Personal injury claim compensation will be cut in 2021
Changes to personal injury law will reduce compensation levels and make it harder for injured people to get legal representation in April 2021. Find out if you will be affected.
How is the personal injury law changing?
Following the introduction of the Civil Liability Act 2018, personal injury claims will be handled by the small claims court, unless:
- General damages estimate exceeds £5,000 for road accidents or £2,000 for other incidents
- The total value of the claim (general damages plus special damages) exceed £10,000
Until the changes happen, the general damages limit remains only £1,000. Currently, only the most minor injuries fall into the small claims category (such as cuts, bruises and very short-term whiplash).
After the reforms, many more serious injuries will fall below the small claims limit, including some fractures, scarring and other injuries taking years to fully heal.
When will the changes come into effect?
Originally the changes were scheduled for April 2021. In May 2020, the Lord Chancellor announced a delay to the implementation until April 2021.
Please watch this space for further updates.
Why the small claims limit matters to you
Solicitors cannot recover their legal costs from the defendant in a small claims court.
In practice, this means that small claims are usually not cost-effective for solicitors to handle. So for a typical ‘small claims’ injury claim, you will find that you won’t be able to get legal representation to seek compensation.
So I won’t be able to use a no win no fee solicitor after then changes?
The process will be different. If your claim meets the above criteria i.e. estimated to be worth less than £5,000, a solicitor is unlikely to take on your claim on a no win, no fee basis, as they will consider the claim to be 'low-quantum'.
Do I actually need a solicitor then?
It depends. In theory, lower value claims are often less complex, and there are plans to launch an online courts process to help people claim without a solicitor.
However, just because a claim is lower-value does not mean that it will be simpler or easier. Some high-value claims can be very straightforward, and some low-value claims can involve complex personal injury law.
You may feel confident enough to handle the claims process yourself, if:
- the defendant has admitted full liability, and
- your injuries have already fully healed (so you know their full impact on your life), and
- the circumstances of your accident are relatively straightforward.
However, if any of the above factors do not apply, or the case becomes more complex once it is underway (e.g. because new evidence comes to light, your injuries worsen or the defendant disputes liability) you could find yourself quickly out of your depth. In practice, this could mean:
- Risking delays in the whole claims process
- Risking that interim payments are not paid, or are delayed, or underpaid
- Risking that you under settle your claim
Worst of all, unexpected complications could mean that you end up losing your case.
Find out if your claim will be affected:
The following tables refer to the Guidelines for the Assessment of General Damages in Personal Injury.
Check these tables to see if your injury could be affected by the 2021 changes:
Please click on the '+' symbols to expand the tables:
Head, brain and senses | ||
---|---|---|
Brain damage | ||
Less severe brain damage | £12,210 to £34,330 | |
Minor brain or head injury | £1,760 to £10,180 | |
Moderate brain damage | £34,330 to £174,620 | |
Moderately severe brain injury | £174,620 to £224,800 | |
Very severe brain damage | £224,800 to £322,060 | |
Deafness or tinnitus | ||
Either slight hearing loss or slight tinnitus | Up to £5,590 | |
Mild tinnitus with some hearing loss | £10,040 to £11,890 | |
Moderate hearing loss | £11,890 to £23,670 | |
Moderate tinnitus and hearing loss | £11,890 to £23,670 | |
Moderate to severe tinnitus | £11,890 to £23,670 | |
Severe tinnitus and partial hearing loss | £23,670 to £36,310 | |
