When assessing the payout for an accident compensation claim several factors are considered by personal injury solicitors which include the type, extent and severity of any injury caused by the accident and any possible long term or future problems. The actual financial payout is assessed by reference to damages awarded in previously decided cases. Lawyers make use of court records to establish similar cases and put forward the figures awarded previously. There is however an easier way to establish these amounts rather than looking at multiple court records. The Judicial Studies Board which is a government funded institution responsible for training judges publishes guidelines to damages awards for personal injury compensation cases and these guidelines are usually supplemented by reference to a multi volume book called Kemp & Kemp which is a collation of all important previous damages awards.
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 a payout 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.
Categories of Loss
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 & Special Damages
The amount of the injury compensation payout that we claim on your behalf consists of items in the following categories :-
Represents personal injury compensation that is difficult to calculate mathematically and requires a degree of assessment. The principal items claimed in this category are for "pain and suffering" and "loss of amenity":
Pain describes the physical pain caused or consequential to the injury arising directly out of the accident.
Suffering is the mental aspect of the injury and includes Post Traumatic Stress Disorder, anxiety, fear and embarrassment etc.
Amenity includes claims for the loss of enjoyment of life e.g. where an accident victim loses their sight and so will not be able to enjoy painting or walking as before.
Inconvenience, discomfort, disappointment and mental stress have all been the focus of judicial scrutiny for injured people.
Represents personal injury compensation that can be calculated accurately with a degree of mathematical certainty and includes any medications, loss of earnings or out-of-pocket expenses that may have directly resulted from the other person's (or organisation's) act of negligence. Other items that can be claimed under category include:-
physiotherapy, osteopathy and chiropractor fees
nursing care full or part time
conversion of cars for permanently disabled victims
repairs to cars, motorcycles or bicycles, a hire car, loss of no claims bonus or excess
conversion of living accommodation
cost of gardening and DIY
This item takes into consideration any losses that might reasonably be incurred in the future including loss of earnings and even loss of pension. It also covers an assessment of the cost of any future care (e.g. physiotherapy treatment) or accommodation, treatment or any drugs you may need.
Personal Injury Solicitors
Umbrella Claims is a specialist organisation that deals exclusively with accident compensation claims on a No Win No Fee basis. We will minimalise any inconvenience to you and we offer free advice without obligation from some of the best lawyers in the business. We ensure that our client's interests are a priority and our lawyers deal with claims in a friendly, efficient and competent manner to ensure that you get the compensation that you deserve in the shortest time scale possible. We operate the no win no fee scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client.