ACCIDENT COMPENSATION CLAIMS

To succeed in accident compensation claims liability must be established by proving that someone else was negligent and that the negligence caused the injuries and other losses. Negligence is a failure to take reasonable care to avoid acts and omissions which would be likely to cause injury and that the lack of care actually caused the injury.

The amount payable is usually separated into general damages, special damages and future loss.

• Special damages are items of loss which can be calculated accurately. It is usually necessary to prove these losses by production of receipts, however in the absence of receipts estimates of loss can often be made and verified by other documentary evidence. Interest is payable on special damages and runs from the date of the accident. Special damages awards may include;
  • insurance excess
  • damage to property
  • vehicle damage
  • expenses
  • aids and equipment
  • adapted accommodation and transport
  • medical charges
  • care and assistance
  • medical therapies
  • traveling expenses
  • loss of earnings
  • assistance for household chores
  • vehicle hire

• General damages cannot usually be calculated precisely and the main items are usually ‘pain and suffering’ for both the initial injury and for any ongoing suffering or disability and for ‘loss of amenity’ which includes payment for not being able to do the things that contribute to the enjoyment of life. Damages for 'loss of amenity' are designed to compensate for being unable to pursue the kind of lifestyle enjoyed prior to the accident or the lifestyle that could have been expected if the accident had not occurred. Also in this category is damages payable for ‘disadvantage on the open labour market’ which means that if there is a possibility of change of employment in the future and the injury may restrict opportunity then a sum for damages is payable. In addition damages may be payable for ‘loss of congenial employment’ which is appropriate when the employment provides specific job satisfaction and can no longer be pursued as a result of the injury. These damages are assessed following consideration of previously decided cases and by reference to ‘The Judicial Studies Board Guidelines’. Interest is payable on general damages and runs from the date of service of legal proceedings
• Future losses depend on complex calculations and if you have losses that are likely to continue for the foreseeable future then a special calculation is applied to the estimated annual loss to arrive at a fair figure for compensation.

We represent an independent network of personal injury solicitors and we are able to deal with a wide range of accident compensation claims including road accident claims, accidents at work and trips, slips and falls. If you’ve been involved in an accident we can help you to preserve your legal right to compensation. We offer free consultations for advice to find out whether you have a good case, how to go about claiming and how much your compensation might be worth. We will give you clear unequivocal advice about your chances of success and the anticipated value of your claim. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged anything at all.