Slight or occasional tinnitus with slight hearing loss | £5,870 to £10,040 | |
Total deafness | £72,330 to £87,410 | |
Total deafness and loss of speech | £87,410 to £112,100 | |
Total loss of hearing in one ear | £24,950 to £36,310 | |
Epilepsy | ||
Established grand mal | £81,310 to £119,650 | |
Established petit mal | £43,710 to £104,660 | |
Other epileptic conditions | £8,480 to £10,950 | |
Facial injury | ||
Simple nose fracture | £1,360 to £2,010 | |
Simple cheekbone fracture | £1,850 to £2,390 | |
Simple jaw fracture | £5,150 to £6,960 | |
Loss or damage to front tooth | £1,760 to £3,150 | |
Loss or damage to back teeth (per tooth) | £870 to £1,360 | |
Displaced nose fracture requiring surgery | £3,150 to £4,070 | |
Displaced nose fracture | £2,010 to £2,510 | |
Simple cheekbone fracture needing surgery | £3,470 to £5,150 | |
Serious jaw fracture | £14,320 to £24,300 | |
Loss or damage to two front teeth | £3,470 to £6,080 | |
Multiple facial fractures | £11,890 to £19,090 | |
Serious nose fracture with permanent damage | £8,480 to £18,440 | |
Serious cheekbone fracture | £8,130 to £12,580 | |
Serious multiple jaw fractures | £24,300 to £36,310 | |
Loss or damage to several front teeth | £6,960 to £9,100 | |
Le Fort fractures of facial bones | £18,980 to £29,290 | |
Chronic tooth pain with general deterioration | Up to £30,390 | |
Impairment of taste and smell | ||
Loss of smell | £19,920 to £26,230 | |
Loss of taste | £15,300 to £19,920 | |
Total loss of smell and significant loss of taste | £26,230 to £31,220 | |
Total loss of taste and smell | In the region of £31,220 | |
Injury affecting sight | ||
Complete loss of sight in one eye | £39,270 to £43,710 | |
Loss of sight in one eye with reduced vision in the remaining eye | £50,970 to £84,510 | |
Minor eye injury | £3,150 to £6,960 | |
Minor permanent damage to vision in one or both eyes | £7,270 to £16,720 | |
Serious loss of vision in one eye | £18,880 to £31,320 | |
Total blindness | £214,210 to £214,250 | |
Total blindness and deafness | In the region of £322,060 | |
Total loss of one eye | £43,710 to £52,360 | |
Transient (short lived) eye injury | £1,760 to £3,150 | |
Post-traumatic stress disorder | ||
Less severe post-traumatic stress disorder | £3,150 to £6,520 | |
Moderate post-traumatic stress disorder | £6,520 to £18,450 | |
Moderately severe post-traumatic stress disorder | £18,450 to £47,720 | |
Severe post-traumatic stress disorder | £47,720 to £80,250 | |
Psychiatric damage generally | ||
Less severe psychiatric damage | £1,220 to £4,670 | |
Moderate psychiatric damage | £4,670 to £15,200 | |
Moderately severe psychiatric damage | £15,200 to £43,710 | |
Severe psychiatric damage | £43,710 to £92,240 |
Neck and back injury | ||
---|---|---|
Back injury | ||
Back injury causing chronic permanent symptoms | £30,910 to £55,590 | |
Back injury causing permanent symptoms | £9,970 to £22,130 | |
Back injury causing serious permanent symptoms | £22,130 to £30,910 | |
Back injury recovering in 2-5 years | £6,290 to £9,970 | |
Back injury recovering in a few months at most | Up to £1,950 | |
Back injury recovering in up to 2 years | £1,950 to £6,290 | |
Serious back injury causing significant permanent impact | £59,120 to £70,490 | |
Severe back injury with spinal cord damage | £72,620 to £128,320 | |
Neck injury | ||
Minor neck injury | Up to £6,290 | |
Neck injury bringing other problems forward or making them worse | £6,290 to £10,960 | |
Neck injury causing spondylosis, serious limitation of movement or permanent/recurring pain | £10,960 to £19,920 | |
Neck injury involving fractures, dislocations or severe soft tissue (muscle) damage leaving chronic permanent symptoms | £36,240 to £44,630 | |
Neck injury involving fractures, dislocations or severe soft tissue (muscle) damage recovering to a restricted level | £19,920 to £30,690 | |
Neck injury recovering completely in 1-2 years | £3,470 to £6,290 | |
Neck injury recovering completely in up to a year | £1,950 to £3,470 | |
Serious neck injury involving fractures or damage to discs | £52,390 to £104,370 | |
