If you have been hurt and are thinking about making a claim, chances are you will already be thinking about the amount you can claim and whether this is enough to make it worth your while.
In general every claim is split into two parts; firstly there is compensation for your actual injury, then there is also compensation for your financial losses or expenses as a result of the accident.
This short guide should tell you all you need to know about how we at the Accident Advice Helpline and our legal partners calculate the amount of compensation we will be fighting for, so you can decide whether to go ahead with your compensation claim.
Compensation claim for an injury
When you are injured in an accident, you are entitled to claim for the suffering, pain and ‘loss of amenity’ you have endured as a result of the accident. ‘Loss of amenity’ simply means being unable to enjoy the things you would normally enjoy because you can no longer do those things as a result of your injury. This may be playing a musical instrument, playing sport or some other activity that you can now not do because of your injury.
The amount that is claimed for is calculated based upon the impact the injury is having on you now and its estimated impact in the future. If, for example, your knee is so badly injured you can never play a sport you enjoy again, then your claim will be for more than someone who just has to miss a couple of weeks of their sport whilst the injury heals.
When you get in touch with a solicitor through the Accident Advice Helpline, you will often be asked to attend a specialist medical appointment to discuss and assess your injuries. They will discuss your injury and potentially perform some additional tests to determine the long term impacts of your injury. This will help your solicitor to establish the amount of compensation that will be fair to pay for your injury.
Compensation claim for financial losses
In addition to the compensation you will be seeking for your injury, you should also be looking to be compensated for any additional expenses you have incurred as a result of the accident. This means it is essential you keep accurate records of injury related expenditure, including receipts from taxis, prescription charges, wage slips etc. Some of the things that can be claimed for under this section include medical expenses, loss of earnings, care expenses, insurance excess reimbursement, travel expenses and general costs of lifestyle changes as a result of the accident.
Once you have instructed a solicitor through the Accident Advice Helpline to deal with your claim, they will take over the collection of evidence for financial losses. You can help them to build an evidence base to take to court by keeping all receipts, noting dates where you have taken time off work, keeping bus and train tickets as well as receipts for any additional medicines you buy at the shops to treat your injury, such as overt he counter painkillers.
Before your case is brought to court, you will have the opportunity to discuss the potential amount you can claim with your solicitor in order to agree a set amount to go for. If you disagree with the figure your legal advisor has calculated you will be able to argue your point, but bear in mind that these solicitors are highly experience and qualified, so probably have a good idea of what is likely to be successful too. Contact us today to find out more.