Compensation Claim for Damages

If your personal injury* claim is successful, you will be awarded compensation, also known as damages

Damages are assessed under various categories which include:

General damages

General damages are assessed under two headings- pain and suffering to date and pain and suffering into the future.General damages are usually for "pain and suffering" for both the initial injury and for any ongoing suffering or disability and for "loss of amenity" which includes payment for not being able to do the things that contribute to the enjoyment of life. Damages for "loss of amenity" are designed to compensate for being unable to pursue the kind of lifestyle enjoyed prior to the accident or the lifestyle that could have been expected if the accident had not occurred. Also in this category is damages payable for "disadvantage on the open labour market" which means that if there is a possibility of change of employment in the future and the injury may restrict opportunity then a sum for damages may be payable. Interest is payable on general damages awarded by the courts and runs from the date of the award.

Special damages

Special damages are items of loss which you have suffered or expenses that you have incurred because of your injury. Generally, these losses can be calculated accurately. It is usually necessary to prove these losses by production of receipts; however in the absence of receipts estimates of loss can often be made and verified by other documentary evidence. Interest is payable on special damages and runs from the date of the accident. Special damages awards may include:

insurance excess
damage to property
vehicle damage
medical and other expenses
aids and equipment
adapted accommodation and transport
medical charges
medical care and assistance
medical therapies
travelling expenses
loss of earnings
assistance for household chores
car hire

Future loss

Some people who have sustained serious injuries suffer long-term losses and expenses as a direct result of their injuries. Future losses depend on complex calculations and if you have losses that are likely to continue into the future then a special calculation is applied to the estimated annual loss to arrive at a fair figure for compensation.

Compensation for future loss will take into account some or all of the following:

Future loss of earnings, including the loss of any promotion prospects
Loss of pension rights
Costs of providing personal care support required in the future
Costs incurred if special accommodation is required including any extra domestic expenses
Costs of physiotherapy and any other specialist therapeutic services
Costs of any special aids and equipment including their annual maintenance and replacement costs.

* In contentious issues, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002