Severe neck injury | £36,240 to £118,240 | |
Whiplash | ||
Full recovery within 3 months | £300 to £1,950 | |
Full recovery between 3 months and 1 year | £1,950 to £3,470 | |
Recovery between 1 and 2 years (see "neck injury" for longer-term whiplash injury) | £3,470 to £6,290 |
Shoulder injury | ||
---|---|---|
Minor shoulder injury | Up to £6,290 | |
Moderate shoulder injury | £6,290 to £10,180 | |
Serious shoulder injury | £10,180 to £15,300 | |
Severe shoulder injury | £15,300 to £38,280 |
Arm injury | ||
---|---|---|
Amputation of arms | ||
Loss of both arms | £191,950 to £239,140 | |
Loss of one arm above the elbow | £87,410 to £104,370 | |
Loss of one arm at the shoulder | No less than £109,330 | |
Loss of one arm below the elbow | £76,650 to £87,410 | |
Hand injury | ||
Fracture of one finger | Up to £3,790 | |
Fractured index (first) finger leaving permanent symptoms | £7,270 to £9,760 | |
Loss of a little finger | £6,890 to £9,760 | |
Loss of a middle finger | Up to £12,460 | |
Loss of a thumb | £28,310 to £43,710 | |
Loss of an index (first) finger | In the region of £14,930 | |
Loss of both hands, or loss of use of both hands | £112,100 to £160,600 | |
Loss of index finger and middle or ring finger | £49,350 to £72,330 | |
Loss of one hand, or loss of use of one hand | £76,650 to £87,410 | |
Loss of part of a little finger | £3,150 to £4,670 | |
Loss of part of an index (first) finger | £9,700 to £14,930 | |
Loss of ring and little finger | In the region of £17,380 | |
Loss of the end of a ring or middle finger | £3,150 to £6,260 | |
Loss of the end of the middle and first finger | In the region of £19,920 | |
Minor hand injury | Up to £3,460 | |
Moderate thumb injury | £7,700 to £10,040 | |
Serious damage to both hands | £44,550 to £67,410 | |
Serious hand injury with full or close to full recovery | £4,640 to £10,580 | |
Serious hand injury with significant loss of use of the hand | £23,110 to £49,350 | |
Serious ring or middle finger injury causing permanent loss of grip | £11,890 to £13,020 | |
Serious thumb injury | £10,040 to £13,360 | |
Severe fractured fingers leading to possible amputation | Up to £29,290 | |
Severe thumb dislocation | £3,150 to £5,410 | |
Thumb injury recovering in a short time | Up to £1,760 | |
Thumb injury recovering in around 6 months | Up to £3,150 | |
Very serious thumb injury | £15,620 to £27,910 | |
Injury to the elbow | ||
Elbow injury causing some long term problems | £12,480 to £25,510 | |
Elbow injury not causing significant long term problems | Up to £10,040 | |
Severe, disabling elbow injury | £31,220 to £43,710 | |
Other arm injury including fractures and nerve damage | ||
Fractured forearms (between the elbow and the wrist) | £5,280 to £15,300 | |
Serious arm injury leaving permanent and substantial effects | £31,220 to £47,720 | |
Serious arm injury leaving some long lasting effects | £15,300 to £31,220 | |
Severe arm injury | £76,650 to £104,370 | |
Vibration white finger and/or hand arm vibration syndrome | ||
Vibration white finger and/or hand arm vibration syndrome affecting both sides in a younger person causing a change in job | £25,220 to £30,630 | |
Vibration white finger and/or hand arm vibration syndrome causing minor symptoms | £2,390 to £6,890 | |
Vibration white finger and/or hand arm vibration syndrome causing symptoms in cold weather | £6,890 to £13,360 | |
Vibration white finger and/or hand arm vibration syndrome causing year round symptoms | £13,360 to £25,220 | |
Work-related upper limb disorders | ||
Work-related upper limb disorders causing continuing problems needing surgery, preventing working | £17,460 to £18,440 | |
Work-related upper limb disorders causing continuing problems on one side | £11,890 to £13,020 | |
Work-related upper limb disorders recovering completely within 3 years | £6,890 to £8,570 | |
Work-related upper limb disorders recovering within a few months at most | £1,760 to £2,810 | |
Wrist injury | ||
Colles wrist fractures | In the region of £5,920 | |
Serious wrist injury causing significant permanent problems | £19,530 to £31,220 | |
