|
How is your UK
Personal Injury valued?
There are two parts to a claim:
The first is compensation for the
personal injury, known as General Damages.
The second is compensation for your
financial losses, know as Special Damages.
General Damages
When
considering general damages for personal injury, each claim needs to be judged
on its own merits.
There
are a number of factors which will usually be taken into account when assessing
this aspect of your claim.
These
include, amongst others, the nature and severity of your injury and consequent
symptoms. Your age, your occupation and the extent to which your injury
interferes with that occupation. Your leisure activities and finally, your
domestic responsibilities.
Sometimes,
compensation can be awarded for "handicap on the open labour market".
This situation will apply where the accident victim is able to remain at work
despite their personal injury, but their employment is less secure than before.
In
order to succeed under this head of damages, we have to show that if the person
were to be dismissed from their job, then they would have difficulty in getting
alternative employment.
Special Damages
If
your accident has caused you to spend time off work, then you will probably have
suffered a loss of earnings. This is normally calculated by taking the average
of your wages over a 13 week period prior to your accident.
If
your injury is serious enough to make you leave your job, then a claim can be
made for your future loss of earnings. This claim comprises the earnings that
you would have achieved, but for your accident.
In
some cases, your personal injury may have caused a disability that prevents you
from performing various tasks about the house, for example decorating,
gardening, housework or car maintenance. If you have had to get family or
friends to carry out these tasks for you, then a claim can be made in respect of
their time incurred. The basis for this part of your claim is that if such
individuals were not available, then such assistance would need to be provided
by the state.
A
personal injury claim can also be made for your miscellaneous losses and
expenses incurred. If you have needed to make visits to your hospital or GP for
treatment, then your travel expenses can be included in your compensation claim.
In some cases your clothing may have been damaged in the accident and therefore
the replacement costs are also included in your claim.
CRU Repayments
If
you have been receiving money from the State as a result of your absence from
work, then at the end of the case some of this will have to be refunded to the
Compensation Recovery Unit.
The
purpose of this is to prevent 'double recovery'. If you have received
compensation for your loss of earnings, as well as employment benefits, unless
the benefit was repaid you would have actually received more money than your
normal earnings.
Accidents at work
If your injury occurred whilst you were at work, please
click here to see how you may have the right
to claim compensation.
Criminal Injury claims
We can help with claims against the Criminal Injuries Compensation Authority (CICA)
who deal with cases following
sexual assault or violent injury
Email: info@winstonsolicitors.co.uk
Telephone on 0113 268 8898 to
speak to a specialist solicitor. Or if you are calling from outside the area,
use lo-call 0845 890 2277. We are open Monday to Friday, 8.30am to 5.30pm.
We look forward to working with you as
a Winning Partnership.
personal injury Leeds Yorkshire - About Us - Contact
Us - Claims Calculator - Business
Law - CICA - Conveyancing
- Employment 
- Endowment -
Personal Injury -
Probate & Wills - Legal News -
PASMA training | 
