INJURY COMPENSATION CLAIM

The purpose of a personal injury compensation claim is to put the injured party back in the same position that they would have been in had the accident not occurred. Whilst this is relatively straightforward for actual financial losses that can be accurately calculated such as wages loss or damage to personal property it becomes a much more difficult issue in regards to imponderable losses that must be fully or partially assessed such as damages for pain and suffering or for losses that have to be projected into the future.

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Estimate of Loss

A solicitor starts a case by obtaining as much information as possible that supports the allegation of negligence and also proves and demonstrates the financial losses. Once an estimate has been made of loss that can be verified, the solicitor will write a formal letter of claim outlining the allegations and putting forward figures for losses that can be accurately calculated and will invite offers, from the third party, for that part of the claim that will need a degree of assessment.

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Special Damages & General Damages

Because of the difficulties associated with losses that must be assessed in a personal injury claim, for the sake of convenience, lawyers divide compensation into two categories called ‘special damages’ and ‘general damages’. Items that are difficult to calculate accurately and need to be assessed are categorised as general damages and include pain and suffering, loss of a particular life style and reduction in employment prospects. Special damages represents compensation for items that can be calculated accurately, usually proved by documentary evidence including pay slips, invoices and estimates, and damage to property, past wages losses and general expenses incurred as a direct result of the accident.

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Assessment

General damages calculations have taxed lawyers and judges for centuries. How can money ever properly compensate for personal injury which of course includes fatalities? The system for calculating damages in a personal injury compensation claim compares current cases with previously decided cases and, rightly or wrongly, awards damages that bear comparison subject to inflationary increases. In addition guidance is given by an independent government body called the Judicial Studies Board which, in addition to training and advising judges on court procedure also publishes a guide which outlines current damages levels for a wide range of injuries. Finally, in addition to outside influences including case law and independent guidance, a judge is entitled to call upon his own experience both as a former practicing lawyer and as a member of the judiciary when deciding upon relevant damages awards.

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Personal Injury Solicitors

Our solicitors operate the no win no fee scheme and will decipher and untangle any complex case for you on a risk free basis and will also ensure that you receive 100% of the compensation award. All our lawyers are members of the Solicitors Regulation Authority panel of personal injury experts. To discuss your potential compensation claim with a specialist lawyer with no further obligation just call our helpline or complete the contact form.