Pain and suffering

You can claim compensation for pain and suffering. In Scotland this is known as Solatium (from the Latin word meaning solace or relief). In order to calculate the amount you should receive, we first have to obtain a Medical Report — from your own doctor, or from an independent specialist — detailing the extent of your condition. The report will tell us what injuries you suffered and whether you will have any problems from them in the future. The amount of solatium you receive will vary according to the extent of your injuries.

We now often find it necessary to obtain an additional report — provided by a psychologist — indicating the mental effects of the injury.

How is the amount calculated?

We are able to assess likely levels of compensation at any time by checking legal journals like The Scots Law Times, by looking at the most recent court decisions on the type of injury you have suffered. A few examples follow:

In November 2005 Mrs Buchan, aged 59, was injured when the car in which she was a passenger collided with a van.  She suffered a whiplash injury, which was still causing some trouble nearly three years after the accident.  She was awarded £3,500 for pain and suffering.

In May 2006 Mrs Spinks was injured in a rear end shunt.  She suffered pain in her neck, shoulder and back.  She was off work for a week but still had moderate pain lasting three or four days at the time of the Court Hearing and this might continue indefinitely.  She was given £5,250 for pain and suffering.

In November 2005 Mr Burke was awarded £9,400 in compensation for a hand condition (Vibration White Finger) which was caused by use of vibrating tools on metal work at Glasgow Council where he was a Blacksmith.  He suffered pins and needles in his fingers and tingling in his hands and numbness.  His fingers went white.  He did not have a good grip when gardening and would have to change jobs. 

These examples give some idea of what the courts may award, but every case is different. We can only assess the value of the claim once we have seen your Medical Report. One way you can help us is to let us know if you have had any previous medical problems which might have been made worse by the accident. Many people injure their backs in accidents; if you have had previous trouble with your back, you must let us know, because it may make a difference to the amount of compensation you receive.