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Amounts are based on government 'Guidelines for assessment of general damages in personal injury cases'
Where a full recovery takes place within a period of about one to two years.
Injuries such as fractures or dislocations which cause severe immediate symptoms and which may necessitate spinal fusion.
Neck injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis.
Where a full recovery or a recovery to nuisance level takes place without surgery within about two to five years.
Many frequently encountered injuries to the back such as disturbance of ligaments and muscles giving rise to backache, soft tissue injuries resulting in a prolonged acceleration and / or exacerbation of a pre-existing back condition.
Cases of the most severe injury involving damage to the spinal cord and nerve roots, leading to a combination of very serious consequences not normally found in cases of back injury.
In these cases brain damage, if any, will have been minimal. The bottom of the bracket will reflect full recovery within a few weeks.
Good recovery, able to return to work and social life, but persisting problems such as poor concentration or memory.
This category is distinguished from the moderately severe category by the fact that the degree of dependence is markedly lower.
The insured person will be very seriously disabled. There will be substantial dependence on others and a need for constant professional and other care.
In cases at the top of this bracket there may be some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns and postural reflex movement.
Soft tissue injury to your shoulder with considerable pain but almost complete recovery within one to two years.
Frozen shoulder with limitation of movement and discomfort with symptoms persisting for about two years. Also soft tissue injuries with more than minimal symptoms persisting after two years but not permanent.
Dislocation of the shoulder and damage to the lower part of the brachial plexus causing pain in shoulder and neck, aching in elbow, sensory symptoms in the forearm and hand, and weakness of grip or a fractured humerus leading to restricted shoulder movement.
Often associated with neck injuries and involving damage to the brachial plexus resulting in significant disability.
The level of the award will depend on extent of fracture, level of disability, residual symptoms, and whether temporary or permanent, and whether union is anatomically displaced.
In these cases the injured person will have recovered completely within a few weeks.
In this bracket fall cases of minor injuries, such as being struck in the eye, exposure to fumes including smoke, or being splashed by liquids, causing initial pain and some temporary interference with vision.
Minor but permanent impairment of vision in one or both eyes, including cases where there is some double vision which may not be constant, and cases of permanent sensitivity to bright light.
Cases of serious but incomplete loss of vision in one eye without significant risk of loss or reduction of vision in the remaining eye, or where there is constant double vision.
This award takes account of some risk of sympathetic ophthalmia.
The level of the award within the bracket will depend on age, psychiatric consequences, and cosmetic effect.
Where there is serious risk of further deterioration in the remaining eye, going beyond some risk of sympathetic ophthalmia.
Total blindness in both eyes.
Such cases must be considered as ranking with the most devastating injuries.
Slight NIHL without tinnitus or slight tinnitus without NIHL.
Mild tinnitus with some NIHL.
Moderate tinnitus and NIHL or moderate to severe tinnitus or NIHL alone.
Severe tinnitus and NIHL.
Cases will tend towards the higher end of the bracket where there are associated problems, such as tinnitus, dizziness or headaches.
The lower end of the bracket is appropriate for cases where there is no speech deficit or tinnitus. The higher end is appropriate for cases involving both of these.
Such cases arise, for example, where deafness has occurred at an early age so as to prevent or seriously affect the development of normal speech.
Simple undisplaced fracture with full recovery.
Displaced fracture where recovery is complete but only after surgery.
Serious fractures requiring surgery but with lasting consequences such as paraesthesia in the cheeks or the lips or some element of disfigurement.
Serious fracture with permanent consequences such as difficulty in opening the mouth or with eating or where there is paraesthesia in the area of the jaw.
Very serious multiple fractures followed by prolonged treatment and permanent consequences, including severe pain, restriction in eating, paraesthesia, and/or the risk of arthritis in the joints.
Loss of or serious damage to several front teeth.
Trivial scarring where the effect is minor only.
Less significant scarring where there may be but one scar or several very small scars which mar but do not markedly affect appearance.
