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Q13 What kind of compensation (damages) arising from my personal injury can I claim for?
Claims for compensation (damages) fall into two categories:
- General damages – this covers pain, suffering or injury giving rise to disability, or loss of amenity, or loss of ability to participate in some activities (e.g. leisure, sport) or to obtain employment in the future. This usually requires evidence supported by an independent doctor's report. Damages are determined by your solicitor or assessed by the court using past injury cases as a guide
- Special damages – these are for costs that you have suffered or will suffer which can be calculated. They arise directly as a consequence of the accidental injury:
- Out-of-pocket expenses that arise as a direct consequence like travel expenses for doctor or hospital visits
- Loss of earnings if you are prevented from working because of your injuries, or if your injuries cause you to have to take a different job at lower pay
- Prescription charges for medication, private medical fees and costs of specialist equipment and nursing care arising from your injuries
- Property lost or damaged in the accident
- Insurance excess payments arising
- Car-hire costs and storage charges for damaged vehicles
- Any future losses - losses that might reasonably be expected to be incurred in the future. This may include loss of earnings and pensions, the cost of care, accommodation, treatment or medication arising as a consequence of the injury
‘… it is worth keeping copies of all related receipts and notes of expenses’You can see that it is worth keeping copies of all related receipts and notes of expenses and any anticipated losses as this will help your solicitor to assemble a full list in support of your claim.
The total value of your claim is called 'quantum’; that is, the total of compensation or damages the claim is worth. This is the value that you will be seeking from the defendant.
Personal injury claims award compensation or 'damages'. It is worth thinking carefully about the consequences of your injury to your life and well-being now and in the future. What damage has it done to you and your earning power? What costs can you attribute directly and indirectly to your injury?
The truth about 'no win, no fee' |
Got a question that isn’t answered here? Want to ask an expert? Here At ClaimsGuide, we think there are 10 key questions you should consider asking any personal injury claims specialist you are thinking of dealing with. Get the right answers and you’ll know you’ll be dealing with someone who is going to look after your claim in the best possible way. Show me the questions What are the ClaimsGuide recommended criteria for choosing a personal injury claims specialist? Show me the checklist Show me the list of personal injury claim types Are you ready to claim through a personal injury claims specialist who meets the ClaimsGuide recommended criteria - that is, can answer all 10 questions in a way that satisfies us? Here |