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Before you judge a man, walk a mile in his shoes. After that who cares? He's a mile away and you've got his shoes!

Billy Connolly

Hey, it’s UniScoops! The weather might not be looking great, but we’ll be sure to light up your day.

Here’s a taste of what we’re serving today:

  • Is an Injury Worth the Money? 🤕

  • PLUS: Pompeii’s Hidden Wardrobe, Photosynthesis from Space, and Trump’s Defamation Protection 🛡️

LAW

Is an Injury Worth the Money? 🤕

Family Guy Knee Injury GIF

If you were to sustain an injury caused by someone else, how much money could you recover? More importantly, can this be used as a way to make money? These questions lie within personal injury law. Personal injury law is the area of law that allows people who have been hurt through another person’s negligence, whether in a car accident, at work, or on someone else’s property, to claim compensation. These claims are often portrayed as lottery tickets, with headline-grabbing payouts and eye-watering sums. The reality can be rather different. In this Scoop, we will look at the purpose of personal injury law, how injuries are valued, and what else can be recovered beyond the injury itself.

💡 Things to consider

  • What is the purpose of personal injury law?: You may have heard of the US McDonald’s coffee case, in which Stella Liebeck was initially awarded nearly $3 million by a jury after sustaining third-degree burns from dangerously hot coffee from McDonald’s. Her injuries necessitated skin grafts, eight days in hospital, and two years of medical treatment. However, you may not know that we had our own version of this case here in the UK. In Bogle v McDonald’s [2002] EWHC 490 (QB), the court found in favour of McDonald’s and effectively held that you can’t be surprised that a hot drink is, in fact, a hot drink. While £0 is a little bit smaller than $3 million, this doesn’t mean that personal injury claims in the UK are worthless. The UK does not typically use punitive damages in personal injury claims, which made up $2.7 million of the damages in the US McDonald’s coffee case, and the courts are careful not to overcompensate. However, the law does still provide financial compensation that covers the injuries or losses that have been sustained.

    car fail GIF

    Wether you’ll get money will depend on the country in which you spilled your coffee…

  • The value of injuries: The damages received for your injuries are called “general damages”. The Judicial College Guidelines broadly guide the valuation of injuries by providing compensation brackets grouped by type and severity of injury. So, if you sustained an injury to your little finger that was amputated, then, according to the guidelines, you should expect to recover somewhere between £11,420 and £16,170 for that injury. General damages are not limited to the worst injury; rather, a claim can be made for any injuries sustained. If you also injured your back but fully recovered within three months, then you should expect to recover up to £3,240 in addition to what you recovered for your finger.

    Cash Money GIF
  • What else can be recovered?: Damages received for losses outside the injuries themselves are called “special damages”. These can often exceed the value of general damages and should not be overlooked when calculating the value of a claim. They may include a claim for loss of earnings, which can cover past losses, where you were unable to work, and future losses, if this is expected to continue. You can also claim for any medical expenses, home adaptations, or travel costs that would not have been incurred but for the injury, e.g., physiotherapy, private treatment, counselling, or rehabilitation equipment or modifications. If your friends and family helped you out by doing the cooking, cleaning, and so on, then you may be able to recover a reasonable rate for the time spent on these specific tasks. I don’t know about you, but I don’t usually time how long it takes me to vacuum or make myself breakfast, which is why this is often a highly contested special damage and will be scrutinised heavily by the defendant’s side. Unfortunately, you can’t get away with saying your bestie spent 30 minutes pouring you a bowl of cereal every day, no matter how big the bowl was. Many other losses can also be recovered. What else do you think might be recoverable after an accident?

🔎 Find out more

🍒 The cherry on top

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That’s it for this week! We’d like to thank this week’s writer: Heidi Nicholas.

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