Compensation
The purpose of an award of compensation, damages, in a personal injury claim is to restore the claimant to the position they would have been in had it not been for the accident.
Damages are awarded as a whole but are made up of several different awards, or heads of damages. Damages are broadly divided into two parts. Those losses the Court can accurately and precisely calculate known as ‘Special Damages’ and those losses that cannot be precisely calculated known as ‘General Damages’.
An award of damages is made in full settlement of the claim and therefore you will not be able to claim again in the future. Consequently, it is imperative that any award of damages is given appropriate, specialist and experienced consideration.
General Damages
These are damages awarded for pain, suffering and loss of amenity. They compensate for the pain of the initial injury and any ongoing suffering. Loss of amenity compensates an individual for being unable to pursue the kind of life they enjoyed before the accident. It covers both physical and psychological injury.
In assessing these damages consideration is given to such things as length of time suffering the symptoms, time in hospital and number of operations.
The sum awarded will be based upon recently decided comparable cases.
Special Damages
These are damages for actual losses suffered by the claimant as a result of the accident and any future losses that may be incurred. The most significant usually being loss of earnings. Loss of earnings damages allows the claimant to recover earnings lost as a result of the accident.
Other broad heads of damages that can be recovered are:
- Items of specific loss
- Medical expenses
- Cost of services provided by a third party otherwise carried out by the claimant
- Additional travel expenses
- Adaptations made to the home to allow for any injuries sustained as a result of the accident
- Cost of care provided either professionally or by family and friends beyond that normally provided
The above is not an exhaustive list of losses merely the most common.
It is important that you retain information regarding any special damages that you seek to recover. These will usually be in the form of receipts, invoices and tickets. It is often useful to retain a record of all out of pocket expenses at the time they are incurred for easy future reference.
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