Amount of Compensation
In order to
promote consistency and assist the courts, personal
injury solicitors and other advisers, the Judicial
Studies Board publish a set of guidelines for the level
of injury awards for a broad range of injuries. The
information, which follows, has been taken from those
guidelines. Whilst the guidelines are very useful and
provide a good general indicator of the level of damages
which may be paid, it should be remembered that no two
cases are ever the same and general damage claims
for injuries resulting from accidents will always
reflect the individual circumstances of the particular
in dividual and the injuries he or she has suffered and
claims will be assessed accordingly.
Claims for Lung Disease
Claims awards for compensation in this area are often made on an interim basis where the disease is at an early stage and where there is a likelihood of a worsening of the condition. On the other hand, where the level of disease is fairly advanced, and it is clear that the condition will worsen, claims may be paid that the upper end of the scale. The range of compensation awards is very wide going from £1,000 all the way up to £70,000.
Where the victim is a young person who is already suffering quite seriously and where the likelihood is that the condition will get worse and lead to premature death, claims for compensation would expect to be settled in the range £52,000 to £70,000.
Where the claimant is an older person suffering severe pain with some loss of function and quality of life, but the condition is still quite serious, claims settlement would probably be slightly lower. Claims in these circumstances would expect to be paid somewhere between £41,250 to £52,000.
In claims where the sufferer has significant, but not the most serious deterioration of lung function and there is some difficulty with breathing coupled, perhaps, with difficulties in sleeping and frequent coughing, claims should be paid in the region of £28,500 to £41,250.
Moving down the scale, the disease may be such as to cause breathing difficulties and require fairly frequent use of an inhaler, there may be inability to cope with smoky conditions and there may be a significant effect on working and social life. Claims for compensation made by victims suffering those kinds of difficulties should attract payments of between £16,500 and £28,500.
Claims in the bottom bracket, in
other words those claims paid in the sums of £1,000
through to £16,500 range from claims made for transient
aggravation of existing conditions such as bronchitis or
asthma where the problems lasts only a few weeks.
Progression is made up the compensation claims bracket
where there are difficulties lasting for longer periods.
Interference with breathing is more significant than the
level of interference with working and social life.
To make a claim either call
Accident Aid on 0800 180 4780 or forward your query
without any obligation to Accident Aid by email and you
will be contacted by an accident injury lawyer who will
advise as to whether you may be entitled to claim
compensation for your injury and any other losses you
may have sustained.