Calculating damages in a personal injury claim: how it’s done
To launch a successful claim for personal injury it is necessary for the person who has been injured, the claimant, to show that their injury was caused by another person and that this other person, the defendant, owed a duty of care at the time of the accident. In this sense, the ‘duty of care’ is a legal term which describes a relationship where the activities are so obviously capable of causing injury to another that the person carrying out the activity must take care to not cause such injury, which is recognised as a legal duty.
Once it has been shown that the defendant has breached the duty of care, however, it is often surprising to the claimants just how widely the courts will view their circumstance when calculating compensation. A recent personal injury claim in Llanrwst can be used as an example of how such a claim might transpire.
Damage calculation in the personal injury claim in Llanrwst
The accident in the personal injury claim in Llanrwst case was caused when a driver dangerously and inappropriately changed lanes on a busy city centre road without properly indicating or checking her mirrors. As a result a cyclist was knocked from her bicycle and suffered a range of less than life threatening injuries, including a shattered elbow that will probably impair functionality of her left arm for the remainder of her life.
There are statutory guidelines which govern how much compensation will be payable for different kinds of injuries, although these are typically just starting points for calculation and subject to frequent adjustment.
For instance, in the personal injury claim in Llanrwst case the court included in its calculations the loss of the cyclists earnings for the period of time in which he was, firstly, in hospital (several days) and secondly, the period of time which it is likely to take before he will be able to return to work. Furthermore, the court makes reasonable adjustments for how the injury is likely to affect his earning potential over time. Damages for pain and suffering were also awarded, although these are only awarded where a medically certifiable injury is also committed.
Get in touch with us
If you have been injured in an accident which wasn’t your fault then the only people who can give you a fair estimate of what your compensation award might be are trained legal professionals such as those at Accident Advice Helpline. Just call 0800 689 0500 (or 0333 500 0993 from a mobile) for a no obligation chat today!
Date Published: 31st October 2013
Author: David Brown