If you’ve been injured as a result of someone else’s negligence, you may be wondering how to prove it. If you’re asking yourself ‘do I need a medical assessment to claim compensation?’, then the answer is generally, yes.
Generally to make a successful personal injury claim, you’ll need to undergo a medical assessment. This is to help evidence your suffering. The findings included in the resulting medical report can go a long way to helping you get the compensation that you deserve, which can be calculated once the severity of your suffering is confirmed.
In this guide, we’ll explore the importance of medical assessments in personal injury claims. We will discuss what you can expect from attending an assessment. If you’d like to discuss your case to see whether you could have a valid claim, please speak to our team of advisors today:
- Call our team on 0161 696 9685
- Chat about what happened using the pop-up on your screen
- Complete a contact form on our website
If your claim meets basic eligibility criteria, our team could connect you with our panel of personal injury solicitors to handle your claim. They have years of experience, equipping them with the skill and expertise to help you get the most out of your claim.
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- A Guide On If You Need A Medical Assessment To Claim Compensation
- Personal Injury Compensation Calculator
- Special Damages You Could Claim
- What Is A Medical Assessment?
- What Is A Medical Report?
- Why Are Medical Assessments Important?
- Do I Have To Get A Medical Assessment?
- Who Will Carry Out My Medical Assessment?
- What Happens At My Medical Appointment?
- What Will Happen After My Medical Examination?
- Will The Independent Expert And Solicitor Need To See My Medical Records?
- How Do I Start A Personal Injury Claim?
- No Win No Fee Personal Injury Claims
- Contact Us
- Supporting Guides
- Medical Assessment FAQs
In this guide, we’ll discuss the two types of damage that you could be compensated for: general and special damages. Whereas special damages can be claimed to recover any financial losses you suffered due to your injury, general damages cover the pain and suffering of the injury itself.
At this point, you may be wondering how to evidence this damage. You may be asking yourself ‘do I need a medical assessment to claim compensation?’. The answer to that question is generally, yes. In most cases, you’ll need a medical report from independent medical experts to validate your suffering.
With this in mind, we’ll discuss why medical assessments are a necessary part of the claims process. We also look to give you an idea of what they often entail. Furthermore, we’ll discuss how to work out how much you could be entitled to for your injuries. You could do this by using compensation brackets from the Judicial College Guidelines as guidance.
Lastly, we’ll explore how a personal injury lawyer could help you through the claims process on a No Win No Fee basis. They could even organise your medical assessment on your behalf. So, please read on to learn more about medical assessments and their role in personal injury claims.
The Judicial College guidelines (JCG) is a publication that contains a wide range of injury types and accompanying compensation brackets. Though these figures by no means guarantee how much you could be able to claim for your injuries, they can help you form a more accurate idea of what you could be entitled to. The Judicial College guidelines come from values of past personal injuries.
However, every case is different and multiple factors make up a final settlement amount, including how severely you suffered. Below, we’ve included some example compensation brackets for general damages from the JCG:
|Brain or head injury||Minor||£2,070 to £11,980|
|Neck||Severe||£61,710 to £122,860|
|Shoulder||Moderate||£7,410 to £11,980|
|Back||Moderate||£26,050 to £36,390|
|Arm||Less severe||£18,020 to £36,770|
|Elbow||Less severe||£14,690 to £30,050|
|Hand||Moderate||£5,260 to £12,460|
|Pelvis||Lesser injuries||£3,710 to £11,820|
|Leg||Very serious||£51,460 to £85,600|
|Knee||Severe||£65,440 to £90,290|
|Ankle||Moderate||£12,900 - £24,950|
|Foot||Modest||Up to £12,900|
|Psychiatric damage||Severe||£51,460 to £108,620|
|PTSD||Moderate||£7,680 to £21,730|
|Eye||Minor||£3,710 to £8,200|
|Hearing loss/tinnitus||Severe||£27,890 to £42,730|
In addition to general damages, you could also be compensated for special damages in your personal injury claim. Special damages can be claimed to cover any out of pocket costs or financial losses you may have incurred due to your injury.
