Assessing the Value of Compensation

In Personal Injury Claims the award of compensation is to restore the injured person to the position they were in prior to the accident.

Compensation is divided into two parts. The first part is compensation called Special Damages. This is for items of loss which can be specifically calculated and represent financial loss from the date of the accident until the date of trial.

The main heads of Special Damages are:

1. Items of specific loss, which include the following:

a) The cost of repair of vehicle
b) Policy excess
c) Hire car charges
d) Any travel expenses including bus fares and taxi fares
e) Damage to clothing
f) Prescription charges
g) Recovery or storage charges
h) Damaged items

2. Loss of earnings to the date of trial. This is the most common example of Special Damages. The injured person is allowed to recover their net loss of earnings.

3. Medical expenses prior to trial. In certain cases where there are long waiting lists under the NHS, the injured person may be entitled to receive private medical treatment in an attempt to speed the recovery period. The injured person can then claim for the reasonable cost of private medical care.

4. Costs of services provided by a third party prior to trial. The value of the services may be claimed by the injured irrespective of whether the third party has been put to actual expense in rendering those services. For example it is possible to reclaim professional nursing care expenses or in the case where the injured person was assisted by their spouse or other family member, the value of these services can be reclaimed.

5. Expenses relating to the cost of living with disabilities prior to trial which would include the following:

a) Adaptation of the family car to allow the injured to drive
b) The cost of a wheelchair
c) Additional fuel costs
d) Installation of a stair lift
e) Installation of a shower if the injured is unable to use the bath
f) Any adapted furniture

The second part of a claim for compensation is entitled General Damages and this will include the following:

1. Pain and suffering and loss of amenity, awards of compensation under this head are designed to compensate the injured for the pain and suffering attributable to the injury both immediately after the accident and in the future. It will cover not only physical injury but also psychological illness. Loss of amenity is designed to compensate the injured for loss of enjoyment of life which they have suffered as a result of the accident, for example, under this head it includes loss of enjoyment of holidays, sports, pursuits and hobbies.

It is impossible to give a precise figure on what an injury is worth in regard to pain and suffering and loss of amenity. This award of damage is not capable of precise mathematical calculation. In attempting to value the claim your solicitor will make reference to specialist text and previous case reports. You will be advised further on this when the time arises.

2. Handicap in the labour market. This is to compensate the injured party for potential difficulties they may suffer in obtaining another job due to the injury sustained if they lose their current job.

3. Loss of earnings post trial.

4. Future cost of care/future cost of specialist equipment.

5. Lost pension.

For immediate, compassionate and free advice contact our Personal Injury Team who are ready to help you. 01392 209209.

Roger Henderson - 01392 209218.
Email: roger.henderson@rundlewalker.com