HOW COMPENSATION FOR ACCIDENT RELATED INJURIES IS CALCULATED

August 10th, 2010 admin

Published in Truckstop News August 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “HOW COMPENSATION FOR ACCIDENT RELATED INJURIES IS CALCULATED”

In this article I set out the basic procedures for working out how much money an injured person should receive to compensate them for the injuries they have suffered in an accident caused by the negligence of another person or company. Awards of compensation made by the Courts in England and Wales are some of the lowest in Western Europe; therefore it is essential that every avenue is explored to ensure that the injured person is as fully compensated as the law permits.

Sometimes the injured person is found to be partly responsible for the accident, and in that case the amount of compensation they receive is reduced by a certain percentage to reflect their share of the blame. For example, in a head on car accident both drivers may be held equally responsible and therefore once the full value of the injuries and the full extent of the injured person’s financial losses are established, only 50% of this would be due. Also, if someone involved in a car accident was not wearing their seatbelt and this resulted in their injuries being more severe than would otherwise have been the case, they would lose between 15% and 25% of the full compensation, depending upon the individual circumstances.

Difficulties can also arise where the accident causes a pre-existing medical condition to become worse, or where the medical investigations following the accident reveal an existing condition not previously known about. Compensation will only be due in respect of the injuries actually caused by the accident, or to reflect the extent that the accident worsened the existing condition. This also extends to the financial losses suffered, for example if someone already had a back problem and an accident aggravated these symptoms for a period of 1 year, and if that person was subsequently unable to return to work at all because of the existing back problem, then only 1 year’s loss of earnings would be recoverable as this is all that could be attributed purely to the accident.

WHAT ARE DAMAGES?

In a personal injury claim, the word “damages” means the same as the word “compensation”.

There are 2 types of damages that can be claimed. “General damages” compensate for the “pain, suffering and loss of amenity”, which in many cases forms the largest part of the compensation. “Special damages” represent financial losses as a direct result of the accident.

The level of general damages applicable in a claim is based on the seriousness of the injuries suffered, how long it will take for the person to recover and whether they will have any long term or permanent effects, such as scarring.

The “loss of amenity” element is the extent to which their life has been affected by the accident. For example, they may be a keen golfer and are unable to play for some time because of the period required for recovery, or they might not have been able to participate in other hobbies, even if only for a short time. This also covers any changes that they have had to make in their employment because of the injuries and any inability to fully carry out household or domestic tasks that they used to be able to perform.

Special damages can include loss of income or any other financial losses arising from the accident. It can also include any lost future earnings if the injury is serious enough to prevent the person from working until their normal retirement age. Where this is applicable, possible wage increases, promotion prospects and pension entitlement should also be considered.

Additional compensation may be recovered for loss of congenial employment. This is awarded on the basis that the injured person’s employment was “more than just a job”. This can apply to any job where the injured person felt they had a vocation, which because of the long term effects of the injury they can no longer perform. It is not limited only to professions such as nursing, the fire service or police.

It is often the case that the injured person will recover more quickly if they receive ongoing medical treatment or rehabilitation, and it is usually possible for their solicitor to explore whether the responsible party’s insurers will fund this.

In fatal accident cases, additional damages will be recovered to cover funeral expenses and compensation will also be awarded to any qualifying relatives, such as a spouse or children, who were financially and emotionally dependent on the deceased.

WHO DECIDES HOW MUCH SHOULD BE PAID?

The solicitor will arrange for a medical expert to examine the injured person, consider their full medical records, and then prepare a detailed report describing the injuries, any treatment received or suggested, and indicating when they are likely to recover.

In most cases, once this report is approved by the injured person, their solicitor will be able to assess the amount of compensation they are likely to receive by comparing the 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 the claim is particularly complicated the solicitor will send details to a Barrister, who will advise on the amount of compensation that is likely to be paid.

A full schedule of all the special damages to be claimed will also be compiled and this, together with the medical report, will be sent to the responsible party’s insurers with the aim of negotiating a settlement with them. However, the injured person must give their authority for any final offer to be accepted before the settlement can be completed.

If these negotiations are not successful an application to the Court may be necessary, but 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.

PERSONAL INJURY CLAIM SOLICITORS:-

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

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now page to submit details of your accident compensation claim online.