FINANCIAL LOSSES THAT CAN BE CLAIMED, INCLUDING PAST AND FUTURE LOSS OF INCOME

September 1st, 2008 Hinchliffes

Published in Truckstop News – September 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors provides details of “FINANCIAL LOSSES THAT CAN BE CLAIMED, INCLUDING PAST AND FUTURE LOSS OF INCOME”.

If you have been injured in an accident that was not your fault, or you have contracted a qualifying industrial disease, you may well be in a position to make a personal injury claim, to include compensation not only for your injuries or medical condition (known as General Damages), but also for any financial losses or expenditure directly related to the accident or disease (known as Special Damages).

GENERAL DAMAGES

This is to compensate you for your pain, suffering and loss of amenity. This area was considered in more detail in the Accident Spot article published in Truckstop News in December 2007, which can be viewed on the “News” page (“Published Articles” section) of my firm’s website – www.hinchliffes.co.uk/news.

SPECIAL DAMAGES

This is to reimburse you for any financial losses or expenditure you have had to incur as a direct result of the accident, the aim being to put you back in the position you would otherwise have been in had the accident not occurred.

There are various categories of special damages that can be claimed, and those most commonly included are as follows.

Loss of Earnings

Including wages you have already lost and, if appropriate, income that you might have received in the future, but will not now do so because of the accident.

Calculating the sum already lost is usually done by working out your average pay for the 13 weeks prior to the accident, and comparing this to your earnings following the accident (up to the point when you were able to return to normal duties) and the difference is claimed. Many truckers are not paid while off work, often causing severe financial difficulties. For many of my clients, this is what prompted them to contact my firm.

Anticipated future loss of earnings are more difficult to calculate, and may involve assessing pay increases, promotion prospects and other benefits (eg pension contributions) that might have been enjoyed had the accident not happened. However, this head of claim is usually only necessary if the injuries are severe and you are not able to carry on with the same job.

Travelling Expenses

The cost of journeys that you or close relatives have to make because of the accident can mount up, especially when taking into account all visits to the GP and hospital. You can claim either the fare paid on each occasion (eg for bus, train or taxi) or at a rate per mile, plus parking fees.

Medical and Care Expenses

Payments for prescriptions or pain killers can add up to quite a sum and can be included.

Also, if you require physiotherapy or similar treatment and this is obtained privately, you can claim the fees. However, it may be possible to explore whether your opponent’s insurers are willing to arrange and pay for this treatment, to enable you to return to work.

If family and friends have helped you during your recovery period (eg with cooking, domestic cleaning, personal hygiene) you can claim an hourly rate for the time they have spent. In severe cases they may have had to take time off work to be with you, and their lost earnings can also be claimed.

Other Expenses or Items of Specific Loss

Any other expenses you have incurred as a direct result of the accident can be claimed. These can include vehicle repair or storage costs, policy excess, telephone and postal costs in contacting people involved in the claim, fees paid to others to deal with gardening or DIY jobs that you would otherwise have done.

Also, if your possessions have either been lost or damaged in the accident you can claim for their replacement or repair.

Although you can include all the above items in your claim, it is not usually possible to recover everything claimed, particularly in respect of care expenses. The insurers will want to see some supporting evidence before they will consider certain items.

QUESTIONS & ANSWERS

I was off work for 2 weeks when I broke my finger following a fall at a customer’s yard on a broken slab. My boss paid my basic wages, but I lost £350 in overtime and bonuses. Can I recover this?

There is a good chance that a claim against the customer will be successful as their premises appear to be defective. You would be entitled to claim compensation for your broken finger (perhaps around £2,000), plus your financial losses, which would include the overtime and bonuses. You might even be able to recover the wages paid by your employer so you can reimburse him.

I am 63 and was due to retire at 65. However, I am on long term sick and do not think I will be fit to work again. I had a lifting accident at work a year ago and have wondered about making a claim. I assume I can claim for the wages I have lost, but what about the wages I would have earned if I had worked until I was 65?

Assuming your prospects of succeeding in an accident compensation claim are good, you can seek all your past lost wages and also your future wages to your 65^th birthday with a slight reduction for getting them paid all at once. However, you only have 3 years from the date of the accident to start Court proceedings or you will be unable to proceed, so I suggest you take legal advice soon.

I have not been able to work for many years due to ill health and have to use a wheelchair. A while ago I was a passenger in a car when it collided with a lorry, and I suffered a broken leg. Since then my brother and his wife have had to move in to look after me, as I cannot do anything for myself until my leg gets better. I do not have much money, but would like to reward them for their generous help, but am not sure how I can. Can you advise me.

Being a passenger in a road accident means that you have a very strong claim for compensation against the party that caused the accident, which would be paid by their insurers. For an uncomplicated broken leg you could claim compensation of around £4,500, plus your financial losses. You can include the time spent by your relatives in looking after you, which is recoverable at a rate of around £6 per hour. Therefore 100 hours spent could amount to £600, and you can use this part of your compensation to repay their kindness.

ENDS

(Other Personal Injury FAQs)

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation. All cases are conducted on a No Win – No Fee basis, where the Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.