What losses and damages can I claim for in an injury claim?
If you have suffered an injury that was not your fault, the law entitles you to claim financial compensation. But what exactly can you claim for?
The law entitles you to claim for:
- financial losses you have suffered or may suffer in the future.
- loss of wages if you have had to take time off work
- the cost of medical treatment
- any other costs or expenses, including vehicle repairs.
In legal terms, personal injury compensation is broken down into two distinct categories:
General damages are awarded for “pain, suffering and loss of amenity”. This means the general damages you get will be calculated based on the seriousness of your injury, and the specific impact that your whiplash symptoms have had on your life.
Special damages are for any other costs or losses incurred as a rwsslt of the accident. These will vary on individual circumstances, and could include:
Loss of earnings
If you have had to take time off work as a result of your injuries then you are entitled to seek compensation for loss of earnings, overtime, lost pension contributions etc.
Things can get more complicated in the case of self-employment, zero hours contracts, loss of promotion and so on.
It is also possible to claim for future loss of earnings. This means that if you are unable to return to work when the claim is settled, the medical prognosis for recovery will be relied upon to calculate future loss of earnings.
This can ensure that you are financially covered until you return to work - or even if you are unable to do so.
Family loss of earnings
If a family member has had to take time off work then a claim can be made for the family member's loss of earnings. Any costs incurred by the family member in supporting you can also be claimed for.
Carer and other helper costs
If you have needed help from a carer or nurse you can claim for their costs. Any equipment provided by the carer , where there is a cost implication, can also be claimed for.
Medical treatment/prescription costs
If you have incurred any treatment costs such as physiotherapy, chiropracty or any other treatment these can be included with your claim. Prescription costs may also be claimed for.
Housing modification costs
If your house has to be adapted following your injury, the cost of the special equipment an modifications can be claimed for.
The costs of travelling to and from appointments and medical treatments should all be recorded (keep receipts) as these can be included in your claim.
Damage to property and possessions
Any damage to personal effects such as spectacles, clothing, computers and phones can be claimed for if damaged as a result of the accident.
Damage to cars, motorbikes and pedal bikes can also be included.
The above list is not exhaustive. Special damages have been successfully sought for any number of other things where financial loss (or ;loss that can be quantified financially) can be established.
- Loss of enjoyment on holiday - e.g you break a leg before a skiing holiday
- Loss of enjoyable employment - if our injury means you can no longer do a job you enjoy and have to accept a job which you don't enjoy, a financial case for 'loss of enjoyment' can possibly be made.
- Increased utility bills resulting from being housebound
To speak to a solicitor about making a claim, or for any other information, call us on 0800 612 7456