Assessment of general damages in personal injury
General damages are costs that, unlike special damages, cannot be determined on the basis of totalling up the value of receipts for injury-related expenditures. The predominant factor for a solicitor to consider when carrying out an assessment of general damages in personal injury claims is your pain, suffering and loss of amenity. However, a number of other factors must also be taken into consideration.
Pain, suffering and loss of amenity
You will be entitled to recover compensation for any pain, suffering and loss of amenity resulting from your accident. The pain and suffering element includes the past, present and future physical and psychological effects of your injury. In addition, you are entitled to compensation for loss of amenity, which includes your inability to perform essential daily tasks such as gardening and shopping.
The Judicial Studies Board Guidelines offer financial recommendations for common types of personal injuries. However, your solicitor will also need to consider your age and any pre-existing disabilities you may have had.
Labour market handicaps and loss of employment
If your personal injury has made it difficult for you to find work, you may be entitled to recover damages for labour market handicaps and future loss of earnings. Similarly, if you are able to demonstrate that you had to give up your job because of your injuries, you may be entitled to recover compensation for loss of employment.
Loss of future prospects
You are entitled to recover damages under loss of job prospects if you are able to show, for example, that you have lost marriage prospects because of your personal injury.
Loss of use
Loss of use compensation covers you for your inability to use items damaged at the time of your accident. This award therefore covers the loss of items such as cars, motorbikes, vans and bicycles.
Loss of leisure time
Loss of leisure time compensation covers you for your inability to enjoy holidays and hobbies.
Contacting a solicitor to receive an assessment of general damages in personal injury claims
To receive an assessment of general damages in personal injury claims, contact the Accident Advice Helpline via the Freephone helpline and discuss your case with a trained claims advisor. They will talk you through the claims process and pass your case onto an experienced personal injury solicitor, who will collect the evidence required to estimate the value of your personal injury claim.
Date Published: 30th July 2013
Author: David Brown