PERSONAL INJURY COMPENSATION CLAIMS
To succeed in personal injury compensation claims it is necessary to place the blame for the accident on someone else by establishing liability. This is done by showing that the other person was negligent in so far as they have failed 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. Once liability has been proved the only matter that remains is establishing the value of the claim. Lawyers divide damages into two main categories:
- Special damages represent compensation for losses that can be calculated with some degree of accuracy as opposed to being assessed or estimated. These losses are proved by production of receipts or estimates. Interest is payable on special damages and runs from the date of
the accident and future losses can also be claimed. Special damages awards may include;
- vehicle damage
- general expenses
- insurance excess
- damage to property
- adapted accommodation and transport
- medical therapies
- traveling expenses
- loss of earnings
- medical charges
- aids and equipment
- care and assistance
- assistance for household chores
- vehicle hire
General damages represent compensation for items that cannot usually be calculated precisely. Interest is payable on special damages from the date of the issue of proceedings and future losses can be claimed. These damages are assessed following consideration of previously decided cases and by reference to ‘The Judicial Studies Board Guidelines’ and may include:
- ’pain and suffering’ for both the initial injury and for any ongoing suffering or disability
- ‘loss of amenity’ which includes payment for not being able to do the things that contribute to the enjoyment of life.
- ‘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.
- ‘loss of congenial employment’ is appropriate when the employment provides specific job satisfaction and can no longer be pursued as a result of the injury.
We represent an independent network of personal injury solicitors and we are able to deal with a wide range of accident 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 your personal injury compensation claims further you are under no obligation to do so and you will not be charged anything at all.
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