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How much compensation for CRPS?
It’s one of the most common questions I’m asked: “How much compensation for CRPS?” Understandably, it’s at the forefront of the mind of anybody pursuing a CRPS compensation claim. Unfortunately, at the outset of the claim, it’s difficult to answer in anything other than general terms.
How much compensation for CRPS? The principle of damages
In England and Wales, the intended purpose of compensation (more properly known as damages) is to return the claimant to the same financial position as if the accident hadn’t happened. As you might expect, this often involves considerable crystal ball gazing!
A common misunderstanding is assuming your damages are a single, indivisible lump sum. Instead, as we’ll see below, the total damages received are an aggregate of many individual ‘heads of claim’.
In my earlier article on establishing causation, I explained that the burden of proving the claim lies with the claimant. So, in terms of damages, that means proving every head of claim with evidence. Depending upon what you’re claiming, the evidence might be a medical report, a witness statement, a wage slip or a receipt.
General damages for pain, suffering and loss of amenity
In considering a CRPS compensation claim, let’s first consider damages for the ‘injury’ itself. Known as general damages for pain, suffering and loss of amenity, this head is usually shortened to ‘general damages’ or ‘PSLA’. Here, the starting point is the official guidelines used by judges, the Judicial College Guidelines (JCG), currently the 17th edition. The JCG first sets out the various factors to be taken into account in valuing claims for pain disorders (including CRPS), including the following:
- the degree of pain experienced;
- the overall impact of the symptoms (which may include fatigue, associated impairments of cognitive function, muscle weakness, headaches etc. and taking account of any fluctuation in symptoms) on mobility, ability to function in daily life, and the need for care/assistance;
- the effect of the condition on the injured person’s ability to work;
- the need to take medication to control symptoms of pain and the effect of such medication on the person’s ability to function in normal daily life;
- the extent to which treatment has been undertaken and its effect (or its predicted effect in respect of future treatment);
- whether the condition is limited to one anatomical site or is widespread;
- the presence of any separately identifiable psychiatric disorder and its impact on the perception of pain;
- the age of the claimant;
- prognosis.
Next, the JCG define two damages brackets: severe and moderate.
Severe CRPS
In such cases the prognosis will be poor; ability to work will be greatly reduced if not completely eliminated; significant care/domestic assistance needs; coexisting psychological problems may be present. At the top end of the scale, symptoms may have spread to other limbs. £64,070 to £102,520
Moderate CRPS
The top end of this bracket will include cases where significant effects have been experienced for a prolonged period but prognosis assumes some future improvement enabling a return to work in a significant (not necessarily full-time) capacity and with only modest future care requirements. At the lower end will be cases where symptoms have persisted for some years but are more variable in intensity, where medication is effective in limiting symptoms, and/or where the prognosis is markedly better, though not necessarily for complete resolution. May already have resumed employment. Minimal, if any, future care requirements. £34,200 to £64,070
As to which bracket – and where within that bracket – your claim falls, this primarily depends on the medical evidence.
These figures demonstrate the little more than token damages expected for even the most severe injuries and medical conditions. By comparison, the JCG range of damages for a below-knee amputation of one leg is £119,570 to £162,290.
Past losses
Next, in your CRPS compensation claim, you will invariably have incurred financial losses to the date of settlement of the claim, referred to as ‘past losses’ or ‘special damages’. Providing an exhaustive list of what you might reasonably claim is impossible. However, in a typical case, past losses include lost earnings, treatment costs, travelling expenses, the cost of purchasing medical aids and specialist equipment, and the cost of property adaptations.
Again, providing evidence of every item claimed is crucial.
Future losses
Future losses are those you are likely to incur following settlement of your claim. Some heads of claim will be for your whole life, others for a finite time. For example, if you cannot return to work, you usually claim lost earnings to an inferred retirement age.
In most claims involving CRPS, future losses form by far and away the largest part of the claim. Accordingly, they are the most contentious.
As it involves predicting the future, calculating future losses is complex. The standard approach is to calculate the net annual loss for a particular head of claim (the ‘multiplicand’) and multiply it by a number (the ‘multiplier’) to give a lump sum award. Multipliers hail from a detailed set of actuarial tables (the ‘Ogden tables’) approved by the court. As even a modest multiplier change can significantly affect damages, they are a particular focus for both sides.
Schedule of loss
Once you have all your evidence, including a long-term medical prognosis, your solicitor or barrister produces a final schedule of loss. The structure of this detailed document is broadly as described above:
- General damages for pain, suffering and loss of amenity
- Past losses
- Future losses
The schedule also details the statutory interest claimed on general damages and past losses.
It’s important to remember that the final schedule very much represents a best-case scenario. In other words, the total figure at the end of the schedule might be attainable if you succeed on every point (very unlikely) and the judge repeatedly exercises discretion wholly in your favour (again, very unlikely).
Defendant’s evidence
CRPS is a life-changing condition. As such, claims involving CRPS are typically substantial, often reaching high six or even seven figures. Understandably, defendant insurers are willing to spend considerable time and money attempting to defeat or significantly reduce your claim. The defendant’s principal weapon is medical evidence. But they will also attempt to undermine your credibility through witness testimony and video and social media surveillance. It really can be a dirty business!
How much compensation for CRPS? Instruct the right solicitor
From the outset, it’s crucial to instruct a solicitor with considerable expertise and experience in CRPS and chronic pain compensation cases. Your solicitor should approach your claim proactively, working with you, preparing thoroughly, and anticipating the ‘surprises’ the defendant has in store. Contact me on 01225 462871 or complete the Contact Form below.