In our previous blog, we told the story of a woman who is claiming £4.2million in compensation after her career was devastated as a result of a tripping accident at a London pub. Carmen Mazo, a HR consultant claims that her award of £156,871 isn’t even close to reflecting the loss she has suffered as a result of her accident - indicating that she would be making around £700 per day were it not for her fall. Ms Mazo suffered a wrist injury which has left her with prominent and significant scarring as well as psychological issues affecting not only her work but also her social life and confidence. This is an interesting case and one which has highlighted a need to provide those who have suffered accidents with an outline of how compensation is calculated, and how much they could be entitled to after suffering an injury.
This is case is also important in highlighting the need for a specialist personal injury solicitor when making a claim. Only an expert personal injury solicitor will be able to advise you fully on the ways in which you should be compensated for your pain, suffering and loss. Our solicitors have dealt with thousands of cases, and are best placed to fully understand your compensation requirements, and how best to negotiate for maximum compensation. Contact our solicitors today to find out how much compensation could be owed to you as a result of an accident.
Below is an outline of how personal injury compensation is calculated, to help you better understand how much could be due to you if you have suffered an injury as a result of an accident that wasn’t your fault.
When making an award of personal injury compensation, the court is looking to put the injured person in the same position as they were in before the accident. While for many accidents, this will be impossible as no amount of money may be able to repair certain types of physical or emotional damage, compensation is designed to reflect the loss suffered by the injured party.
Compensation will take into account not only the injuries suffered by the party but also any loss of amenity and the stress of having suffered an accident and the inconvenience of the subsequent litigation. This is in addition to the compensation awarded for quantifiable financial loss suffered by the injured party.
The court will award an amount for pain, suffering an loss of amenity known as “general damages”. It can be difficult to calculate how much you will be awarded in general damages as the amount awarded will very much depend on your specific circumstances. The main heads of claim under general damages are:
Pain, suffering and loss of amenity experienced by the claimant.
• Any handicap experienced by the claimant n the labour market.
• Loss of pension.
• Loss of use of car or another motor vehicle
• Inability to return to previous occupation
General damage awards are based on subjective speculation; this means that each case is considered in light of the effect the injury has had on the particular person. There must be evidence to prove that the claimant has suffered to be awarded general damages. Your solicitor will take a statement to fully understand the effect you injury had on you. However, it may also be useful to keep a log of all of the ways in which you are affected by your injury. This may include things such as difficulty sleeping or carrying out everyday tasks. Medical evidence will also assist in proving the effect your injury has had on you, and your solicitor will advise you on the medical evidence required to make your claim.
The Court can make an accurate assessment of financial loss based on the evidence provided by the injured party’s solicitor. It is essential that if you have suffered an accident that was not your fault and wish to pursue a personal injury claim, which you contact a personal injury solicitor. Our specialist personal injury solicitors have years of experience in handling personal injury claims and will be fully able to advise you on all the ways in which you should be compensated for your injury. Compensation for financial loss in a personal injury claim is known as ‘special damages’. Special damages are awarded for things such as:
• Specific items lost as a direct result of the accident, such as damage to a vehicle in a road traffic accident.
• Loss of earnings as a result of an injury suffered from the accident.
• Loss of future earnings if it is unlikely that the claimant will be able to return to work in the future, such as in the case outlined above.
• Medical expenses
• The cost of professional care, or the cost of care provided by friends and family
• Expenses related to an increased cost of living as a result of the accident
• Modifications made to the home as a result of your accident or injury.
If you have been injured in an accident that wasn’t your fault and wants the best chance to receive maximum compensation for your loss, contact our specialist solicitors today. Our team of expert solicitors can guide you through the process of making a personal injury claim with empathy and respect. We will always keep you informed our how your claim is progressing, and will never use legal jargon to confuse you. We understand how important your case is to you and the significance it can have for getting your life back on track. Contact us today to find out how much you could claim, and how we can help.
If you have been injured due to a slip, trip or fall through no fault of your own, our team of expert solicitors can help you get the compensation you deserve. Contact our team of expert solicitors today using our online contact form.