General Damages
GENERAL DAMAGES
In respect of a personal injury claim, the word "damages" means the same as the word "compensation".
General damages compensate you for your “pain, suffering and loss of amenity”, and in many cases forms the largest part of the compensation. Special damages are claimed in respect of your associated financial losses.
The level of general damages applicable in your claim is based on the seriousness of injuries you have suffered, how long it will take for you to recover and whether you will have any long term or permanent effects, eg scarring.
General damages also include compensation for any lost future earnings if your injury is serious enough to prevent you working later in life. Possible future promotions and pension entitlement will also be considered.
Additional compensation may be recovered for loss of congenial employment. This is awarded on the basis that your employment was
“more than just a job". This can apply to any job for which you felt that you had a vocation and due to the long term effects of your injury you can no longer perform. It is not limited only to people such as nurses, firefighters and police officers.
“Loss of amenity” is the extent to which your life has been affected by the accident. You may be a keen golfer and are unable to play because of your injuries, or you might not have been able to participate in other hobbies even if only for a short time. This also covers any changes that you have had to make in your employment because of your injuries, and any inability to fully carry out household or domestic tasks, etc that you used to perform.
Please note that you are likely to recover more quickly from your injuries if you receive ongoing medical treatment or rehabilitation and in appropriate cases we can arrange this at no cost to you.
WHO DECIDES HOW MUCH I RECEIVE?
We will arrange for a medical expert to consider your medical records, examine you and prepare a detailed report describing your injuries, any treatment received or suggested and indicating when you are likely to recover. We will send you a copy for approval.
In most cases we will be able to assess the amount of compensation you are likely to receive by comparing your claim with similar cases where compensation has already been paid, and also by looking at the Court’s guidelines on the value of certain injuries.
If your claim is particularly complicated we will send details to a Barrister, who will advise on the amount of compensation you are likely to receive.
We will send the medical report and a schedule of special damages to your opponent’s insurers or solicitors with the aim of negotiating a settlement with them. We will discuss the value of your claim with you in detail before negotiating a final agreement.
If negotiations are not successful an application to the Court may be necessary, and if this situation arises we will explain the process to you. It is still possible to agree a settlement even after the Court has become involved and very few cases actually need to be decided by a Judge at a trial.
In fatal accident cases, additional damages will be awarded for funeral expenses and compensation will be awarded to any qualifying relatives, such as spouses or children, who were dependent on the deceased for their income and time.
You may be entitled to Compensation:
- We will deal with your claim on a No Win - No Fee basis which means that if you are successful then your opponent will pay your compensation and our costs.
- If you are not successful then you do not pay us anything at all.
We can help you recover what is rightfully yours.
Our Assurance:
- No hidden costs or administration charges
- Keep 100% of your compensation
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£30,000
