A personal injury compensation claim may be made when somebody suffers a physical or psychological injury, disease or illness through no fault of their own. When the injury is caused by an accident due to the negligence of another party, the claim for compensation is a civil, rather than criminal matter. However, the consequences may still be serious for you; for example, you may be financially worse off if you have missed work, or if you can no longer work, because of your injury.

There are two types of damages that make up a compensation award, should you win your claim:

  • Special damages relate to the financial losses and expenses suffered by a victim. For example, if you have lost your job as a result of the accident or illness, then you may be awarded special damages to cover loss of past salary and loss of future earnings potential. The court will require an expert medical opinion to support a claim in these matters. If you have received State benefits as a result of your injury, from the Department of Work and Pensions, then you will need to let your solicitor know. This is because some benefits may need to be paid back from any special damages you could receive
  • General damages are compensation for items such as the physical and psychological pain you have suffered as a result of your injury, and the loss of your previous lifestyle. The amount of general damages awarded will be based on case law, the guidelines published by the Judicial Studies Board (JSB), and the experience of the judge

The best course of action would be to contact a personal injury solicitor, in order to obtain expert advice on furthering a particular personal injury claim. A personal injury lawyer can run your claim, and help you to gather the documentation you will need to support it. The documentation relevant to loss of earnings may include past wage-slips, and any fitness-for-work notices that you have received from your doctor or hospital.

It is worth noting that generally there is a time-limitation of three years, in which to start legal action in a personal injury compensation claim. Therefore, you should consult a specialist solicitor about your accident and subsequent loss of earnings without delay.

Last Updated on 29/08/2011





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