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Compensation
claims
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how much can I get?
In
order to succeed in your compensation claim, your solicitor must establish liability and
prove that someone else was negligent and that the negligence caused your
injuries and other losses. In
legal terminology, negligence means a failure to take reasonable care to
avoid acts and omissions which would be likely to cause injury and that,
care was not taken which caused the injury.
The amount payable to compensate you is made up of general damages and special
damages - including any future loss.
Compensation claims - General Damages
These cover items which cannot be calculated precisely. The main item of
general damages is usually the compensation for the injury itself including
pain and suffering. Damages for pain and suffering are normally established
following review of medical reports obtained specially for the purpose.
Compensation claims - Special Damages
These refer to items of loss which can be calculated reasonably accurately.
A specialist accident compensation solicitor will claim all losses sustained
including reduction of earnings, travelling expenses for medical treatment,
cost of medical treatment and medicines, personal effects damaged in the
accident, and the excess on an insurance policy. It is usually necessary to
document these losses by the production of receipts. However in the absence
of receipts, the solicitor would make estimates of your loss and then
verified these by other documentary evidence.
Compensation
claims - Future Losses
The calculation of these losses is often quite complex and if, as a result
of your accident, you have losses that are likely to continue for the
foreseeable future then your compensation award needs to take these into
account.
Interest
You may be entitled to interest on some of your accident compensation. The
rate payable and the period for which it is payable varies - depending on
the type of damages. Interest on special damages runs from the date of the
accident whereas interest on general damages runs only from the date of
service of legal proceedings.
For
an indication of the
current level of General Damages for compensation
claims please click here.
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