After sustaining an injury or suffering from a bout of ill-health, numerous financial problems can arise as a result. Some examples of these that you may be able to recover by claiming special damages include:
- Medical expenses
- Loss of earnings, including future loss of earnings
- Travel costs, such as to and from hospital appointments
- Adaptations to your home
- Domestic help, such as hiring a cleaner
- Care costs, whether professional or gracious (from loved ones)
It’s important to note that in order to be able to recover any of these costs, you must be able to evidence them. This can be done by retaining receipts, bank statements and the like.
If you’re interested in seeing what losses you could be able to recover as special damages, please don’t hesitate to get in touch today. Our advisors can offer a free consultation. In addition to giving you an idea of how much you could claim, a solicitor from our panel can help you track any ongoing payments and even ensure you’re including any losses that you may have missed. The more detail you give, the more you could be able to include in your claim when calculating a settlement estimate
If you’re unfamiliar with medical assessments, they are simply a means of identifying how you’ve been impacted because of your injury. By undergoing a medical assessment, an independent medical professional, such as a doctor, can evaluate your overall health.
Once this is done, they can paint a picture of your overall health within a medical report. This will summarise how you’ve been impacted by your injury. This evaluation will cover everything from any injuries that you sustained to how your quality of life has been affected. What’s more, any potential future issues that could arise over time or in later life will be included.
A medical report is a document that summarises the findings of your medical assessment. For the purposes of making a personal injury claim, your medical report will focus on the areas of your health that have been impacted. It could also highlight any potential for future issues.
The report must be produced by a certified health practitioner, a GP, or a specialist in that field. As is the case with all of your medical records, you are entitled to see a copy of your medical report at any time.
You may be asking yourself ‘do I need a medical assessment to claim compensation?’. If you’ve been involved in an accident, you should get checked out by a medical professional as soon as possible. This way, you can receive any treatment you may require and give yourself the best chance of recovery. What’s more, a medical professional can identify any areas that may be of future concern, giving you an idea of what to anticipate and how best to proceed.
It’s also wise to see a doctor in order to have your accident and any subsequent injuries logged on your medical records. This way, they can be relied upon to help evidence your suffering.
It is important to note the difference between seeking medical advice or attention after an accident and attending a medical assessment for your personal injury claim. If you are injured after an accident going to see your GP or local A and E is always recommended so that you can get the treatment you need. When making a personal injury claim then as the claim progressors you will attend a medical assessment.
If you undergo a medical assessment for evidencing your personal injury claim, the findings included in the resulting medical report will be used in your claim. This is due to the fact that your payout can only be calculated once the severity of your suffering is confirmed.
If you are making a personal injury claim in most cases you will need to have a medical assessment whether you have seen a doctor about your injury before or not. Seeking medical attention after the accident is different to attending a medical assessment for your personal injury claim.
Also, the medical assessment may not happen for a while after your accident so you must not assume because you are making a personal injury claim you do not need your injuries checking out after an accident. Any delay in treating an injury can mean the condition can worsen and deteriorate. furthermore, it is important to seek medical advice straight after an accident not only because this will allow your injury to receive the treatment it needs but also to log your injury in your actual medical notes.
Preparing for a medical assessment
As you’ll be asked a series of questions about your accident and how you were impacted by it, you may wish to have the following points fresh in your mind:
- What happened to me in the accident?
- How has the accident made me feel?
- Have I been hurt by the accident?
- Has my suffering improved or worsened over time?
- Do I have any pre-existing conditions?
- How has my overall quality of life been impacted?
- Have I experienced any unexplained symptoms that could be a result of the accident?
Ultimately, you don’t need to worry too much about preparing for your medical assessment.
As mentioned above, only an independent certified health practitioner, GP, or specialist in that field is able to carry out your medical assessment and write the resulting report. This means that they have an overriding duty to the court rather than being tied to any one party in particular. In other words, this attempts to preclude any biased interpretations that could lean either for or against your claim.
If you choose to work with our panel of personal injury lawyers, they can organise your medical assessment for you. Any appointment will be as close to you as possible.