Severe wrist injury causing loss of function of the wrist | £37,960 to £47,720 | |
Wrist fractures and other injury recovering in up to one year | £2,810 to £3,790 | |
Wrist injury causing permanent pain and stiffness | £10,040 to £19,530 | |
Wrist injury taking around two years to heal completely | Up to £8,160 |
Injury to the pelvis and hips | ||
---|---|---|
Extensive fractures causing serious long term problems | £62,490 to £104,370 | |
Hip or pelvis fractures causing long term problems | £49,350 to £62,490 | |
Hip or pelvis fractures needing surgery | £31,220 to £41,860 | |
Hip or pelvis injury leaving minimal or no long term problems | £3,150 to £10,040 | |
Minor hip or pelvis soft tissue (muscle) injury | Up to £3,150 | |
Significant hip or pelvis injury leaving some long term problems | £10,040 to £21,200 | |
Significant hip or pelvis injury without serious permanent damage | £21,200 to £31,220 |
Injury to the legs and feet | ||
---|---|---|
Achilles tendon | ||
Minor Achilles tendon injury | £5,800 to £10,040 | |
Partial Achilles rupture or significant tendon damage | £10,040 to £16,800 | |
Severed Achilles tendon and muscle injury | In the region of £30,630 | |
Severed Achilles tendon successfully repaired by surgery | £19,920 to £23,980 | |
Ankle injury | ||
Ankle injury causing some permanent problems | £10,960 to £21,200 | |
Ankle injury recovering completely or leaving mild symptoms | Up to £10,960 | |
Severe ankle injury causing permanent problems walking | £24,950 to £39,910 | |
Very severe rare ankle injury | £39,910 to £55,560 | |
Foot injury | ||
Common foot injury, most healing completely | Up to £10,960 | |
Displaced metatarsal fractures with permanent symptoms | £10,960 to £19,920 | |
Loss of both feet | £135,030 to £160,600 | |
Loss of one foot | £66,930 to £87,410 | |
Serious foot injury | £19,920 to £31,250 | |
Severe injury to one or both feet | £33,460 to £55,830 | |
Very severe permanent foot injury | £33,460 to £87,410 | |
Knee injury | ||
Knee injury causing mild long term problems | £11,820 to £20,880 | |
Knee injury causing serious long term problems | £20,880 to £34,660 | |
Knee injury that recover completely or leave minimal symptoms | Up to £10,960 | |
Leg fractures which include the knee joint | £41,550 to £55,590 | |
Severe knee injury | £55,590 to £76,690 | |
Leg injury | ||
Fractured femur (thigh bone) | £7,270 to £11,220 | |
Fractured tibia or fibula (lower leg) or soft tissue injury | Up to £9,440 | |
Leg fractures or soft tissue injury causing some permanent problems | £14,320 to £22,130 | |
Loss of both legs | £191,950 to £224,800 | |
Loss of both legs below the knee | £160,600 to £215,310 | |
Loss of one leg above the knee | £78,100 to £106,010 | |
Loss of one leg below the knee | £83,550 to £109,570 | |
Serious leg injury leaving permanent problems | £31,250 to £43,710 | |
Severe crushing injury and serious or complicated leg fractures | £21,100 to £29,800 | |
Severe leg injury without amputation | £76,730 to £108,370 | |
Very serious leg injury leaving permanent problems | £43,710 to £67,410 | |
Toe injury | ||
Loss of a big toe | In the region of £24,950 | |
Loss of all of the toes on a foot | £29,110 to £44,710 | |
Serious injury to the big toe or to several other toes | £7,650 to £10,960 | |
Severe toe injury including amputations | £10,960 to £16,800 | |
Toe injury not leaving significant long term problems | Up to £7,650 |
Minor injury | ||
---|---|---|
Minor injury recovering in 28 days | £550 to £1,090 | |
Minor injury recovering in 3 months | £1,090 to £1,950 | |
Minor injury recovering in 7 days | Up to £550 |
Chronic pain | ||
---|---|---|
Moderate complex regional pain syndrome | £22,340 to £41,860 | |
Moderate pain disorders generally | £16,800 to £30,690 | |
Severe complex regional pain syndrome | £41,860 to £66,970 | |
Severe pain disorders generally | £33,590 to £50,210 |
Injury involving paralysis | ||
---|---|---|
Temporary paraplegia | In the region of £39,330 | |
Paraplegia | £174,620 to £226,610 | |
Tetraplegia or quadraplegia | £258,740 to £322,060 |
