Compensation & How It's Calculated — 16 Frequently Asked Questions
Compensation for a personal injury claim in England and Wales is split into general damages (for the pain, suffering, and loss of amenity caused by the injury itself, guided by the Judicial College Guidelines) and special damages (your actual financial losses — lost earnings, medical costs, care, and more). Both are added together to reach your total award.
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How is compensation calculated for a personal injury claim?
Compensation ("damages") is split into general damages (for pain, suffering, and loss of amenity) and special damages (your actual financial losses), with general damages guided by the Judicial College Guidelines and case law for similar injuries.
What is the difference between general and special damages?
General damages compensate the injury itself — the pain and impact on your life — while special damages reimburse specific financial losses like lost earnings, medical costs, travel expenses, and care costs, each requiring its own evidence.
Can I claim for loss of earnings?
Yes, both for time already off work and, in more serious cases, for a reduced future earning capacity — the latter usually requires expert evidence on how your injury affects your career prospects.
What are the Judicial College Guidelines?
They're a widely-used reference publication setting out compensation brackets for different types and severities of injury, based on reported court decisions, and are periodically revised — solicitors and courts use them as a starting point for valuing general damages.
Can I claim for future medical costs?
Yes, including private treatment, ongoing physiotherapy, medication, and equipment you're likely to need going forward, provided this is supported by medical evidence on your prognosis.
What is a Part 36 offer, and how does it affect what I get?
It's a settlement offer with cost consequences attached — accepting or rejecting one at the wrong time can affect who pays legal costs, so it's not just about the headline compensation figure.
Can I claim for rehabilitation costs?
Yes — costs of physiotherapy, counselling, occupational therapy, and other treatment aimed at your recovery are recoverable as part of your claim, and can often be funded by the other side early on under the Rehabilitation Code.
What is a Smith v Manchester award?
It's a lump sum awarded where an injury doesn't currently stop you working but puts you at a disadvantage in the job market if you ever need to find new work — compensating for that risk rather than an actual loss of current earnings.
Can I claim for care provided by a family member?
Yes — if a relative or friend has provided care because of your injury, you can claim for the value of that care (even though they weren't paid), based on commercial care rates, discounted to reflect it being informal, unpaid care.
What if my injury affects my ability to do housework or DIY?
You can claim for "loss of amenity" or "handicap on the labour market" style losses covering tasks you can no longer do yourself, valued either as the cost of hiring help or as a broader damages uplift.
Is compensation for personal injury taxed?
No — compensation for personal injury is generally not subject to income tax or capital gains tax in the UK, whether received as a lump sum or in instalments.
What if I need adapted housing because of my injury?
In serious injury cases, compensation can include the cost of adapting your home (or moving to a suitable one) to accommodate mobility needs, care equipment, or other consequences of the injury.
Can compensation include the cost of a case manager?
Yes, in serious or catastrophic injury cases, the cost of a professional case manager who coordinates your care, therapy, and support services can be included in your claim.
Why do compensation amounts vary so much between similar-sounding injuries?
Because valuation depends on the specific severity, duration, ongoing impact, and evidence in each individual case — two people with a similarly-labelled injury can have very different levels of pain, recovery time, and life impact, which is exactly why a solicitor's individual valuation matters.
Can I claim compensation for a miscarriage caused by negligence?
Yes. The 18th edition of the Judicial College Guidelines, published in April 2026, introduced a dedicated bracket for miscarriage, currently ranging from about £2,750 to £17,000. Where a case falls within that range depends on factors including the stage of gestation, how long any pain and physical symptoms lasted, and whether there is any continuing effect on future conception.
Which edition of the Judicial College Guidelines applies now?
The 18th edition, published on 9 April 2026. It raised most general damages brackets by roughly 8.26% to reflect Retail Prices Index inflation to August 2025, and added a new bracket for miscarriage as well as revised wording for epilepsy and for sexual and physical abuse claims.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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