A
successful personal injury claim will provide you with a lump
sum of money, which in theory should put your life back on track - to
where it would have been had the accident not occurred.
Although, in practice this is often not possible as money can
never fully compensate for any long-term injury or permanent
disability.
You
should be able to obtain compensation for all damages suffered as a result
of the accident. The pain and suffering is only part of the claim. You can
also claim for any loss of earnings, special nursing needs, temporary or
permanent disability, damage to your vehicle or someone else's - becoming
the victim of an accident or injury can be a very expensive business.
Types
of damages:
1.
General
Damages
This is the legal term for the lump sum of money to compensate you
for the actual injury, the pain and suffering, and the loss of
amenity caused by it. Your personal injury solicitor will be able to
advise you on the amount you can expect to receive by referring to awards
that the Courts have made for similar injuries in the past, and by referring
to "The Judicial Studies Board Guidelines". This is only
possible when it is known whether or not you will make a
full recovery or, whether you are likely to have residual symptoms,
or deterioration in the future. Damages cannot be assessed until a medical
report has been obtained. In cases of serious injury, it may be necessary
to obtain a number of reports from a variety of doctors and
specialist consultants before the prognosis can be arrived at.
2.
Special
Damages
This is money to compensate you for the financial loss and expense you
have suffered as a result of the accident. For example,
loss of
earnings,
the cost of private medical
treatment,
prescription
charges,
care and nursing,
purchase of necessary special equipment,
traveling expenses,
car
hire,
costs
of hiring help with gardening or household chores etc
damage
to property (such as clothes, jewelry, cameras etc)
However, please note that you have a duty to
mitigate your loss. The
law also requires you (through your solicitor) to prove your loss.
Therefore, it is important to keep a record of all your losses
and expenses - obtain invoices and receipts whenever possible.
3.
Future
Losses
This is money to compensate you for anticipated loss and expense that you
would incur in the future because of your injuries - including loss of
future earnings, cost of on-going medical care etc.
In
order to bring the claim to an end as soon as practically
possible, a one-off lump sum payment is made to take these into
account. To calculate this lump sum amount, various factors are
considered - including the medical prognosis, and the injured person's
remaining life expectancy. Also computed into the calculations is the
investment value of the lump sum itself.