How much compensation will I get for broken tibia compensation?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
The amount of broken tibia compensation you are eligible to receive relies entirely on your case’s individual merits. Personal injury compensation is calculated by encompassing a number of elements and the value assigned to each element depends on your personal situation. Therefore, no two compensation claims are exactly alike, even when two victims sustain the same injury in similar circumstances.
The first element of your broken tibia compensation claim that is calculated would be for your pain and suffering. The severity and permanence of your injury would be considered and it would be measured against a claims calculator. The value assigned would then be altered to reflect your age, general state of health prior to the accident and – in some cases – your sex. If you have experienced any quantifiable psychological trauma, you may be eligible to claim compensation for this element by undergoing a psychiatric evaluation.
It is also possible to receive compensation for your “loss of amenity”. This refers to any detriment to your quality of life. For example, you were a keen amateur soccer player but your injury has prevented you from partaking in this activity, or perhaps you are unable to perform everyday tasks. You may also qualify for the recovery of any expenses you have incurred that are directly attributable to your injury; medical costs, for example, or public transport fares if you are unable to drive.
There are some instances where the true value of your broken tibia compensation may be reduced. If you are accused of “contributory negligence”, for example, meaning that you contributed to the severity of your injury or even the accident itself. One occasion where this could apply would be if you had not been wearing your seatbelt. Another example of a potential reduction of the amount of compensation you should qualify for would be if you were approached by the negligent party’s insurance company with an unsolicited offer of compensation. Rarely do these offers include the element of loss of amenity as they would generally calculate the settlement offer by measuring your injury against an online calculator or by referring to a previous similar case.
Such an offer should be referred to a solicitor as soon as practically possible. He or she would be able to assess your case and the offer made by the negligent party’s insurers to determine whether or not it is acceptable or whether they would advise that you consider initiating legal action.
Most solicitors offer a free initial consultation – regardless of if you have received an offer of compensation – where they can answer any questions you have regarding your broken tibia compensation claim and where they can usually give a preliminary estimate on how much compensation you are likely to receive.