PERSONAL INJURY COMPENSATION CLAIM ADVICE

The purpose of a personal injury compensation claim is to put the victim of an accident back into the position that they would have been in had the accident not occurred. This represents an attempt by the victim to recover the quality of life enjoyed before the accident by way of monetary damages. Money however is inevitably going to be an inadequate method of compensating for pain and suffering, stress, emotional discomfort and psychological illness. Just the inconvenience and pressure of pursuing a claim can aggravate problems and slow down recovery time thereby being self defeating to some extent.

One of the basic elements of a personal injury compensation claim is to look at any actual financial losses that may have been caused by the accident. Theses exactly quantifiable items which do not rely on an assessment are called “special damages” and include the following :-

• Items of specific loss which are usually proved with written estimates, invoices or bills.
• Loss of earnings is a crucial and often very valuable element of damages if the victim’s injuries will prevent return to work temporarily or permanently .
• Medical expenses which are not covered by the NHS.
• Cost of services which includes the cost of hiring a professional caregiver but also applies if the friends and family of the victim were in attendance.
• Expenses stemming from the cost that emerged from living with the disability or injury including special equipment or handicapped facilities of any deescription.

Another basic element of a personal injury compensation claim is called “general damages” which represents compensation for items that are difficult to calculate and are thus estimated or assessed on a case by case basis. These include :-

• Pain and suffering of the injury itself including psychological difficulties.
• Loss of amenity which represents loss of the enjoyment of everyday pleasures including pastimes and hobbies.
• Handicap on the labour market that may lower the victim’s ability to earn.
• Inability to return to any pre-accident occupation.
• Loss of pension
• Loss of use of motor vehicle.

There are also several other categories in a personal injury compensation claim that tend to be sub categories of the two above and may have elements of both special damages and general damages. This will include some parts of certain future losses that are based on figures available now but projected into the future. In addition there is an interest element to consider which is awarded by the court at different rates and for different periods dependent on the actual item of damages being considered.

The most controversial aspect of most personal injury compensation claim settlements revolves around the award of damages for pain and suffering the assessment of which is a fine art. The basis for an award in this category relates to consideration of previously decided cases that are adjusted and updated to fit the circumstances of the injury being considered. Judges have access to all court of appeal records and temper this information with their own experience of many years in a court of law together with consideration of written guidance available from the Judicial Studies Board which is an independent government funded body charged with training and guiding the conduct of judges in the UK.