Compensation, known as damages, is awarded when someone has been injured in an accident as a result of someone else’s negligence.
Damages in Personal Injuries are split between General damages and Special Damages.
General damages are to compensate an individual for the pain, suffering and loss of amenity they have suffered as a result of the accident/injury. General damages are calculated by reference to both published Judicial College Guidelines (for judges) which suggest upper and lower amounts for specific injuries and a large database previously-reported cases. In complicated cases or where clients have suffered multiple injuries, we take advice from a barrister as to the value of the injury element of a claim.
Special damages are damages for the financial losses a person suffers as a result of the accident. These include both past and future losses. Examples of past losses include:-
- Loss of earnings
- Unpaid care and assistance received from others
- Damage to clothing and property
- Vehicle-related damage including hire charges
- Medical expenses
- Mileage
- Cost of transport to medical and other appointments including taxi fares, bus and tram fares.
- Services paid for due to the injury such as hiring a cleaner, gardener, child minder, decorator or someone else to perform the work that the injured person would have done themselves if they weren’t injured.
- Cancellation charges and lost deposits
- Ruined holidays
- Cost of aids and equipment required
- Adaptations to houses and vehicles
If the client doesn’t make a full recovery from their injuries, they will often be entitled to recover compensation for future losses which might include one or more of the following:-
- Lost earnings
- Care and assistance required
- Future medical treatment and medication
- Disadvantage on the labour market
- Court of Protection costs
These are examples and not meant to be complete lists. Most cases don’t involve future losses as the majority of injured clients make full or nearly-full recoveries from their injuries. Each person’s case is different and we try to ensure that they all recover the compensation they are entitled to.
Should you have been involved in an accident and would like legal advice, please do not hesitate to contact us on 0114 218 4000 or email us at P.I.Dept@tayloremmet.co.uk
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