical documents including therapy session logs where mental pain and suffering is concerned
  • Medical professional opinions and conclusions on your injury and the suffering you have endured, including a neutral third party opinion
  • Notes and accounts from yourself on what you have gone through and how it’s made you feel
  • Witness testimony from anyone who was there when the accident or negligence occurred
  • Testimony from loved ones on how your life has been impacted by the events and the pain you’ve experienced
Pain and suffering can be hard to prove because it’s not necessarily quantifiable, but the more evidence you have from experts and those around you on your condition and how your life has changed and is likely to continue to be impacted, the stronger your case will be. Personal injury solicitors can help you collect the evidence you need to win your personal injury case. It’s not recommended that personal injury cases are brought forwards without specialist solicitors representing you.

Claiming Personal Injury Compensation with OH Parsons

At OH Parsons, we are experts in personal injury and medical negligence claims. We have helped tens of thousands of people get the compensation they deserve after enduring pain and suffering as a result of someone else’s negligence, and we could help you next. We work on a no win no fee basis and have more than 70 years of experience. As a result of that experience large organisations such as trade unions instruct us to deal with their members’ claims. We are regulated by the Solicitors Regulation Authority. 

We offer a free initial consultation with a personal injury solicitor to discuss your case and whether we think you could win it. Following this, we can provide you with expert legal advice and representation, ensuring those responsible are held to account and you receive financial compensation to cover your medical bills, care needs, and reduce the burden of a lost income moving forwards.

To find out more or to start a claim, please contact us.

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