Injury to internal organs | ||
---|---|---|
Bladder | Up to £112,100 | |
Digestive system | ||
Severe damage from trauma | £34,280 to £49,350 | |
Serious non-penetrating injury | £13,380 to £22,130 | |
Penetrating injury | £5,280 to £10,040 | |
Severe toxicosis | £30,630 to £41,860 | |
Serious short-term food poisoning | £7,600 to £15,300 | |
Food poisoning | £3,150 to £7,600 | |
Disabling cramps and diarrhoea | £730 to £3,150 | |
Kidney injury | ||
Loss of one kidney | £24,530 to £35,780 | |
Risk of future loss of kidney function | Up to £51,000 | |
Serious and permanent damage to or loss of both kidneys | £135,030 to £167,690 | |
Bowel injury | ||
Injury with a return to natural function and control | £10,040 to £19,520 | |
Abdominal injury impairing function | £35,540 to £55,590 | |
Double incontinence and total loss of function | Up to £146,840 | |
Total loss of bowel function | Up to £119,650 | |
Bladder injury | ||
Full or near-complete recovery | £18,660 to £24,950 | |
Serious impairment of bladder control | £51,000 to £63,720 | |
Total loss of bowel and bladder function | Up to £146,840 | |
Chest injury | ||
Chest injury causing some permanent tissue damage but no significant long-term lung problem | £10,040 to £14,320 | |
Damage to the chest and lungs causing some continuing disability | £24,950 to £43,710 | |
Fractured ribs or muscle injury to the rib cage and chest | Up to £3,150 | |
Injury causing lungs to collapse | £1,750 to £4,240 | |
Injury from inhaling toxic fumes or smoke | £4,240 to £10,040 | |
Total removal of one lung and/or serious heart damage | £80,250 to £119,650 | |
Traumatic injury to the chest, lungs or heart with permanent damage and reduced life expectancy | £52,390 to £80,250 | |
Spleen injury | ||
Loss of spleen with low risk of future infection | £3,470 to £6,890 | |
Loss of spleen with continuing risk of infection or immune disorders | £16,580 to £20,950 | |
Lung disease | ||
Breathing difficulties needing use of an inhaler | £24,950 to £43,710 | |
Bronchitis and wheezing | £15,300 to £20,950 | |
Lung cancer in older people | £55,830 to £77,580 | |
Lung diseases such as emphysema | £43,670 to £55,830 | |
Serious life-threatening lung disease in young people | £80,250 to £108,370 | |
Short term aggravation of bronchitis or other chest problems | £1,760 to £4,240 | |
Slight breathlessness that recovers completely in a few years | £8,480 to £16,580 | |
Hernia injury | ||
Uncomplicated indirect inguinal hernia | £2,710 to £5,760 | |
Direct inguinal hernia with risk of recurrence | £5,590 to £7,270 | |
Continuing pain or limitation of physical activities | £11,890 to £19,260 | |
Reproductive system: female | ||
Infertility with no desire to have children | £5,280 to £10,040 | |
Failed sterilisation | In the region of £8,130 | |
Ectopic pregnancy delay but fertility not affected | £2,700 to £16,280 | |
Infertility without medical complication | £14,320 to £29,290 | |
Infertility following ectopic pregnancy | £27,140 to £81,420 | |
Infertility caused by disease with depression | £91,600 to £135,030 | |
Reproductive system: male | ||
Impotence for a middle-aged man with children | £34,280 to £62,490 | |
Impotence, loss of sexual function and sterility in a young man | In the region of £118,240 | |
Sterility in cases where it has minimal impact | In the region of £5,280 | |
Sterility without impotence for a family man who intended to have more children | £18,880 to £24,950 | |
Sterility without impotence for a young man without children | £44,710 to £56,870 | |
Sterility, caused by accident, illness or clinical negligence | In the region of £112,100 | |
Sterility, caused by accident, illness or clinical negligence to the elderly | In the region of £14,960 | |
Asbestos-related disease | ||
Asbestosis and pleural thickening with low respiratory disability | £12,020 to £30,630 | |
Asbestosis and pleural thickening with significant respiratory disability | £30,630 to £84,380 | |
Lung cancer | £55,830 to £77,580 | |
Mesothelioma | £55,830 to £100,350 | |
Asthma | ||
Chronic asthma | £20,950 to £34,280 | |