Significant scarring where the worst effects have been or will be reduced by plastic surgery leaving some cosmetic disability.
Less severe scarring where the disfigurement is still substantial and where there is a significant psychological reaction.
Very severe scarring in relatively young claimants where the cosmetic effect is very disfiguring and the psychological reaction severe.
The effect of such an injury is to reduce a person with full awareness to a state of considerable helplessness.
Arm amputated at the shoulder.
A shorter stump may create difficulties in the use of a prosthesis. Amputation through the elbow will normally produce an award at the bottom end of the bracket.
Amputation through the forearm with residual severe organic and phantom pains would attract an award at the top end of the bracket.
While there will have been significant disabilities, a substantial degree of recovery will have taken place or will be expected.
Simple Fractures of the Forearm.
A Severely Disabling Injury.
Injuries causing impairment of function but not involving major surgery or significant disability.
Most elbow injuries fall into this category. They comprise simple fractures, tennis elbow syndrome and lacerations; i.e., those injuries which cause no permanent damage and do not result in any permanent impairment of function.
Undisplaced or minimal displaced fractures and soft tissue injuries necessitating application of plaster or bandage for a matter of weeks and a full or virtual recovery within up to 12 months or so.
Where these still result in some permanent disability as, for example, a degree of persisting pain and stiffness.
Injuries resulting in complete loss of function in the wrist, for example, where an arthrodesis has been performed.
Serious injury resulting in extensive damage to both hands such as to render them little more than useless.
This bracket will apply to a hand which was crushed and thereafter surgically amputated or where all fingers and most of the palm have been traumatically amputated.
Such injuries will have given rise to permanent cosmetic disability and significant loss of function.
Loss of Thumb.
Such injuries may involve amputation of the tip, nerve damage or fracture necessitating the insertion of wires as a result of which the thumb is cold and ultra-sensitive and there is impaired grip and loss of manual dexterity.
These are injuries such as those necessitating arthrodesis of the interphalangeal joint or causing damage to tendons or nerves.
Total Loss of Index Finger.
Crush injuries, penetrating wounds, soft tissue type and deep lacerations. The top of the bracket would be appropriate where surgery has failed and permanent disability remains. The bottom of the bracket would be appropriate for permanent but non-intrusive symptoms.
This will include fractures which generally have recovered in six months. Also injuries such as scarring, tenderness, and reaction to the cold where there is full recovery.
Extensive fractures of the pelvis involving, for example, dislocation of a low back joint and a reputed bladder, or a hip injury resulting in spondylolisthesis of a low back joint with intolerable pain and necessitating spinal fusion.
Significant injury to the pelvis or hip but any permanent disability is not major and any future risk not great.
Cases where despite significant injury there is little or no residual disability. Where there has been a complete recovery within two years, the award may but is unlikely to exceed the mid-point in the range.
This is the appropriate award where both legs are lost above the knee or one leg has been lost above the knee at a high level and the other leg has been lost below the knee.
The level of the amputations will be important, with an award at the top of the bracket appropriate where both legs are amputated just below the knee.
The award will depend upon such factors as the level of the amputation; the severity of any phantom pains; associated psychological problems; the success of any prosthetics; any side effects such as backache and the risk of developing osteoarthritis in the remaining joints of both lower limbs or in the hips and spine.
The straightforward case of a below-knee amputation with no complications would justify an award towards the bottom of this bracket. At or towards the top of the range would come the traumatic amputation which occurs in a devastating accident.
Some injuries, although not involving amputation, are so severe that the courts have awarded damages at a similar level. Such injuries would include extensive degloving of the leg, where there is gross shortening of the leg, or where fractures have not united and extensive bone grafting has been undertaken.
Injuries leading to permanent problems with mobility, the need for crutches or mobility aids for the remainder of the injured person's life; injuries where multiple fractures have taken years to heal, required extensive treatment, and have led to serious deformity and limitation of movement, or where arthritis has developed in a joint so that further surgical treatment is likely.
