If you have been injured in an accident that was someone else's fault, one of the first questions is naturally "how much could my claim be worth?" In England and Wales, compensation (called "damages") is calculated in a structured way, and the value depends heavily on the injury and your financial losses. Here is how personal injury claims are valued, in plain English.
Two main types of damages
Compensation is split into two parts:
- General damages, for the pain, suffering and loss of amenity (the impact on your life) caused by the injury itself. These are not about money you have spent.
- Special damages, for your actual financial losses caused by the injury, such as lost earnings, medical and treatment costs, care, travel, and the cost of equipment or adaptations.
How general damages are assessed
The amount for the injury itself is guided by the Judicial College Guidelines, which set out brackets for different injuries by type and severity (for example, ranges for a wrist fracture, a back injury, or a head injury). Courts and lawyers use these brackets, together with comparable past cases and a medical report, to value your injury. More serious and longer-lasting injuries fall into higher brackets. Important exception: for qualifying road-traffic accident whiplash injuries in England and Wales, general damages for pain, suffering and loss of amenity are assessed under a statutory tariff regime (subject to limited uplift) rather than the Judicial College Guidelines. Other injuries in the same accident and all special damages may still require separate valuation.
How special damages are calculated
Special damages aim to put you back, financially, in the position you would have been in. They include:
- past losses, earnings, expenses and care you have already incurred; and
- future losses, ongoing care, lost future earnings, and future treatment.
For future losses, the courts use the Ogden Tables, actuarial tables that convert an annual loss into a lump sum, taking account of how long the loss will continue and a prescribed discount rate.
Fatal cases
Where an injury proves fatal, dependants and others may claim under the Fatal Accidents Act 1976 (for loss of dependency and a bereavement award), and the estate may have its own claim.
How claims are usually funded
Many personal injury claims are funded by a Conditional Fee Agreement (CFA) (a "no win, no fee" arrangement) often alongside After the Event (ATE) insurance to cover certain costs if the claim fails. A helpful protection is qualified one-way costs shifting (QOCS), which generally means an unsuccessful claimant will not have to pay the defendant's costs, subject to exceptions.
What affects the value?
- the severity and duration of the injury, and the prognosis;
- your financial losses, especially lost earnings and future care;
- any contributory negligence (if you were partly at fault, your damages can be reduced); and
- the strength of the evidence (medical reports, records and proof of loss).
Because every case is different, a solicitor will assess your specific circumstances.
Key takeaways
- Damages have two parts: general (for the injury, pain, suffering and loss of amenity) and special (your financial losses).
- General damages are guided by the Judicial College Guidelines and comparable cases; future losses use the Ogden Tables.
- Fatal cases are governed by the Fatal Accidents Act 1976.
- Claims are often funded by CFAs with ATE insurance, with QOCS protecting most claimants from paying the other side's costs.
Sources
- Judicial College Guidelines for the Assessment of General Damages
- The Ogden Tables (future loss multipliers); Fatal Accidents Act 1976
- Conditional Fee Agreements, After the Event insurance and qualified one-way costs shifting
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.