What is Loss of Amenity in an injury claim?

Loss of amenity describes the non-financial impact an injury has on your work, family and social life. It is one of the components of the compensation you will receive.

Personal injury compensation is normally made up of two elements - general damages for the physical or psychological injury you have sustained; special damages for the financial losses you have suffered such as loss of earnings and the cost of medical care.

Loss of amenity is usually grouped with general damages, and takes into account all the lifestyle limitations that your injuries have forced upon you through no fault of your own. It attributes a financial value to the non-financial things you have lost, such as playing sports, enjoying other hobbies, or the ability to socialise with friends.

Examples of loss of amenity

Loss of amenity describes any situation that diminishes a person's quality of life. Examples include:

• a driver who can no longer play a musical instrument after injuring their hand in a car accident
• a factory worker who loses his hearing after years of working without ear protection who is no longer able to watch television or chat with his family
• a recreational golfer who can no longer participate in their favourite hobby after suffering a back injury in a supermarket slip and fall accident
• a teenager who can no longer use a mobile device to access social media and communicate with their friends following an eye injury at a school sports event.

How is loss of amenity calculated?

Compensation for the impact an injury has on your quality of life is a deeply personal issue. As such, it is difficult to quantify through the usual channels, for example, medical reports, receipts and salary calculations.

If the defendant's solicitor disputes the amount of compensation you are claiming for loss of amenity, video or photographic evidence may be needed to clearly shows how your quality of life has diminished. Family, friends and colleagues may also be called upon to substantiate your claim. If the matter goes to court, a judge will then assess your compensation award compared to similar awards.

Maximising loss of amenity compensation

The key to getting the most value from a loss of amenity claim is to make a note every time your injury prevents you from doing something that would have formed part of your pre-accident routine.

You should also record any important events that you cannot attend because of your injury, such as a family wedding or funeral. Money will not make up for the distress of missing out on these major life events, but the court will attempt to compensate you for this disappointment.

It is important to be honest when describing your injury's impact on your life, and to not exaggerate. You may need to provide evidence of this impact later, and any dishonesty could impact the overall success of your claim.

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.