Mild asthma and other chest problems resolving quickly | Up to £4,110 | |
Mild asthma-like symptoms that are permanent | £8,480 to £15,300 | |
Severe permanent asthma with disabling effects | £34,330 to £52,390 |
Other injuries | ||
---|---|---|
Scarring to other parts of the body | ||
A single noticeable scar, or several superficial scars not to the face | £1,890 to £6,240 | |
After an exploratory laparotomy leaving scarring | In the region of £6,890 | |
Burns covering 40% or more of the body | No less than £83,550 | |
Several noticeable scars or one disfiguring scar, not to the face | £6,240 to £18,120 |
There’s more…
The amount of compensation payable for soft tissue injuries (including whiplash) resulting from road traffic accidents will be significantly reduced.
What counts as a ‘whiplash claim?
The Ministry of Justice (MOJ) define whiplash as:
(a) a sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder, or
(b) an injury of soft tissue associated with a muscle, tendon or ligament in the neck, back or shoulder.
How much will soft tissue injury compensation be reduced by?
A new tariff system will be introduced for soft tissue RTA claims where the injury takes fewer than two years to heal.
The tariff will significantly reduce the amount of compensation payable to soft tissue injury victims for pain, suffering and loss of amenity:
Injury duration (months) | Proposed fixed tariff compensation award | Current estimated average damages |
---|---|---|
0 to 3 | £275 | £1,800 |
3 to 6 | £470 | £2,250 |
6 to 9 | £805 | £2,700 |
9 to 12 | £1,250 | £3,250 |
12 to 15 | £1,910 | £3,650 |
15 to 18 | £2,790 | £4,150 |
18 to 24 | £3,910 | £4,750 |
Source: Legal Futures
Are there any exceptions?
Yes. Vulnerable road users such as pedestrians, motorcyclists and cyclists are not affected by the changes.
Passengers, (excluding children who are considered ‘protected parties’) however, will be affected by the changes.
Why has the government done this?
Despite years of press coverage to the contrary, independent studies and the government’s own research have confirmed that whiplash fraud is very rare. Some studies relying on older data have also failed to recognise the significant fall in whiplash claims that have already occurred in recent years, following reforms enacted in 2013.
Even before the changes, injury compensation levels in the UK are already amongst the lowest in Europe.
Ostensibly, the government’s reason for reform was to deter fraudulent claims. Addressing theories as to what the real motivation for the changes was is beyond the scope of this article, but much has been elsewhere on the subject.
How we intend to help people in 2021
We believe that the reforms will put injured people with legitimate claims, at risk of being under-compensated. Some people could effectively be denied access to justice.
The purpose of compensation is to return people to the situation they were in before the accident occurred. Compensation is awarded for pain, suffering and loss of amenity. Compensation pays for critical medical treatment and care as well as covering incurred losses such as loss of earnings. Without compensation, people risk being unable to pay the living and medical costs for themselves and their families.
Many people will not want to represent themselves in a small claims court. When affected by an injury, the last thing a claimant may want to do is represent themselves in court.
My accident has already happened - will the changes affect me?
The new tariffs will apply according to the date you start your claim, not then date of injury.
You are therefore best advised to start a claim before April 2021.
How can Quittance help?
We would be happy to advise you on how the 2021 changes could affect you.


If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
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Sources:
https://www.gov.uk/government/consultations/reforming-the-soft-tissue-injury-whiplash-claims-process
http://www.legislation.gov.uk/ukpga/2018/29/contents/enacted
https://www.legalfutures.co.uk/