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Compensation amount
The first question that is often asked is how much compensation will be received assuming that a claim is successful. If a claim is successful then the Claimant will be awarded compensation. Damages are assessed under various heads. These are as follows
Compensation – Damages for pain, suffering and loss of amenity
This head of damage is referred to as general damages and is designed to compensate the victim for their injuries which have arisen as a direct result of the accident. The amount of compensation will depend solely on the nature and extent of the injuries, both physical and psychological and the effect that they have on the victim’s day to day life including their working life, social life, sex life and any hobbies that they may have. It is therefore important that a clear prognosis is given.
Compensation amounts – Financial losses
Damages are also recoverable for any financial losses that may have been sustained by the victim of an accident. These are referred to as Special Damages and compensate for these past financial losses and any expenses incurred because of the injury due to the accident. The main head of damages under this section is loss of earnings which will occur if a victim is unable to work as a result of his/her injuries. It is common sick pay to be paid but all jobs are different and as such it will always depend on the individual. It is not uncommon for these awards to be excess of the awards given for the actual injury.
Damages can also be recovered for any private, medical or other care expenses such as physiotherapy or the cost of a chiropractor or any alternative remedies. Further, Damages can also be recovered for damaged items of clothing or jewellery.
Finally, under this heading damages can also be recovered for the cost of care that may have been given by a friend or relative. This is a complex area and will need to be discussed in detail with our panel Solicitors should you choose to make an enquiry.
As a general rule however it is best if a record is kept of all financial losses so that these can be proved to the Defendants and paid accordingly.
Compensation amounts – Damages for lost opportunities on the labour market
Victims who are so severely injured that their future working life is affected can and should be compensated for this loss of opportunity. Further, if a victim is unable to continue a career that they undertook prior to the accident and is unable to continue because of the injuries caused by the accident then an award for future loss of earnings may be appropriate.
Again, this is an extremely complex area of law and one which will need to be full considered by our panel Solicitors.
If you have had an injury in last three years and wish to discuss the amount of damages which may be due to you as a result then please complete the Claim Assessment Form and one of our panel Solicitors will contact you and if appropriate will act on a ‘no win no fee’ basis.
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