Serious compound or comminuted fractures or injuries to joints or ligaments resulting in instability, prolonged treatment, a lengthy period of non-weight-bearing, the near certainty that arthritis will ensue; extensive scarring. To justify an award within this bracket a combination of such features will generally be necessary.
This bracket includes complicated or multiple fractures or severe crushing injuries, generally to a single limb.
Fractures from which an incomplete recovery is made or serious soft tissue injuries.
Simple fracture of a femur with no damage to articular surfaces.
Serious knee injury where there has been disruption of the joint, the development of osteoarthritis, gross ligamentous damage, lengthy treatment, considerable pain and loss of function, an arthroplasty or arthrodesis has taken place or is inevitable.
Leg fracture extending into the knee joint causing pain which is constant, permanent, limiting movement or impairing agility, and rendering the injured person prone to osteoarthritis and at risk of arthroplasty.
Less severe injuries than those above and/or injuries which result in less severe disability. There may be continuing symptoms by way of pain and discomfort and limitation of movement or instability or deformity.
Injuries involving dislocation, torn cartilage or meniscus which results in minor instability, wasting, weakness, or other mild future disability. This bracket also includes injuries which accelerate symptoms from a pre-existing condition over a prolonged period of years.
Injuries similar to those above but less serious and involving shorter periods of acceleration or exacerbation, and also lacerations, twisting, or bruising injuries. Where there is continuous aching or discomfort, or occasional pain, the award will be towards the upper end of the bracket. A soft tissue strain-type injury that does not significantly impact on daily activities and gradually resolves within six to seven months might be expected to attract an award in the region of £2,980.
Examples of injuries falling within this bracket are limited and unusual. They include cases of a transmalleolar fracture of the ankle with extensive soft-tissue damage resulting in deformity and the risk that any future injury to the leg might necessitate a below-knee amputation, or cases of bilateral ankle fractures causing degeneration of the joints at a young age so that arthrodesis is necessary.
Injuries necessitating an extensive period of treatment and/or a lengthy period in plaster or where pins and plates have been inserted and there is significant residual disability in the form of ankle instability and severely limited ability to walk.
Fractures, ligamentous tears and the like which give rise to less serious disabilities such as difficulty in walking on uneven ground, difficulty standing or walking for long periods of time, awkwardness on stairs, irritation from metal plates and residual scarring.
The less serious, minor or undisplaced fractures, sprains and ligamentous injuries. Where recovery is complete without any ongoing symptoms or scarring, the award is unlikely to exceed £10,170. Where recovery is complete within a year, the award is unlikely to exceed £7,270.
The position within the bracket will be determined by, for example, whether or not the amputation was traumatic or surgical and the extent of the loss of the forefoot together with the residual effects on mobility.
Amputation of the Great Toe
This is the appropriate bracket for severe crush injuries, leading to amputation of one or two toes (other than the great toe) or falling short of the need for amputation or necessitating only partial amputation. It also includes bursting wounds and injuries resulting in severe damage and in any event producing significant continuing symptoms.
Such injuries will be serious injuries to the great toe or crush and multiple fractures of two or more toes. There will be some permanent disability by way of discomfort, pain, or sensitive scarring to justify an award within this bracket.
These injuries include relatively straightforward fractures or the exacerbation of a pre-existing degenerative condition or laceration injuries to one or more toes. Cases involving prolonged minor symptoms and/or the need for surgery resulting in prolonged discomfort and permanent scarring are likely to justify awards towards the upper end of this bracket. Only £7,380 or less would be awarded for straightforward fractures or crushing/soft tissue injuries of one or more toes with complete resolution or near complete resolution.
Damage to hair in consequence of defective permanent waving, tinting, or the like, where the effects are dermatitis, eczema or tingling or 'burning' of the scalp causing dry, brittle hair, which breaks off and/or falls out, leading to distress, depression, embarrassment and loss of confidence, and inhibiting social life.
Less serious versions of the above where symptoms are fewer or only of a minor character; also, cases where hair has been pulled out leaving bald patches.
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