The latest edition of the Judicial College Guidelines has now been published. What does this mean for injury valuations?
Every person and every injury is different, as are the effects upon the individual involved. It will always be for the Courts and the Judges who sit in them to decide what is a fair valuation, based upon the evidence.
The Guidelines do not impose injury valuations upon the Courts, but rather they reflect a summary of what the Courts in England & Wales are currently awarding in compensation to injured people. This data is then reflected in brackets of award into which the vast majority of injuries will fall, allowing for the nature, severity and duration of those injuries.
Now in its 32nd year, this (17th) edition has had to address the significant inflation occurring over the last 2 years since the previous edition was published. Retail Prices Index is traditionally used and last time around, we saw an average 7% increase in the ranges of award for different types of injury.
This time around, the increase is 22%.
Therefore, a minor soft tissue injury such as a strain or bruising lasting for up to 1 month, previously valued at up to £1,370.00, will now be valued at up to £1,680.00.
This will have implications for vulnerable people and vulnerable road users, such as children, pedestrians and cyclists, as it means injuries which last for up to 3 weeks (or in some cases around 2 weeks) will now make it cost effective for an injured person to have access to professional legal advice and representation.
The only valuations not affected are those for people sustaining a soft tissue whiplash type injury as an occupant of a motor vehicle* in an accident occurring on or after 31st May 2021, as these are governed by a fixed Tariff, which has not changed. Those valuations are significantly lower, when compared with substantially the same injury sustained by someone who was not in a motor vehicle at the time.
If you are, or think you might be affected and want to discuss your options, then please call us or send us an e-mail. We will do our best to help.
[* excepting children and persons under a disability, who still benefit from the new increased Guideline valuations]
May 2024