In a typical medical assessment, a medical professional will attempt to establish an overall picture of your general health. There will be a particular focus on how you’ve been affected by your injury.
To achieve this, they’ll usually ask you a series of questions about your accident and any injuries. This could include any pre-existing conditions you believe were worsened by your accident, as well as any new injuries you sustained.
As part of your assessment, it’s important, to be honest about how your quality of life has been affected. For example, have you been forced to give up any hobbies or activities you usually do? Similarly, have you had to take any time off work to recover?
Depending on the area of the body injured, they may ask you to perform a series of simple and low-impact movements to gauge the extent of the damage. These will be non-invasive and as pain-free as possible. They simply provide the medical expert with the information needed to generate an honest and comprehensive account of your injuries.
After the independent expert has assessed you and recorded their findings, your medical report will usually be ready a few weeks after your appointment. Once you’ve consented to your lawyer being able to access your report for the purposes of building your case, they may be able to value your injury. If you have decided not to use a solicitor the report will be sent to you.
Your medical report will be used to evidence any general damages you suffered. Next, you can focus on the second head of damage that you could build your final settlement amount; special damages.
In order for your solicitor to be able to evidence your claim, they’ll need to access your medical report. This isn’t a cause for concern, as they are legally obliged to keep any information that they handle to do with your case confidential. However, if you decide that you do not want these parties to access your medical records you can refuse. This may make claiming difficult.
You have an option of writing to the court to ask that details of your medical history be left out when your medical records are being passed over to your solicitor and any third parties.
How to start a personal injury claim? There are a few steps you can take to begin. Firstly, you can use the following checklist to gauge whether you could have grounds to claim. If each statement is reflected in your case, you should be able to establish that you suffered because of third-party negligence, which is a crucial part of a personal injury claim:
- The third party in question owed you a legal duty of care
- Which they breached
- And you suffered an injury or illness as a result
By getting in touch with our team today, they can confirm whether they believe you could have grounds to claim after just a few simple questions. This consultation is free of charge. If you have a valid case for compensation, they’ll offer to connect you to our panel of personal injury solicitors. If a solicitor takes on your case it will be on No Win No Fee terms.
If you choose to work with a solicitor, they can organise your medical assessment. Usually, your medical assessment will be as close to your home as possible.
What’s more, our panel of personal injury solicitors work to a No Win No Fee structure, so you’re able to access their services regardless of your financial standing. To learn more about these types of agreements, please see the next section.
In our experience, we know that many prospective claimants are put off seeking legal help by the prospect of how much the services could cost. If you’ve suffered financially because of your injury, paying any more expenses out of pocket can be particularly daunting.
This is why our panel of personal injury lawyers works on a No Win No Fee basis. With these agreements, lawyers can be hired by clients at no upfront cost. What’s more, there are no running fees to pay either until your claim is won and you have your compensation. At this point, you would only be charged a small, capped success fee for your lawyer’s services. This will be deducted from your final payout.
To learn more about how you could benefit from using this type of agreement to get legal help, please speak to one of our advisors today using the contact options in the next section.
Whether you’re wondering ‘do I need a medical assessment to claim compensation?’ or you have any other questions, please get in touch for a free consultation today. If you’d like to discuss your case and see whether you could have a valid claim, you can speak to our team of specialist advisors today. Get in touch using the following contact options:
- Call our team on 0161 696 9685
- Chat about what happened using the pop-up on your screen
- Complete a contact form on our website
In addition to the links throughout this article, here are some further resources:
- How to make a personal injury claim for an accident at work
- Advice about medical negligence claims
- Our guide to car accident claims
- Information on using NHS services
- Advice on paying for your own self-funded care
Can you claim for whiplash without seeing a doctor?
Since the Whiplash Reform, those who are in a road traffic accident as a driver or passenger must undergo a medical assessment if making a personal injury claim.
How long after a medical do you get compensation?
Every case is different. So the time it takes for you to secure compensation may vary from the next claimant.
Thank you for reading our guide, addressing ‘do I need a medical assessment to claim compensation?’.
Guide by NS
Edited by AS