Recently, we’ve been getting lots of questions about how much compensation a claimant is entitled to and how is it worked out. The idea behind compensation is to put you in the same financial position in which you would have been had your accident not occurred. Compensation is called “Damages” in court cases. And to make it even more confusing, it’s sub-divided in to many headings, the principal ones are listed below.
Damages are assessed under various categories which include:
- General damages
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.
- Special damages
Special damages are items of loss which you have suffered or expenses that you have incurred because of your injury. Generally, these losses 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. Examples of special damages are =
- Medical Charges
- Care & Assistance
- Medical Therapies
- Travelling Expenses
- Loss of Earnings
- Assistance for Household Chores
- Damage to Property
- Vehicle Damage
- Expenses
- Aids & Equipment
- Adapted Accomodation & Transport
- Car Hire
It is important that you keep a note of all of the expenses that you have incurred and retain receipts for items purchased as a result of the accident so as to prove that you have suffered these losses.
- Future loss
Some people who have sustained serious injuries suffer long-term losses and expenses as a direct result of their injuries. 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.
Compensation will take into account some or all of the following:
- Future loss of earnings, including the loss of any promotion prospects
- Loss of pension rights
- Costs of providing personal care support required in the future
- Costs incurred if special accommodation is required including any extra domestic expenses
- Costs of physiotherapy and any other specialist therapeutic services
- Costs of any special aids and equipment including their annual maintenance and replacement costs.
