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..... where you get to keep 100% of your compensation
claims.
Compensation
Claims
The
compensation awarded is intended to return an injured person to the position he
or she would have been in had the accident not happened.
What compensation can I claim for?
A successful personal injury claim will provide you with a lump
sum of money which - in theory - should put your life back on track to
where it would have been had the accident not occurred. In practice
this is often not possible, as money can never fully
compensate
for any long-term injury or permanent disability.
You should be able to obtain compensation for all damages suffered as
a result of the accident. The pain and suffering is only part of the claim.
You can also claim for any loss of earnings, special nursing needs, temporary
or permanent disability, damage to your vehicle or someone else's - becoming
the victim of an accident or injury can be a very expensive business.
Types of damages
1.General Damages in compensation claims
This is the legal term for the lump sum of money awarded in compensation
claims
for the actual injury, the pain and suffering, and the loss of amenity
caused by it. Your personal injury solicitor will be able to advise you
on the amount you can expect to receive by referring to awards that the
Courts have made for similar injuries in the past, and by referring to
"The Judicial Studies Board Guidelines". This is only possible when it
is known whether or not you will make a full recovery or, whether
you are likely to have residual symptoms, or deterioration in
the future. Damages cannot be assessed until a medical report has been
obtained. In cases of serious injury, it may be necessary to obtain a
number of reports from a variety of doctors and specialist consultants
before the prognosis can be arrived at.
2. Special Damages in compensation claims
In compensation claims, this is money awarded to compensate you for the financial loss and expense you
have suffered as a result of the accident. For example:
loss of earnings
the cost of private medical treatment
prescription charges
care and nursing
purchase of necessary special equipment
traveling expenses
car hire
costs of hiring help with gardening or household chores etc
damage to property (such as clothes, jewellery, cameras etc)
However, please note that you have a duty to mitigate your loss.
The law also requires you (through your solicitor) to prove your
loss. Therefore, it is important to keep a record of all your
losses and expenses - obtain invoices and receipts whenever possible.
3.Future Losses in compensation claims
This is money to compensate you for anticipated loss and expense that you
would incur in the future because of your injuries - including loss of
future earnings, cost of on-going medical care etc.
In order to bring the compensation claim to an end as soon as practically
possible, a one-off lump sum payment is made to take these into account.
To calculate this lump sum amount, various factors are considered
- including the medical prognosis, and the injured person's remaining
life expectancy. Also computed into the calculations is the investment
value of the lump sum itself.
When assessing damages in compensation claims, the claimant's circumstances are also taken into
account. For example, a small facial scar could have a more devastating
effect on the social life and career of a 21 year-old photographic model
than that of a 55 year-old fireman.
For further information on damages visit our
Compensation Claims - How Much Might my Claim be Worth?
and Further Reading on Compensation
Claims pages.
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