The aim of the award of damages in a personal injury claim is to restore you to the position you were in before your accident occurred. Your award for damages will be split into two parts:
General damages – this will be to compensate you for the pain, suffering and loss of amenity you have suffered as a result of the accident. This covers the non monetary aspects of your claim, for example the physical and emotional pain and suffering you have endured, the loss of enjoyment of life, impairment of mental or physical capacity. In valuing this aspect of your claim, we will consider like for like injuries and similar cases which have been decided by the Courts previously.
Special damages – these are items of financial loss you have sustained as a result of your accident such as:
1. Items of specific loss -Damage to clothing. Taxi/Bus fares. Prescription charges.
(If you have been the victim of a Road Trafic Accident, you may have other items of specific loss. Please click here for further details).
2. Loss of earnings if you have not been able to work as a result of the injuries you sustained in your accident.
3. The cost of services provided by a third party – you may have required nursing care from friends or relatives, help doing your shopping, gardening or house maintenance.
4. Medical expenses – you may have had to undergo private medical treatment in an attempt to speed up your recovery as a result of the injuries you sustained following your accident. You may require private medical treatment if there are long waiting lists under the NHS.
5. Expenses relating to the cost of living with your disabilities – where you suffered a serious injury as a result of the accident, you may incur specific items of cost relating to the disabilities resulting from your accident including the following:
- The cost of a wheelchair.
- The installation of a stair lift.
- The installation of a shower if you are unable to use the bath.
- Adaptation to your furniture.
- Adaptations to your home (for example ramp access or a wheelchair).
6. Future loss of earnings – the compensation payment which you are awarded may include a claim for loss of earnings in the future. This will need to be supported by evidence. We will obtain a medical report from an expert on your injuries. The expert will provide an indication as to what work you will be capable of undertaking both at present and in the future. This together with your evidence regarding your employment prospects will assist us in determining what will happen to you in the future regarding your employment.
7. Loss of congenial employment – this is compensation for loss of job satisfaction, for example where you have sustained a serious injury which has left you incapable of continuing to work in the job that you did and enjoyed prior to your accident.
8. Handicap on the labour market – the purpose of this award is to compensate you for the potential difficulties you may encounter in obtaining another job because of the injuries you have sustained in the accident, if you were to lose your current job.
9. Loss of pension – in more serious cases, where you are unable to return to work or return to work on a lower wage, you may have a claim for lost pension. This is because your pension would normally be based upon the period of service you have had with the company you worked for and the salary you would have earned at retirement age.
10. Loss of holiday enjoyment – if you have not been able to enjoy your holiday as a result of the injuries sustained in your accident.
11. Interest – a claim for interest will be included on your claim for damages. The Court will award interest at a set amount. The purpose of an award for interest would be to compensate you for having to wait to receive your compensation.
It is very important that you are able to prove that all the losses you are claiming for are as a direct result of the injuries you sustained in your accident. All the items of loss should be supported with documentary evidence, for example receipts for the expenses you have incurred, your wage slips (if you are employed) or your accounts and tax returns if you are self employed.
If you think you are entitled to make a claim for personal injury and you would like some further advice regarding what you may be able to make a claim for, then please contact one of our Solicitors in the Personal Injury Team at Oliver & Co on 0870 471 9852 or complete our enquiry form now.
