Loss calculation in an accident compensation claim by a personal injury solicitor is not as straightforward as it might first appear. Whilst most reasonably incurred losses and expenses can be claimed back there are some restrictions and some problems with calculating certain aspects of a claim. The first rule to consider is that the claim for a particular item must not be ‘remote’ which means that it must be a reasonably foreseeable loss thereby precluding obscure losses arising somewhere along a chain of events from the claimant. As an example it may be possible to claim for injury arising in an accident on the way to a business meeting but it may not be possible to claim for subsequent losses caused by the missed business opportunity.
Even when remoteness is not an issue there are often difficulties for a personal injury solicitor to calculate certain losses. Lawyers therefore divide compensation into two main classes which are nominated as ‘special’ damages and ‘general’ damages and in addition there are some sub-categories the most relevant of which is ‘future losses’ which can have characteristics of both previous classes and a further classification covers ‘interest’ lost and claimable on all classes of claim but at different rates and for different periods dependent on which class the loss falls into.
General Damages is defined as compensation for losses that cannot be accurately calculated on a straight mathematical basis. This category requires a degree of assessment by a personal injury solicitor or by a judge if ultimately the value of the claim cannot be agreed. This category covers the ‘pain and suffering’ of the injury and loss of ‘amenity’ otherwise known as the everyday enjoyment of life as a result of restrictions caused by any personal injury. The value of an award for these items is based on awards made by judges in previous cases and on guidance provided by the Judicial Studies Board which is an independent organisation funded by central government. Whilst lawyers do sometimes revert to original records of court cases most of which are available for important claims heard in the Court of Appeal most lawyers simply refer to a publication called Kemp & Kemp which is a detailed multi-volume compendium of the most relevant cases sub categorised into the various aspects and severity of different injuries.
Special Damages refers to compensation that can be calculated by a personal injury solicitor relatively accurately with some certainty and does not usually need any degree of assessment. This category includes wages losses, damage to personal property, general expenses and medical costs etc.
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