General Damages

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Compensation settlements can be vital in cases where families have had to pay for extensive medical treatment out of their own pockets.

No matter what your circumstances, First Personal Injury will aim to get you the compensation you are entitled to.

To learn more or to start your claim, get in touch with our expert team on 0800 808 9740 or contact us online. 

What Are General Damages?

Personal Injury General Damages refers to the pain, suffering and loss of amenity that a person has experienced through no fault of their own. Pain and suffering equate to physical and psychiatric symptoms, while loss of amenity takes into account how an injury has affected an individual’s lifestyle.

If it can be proven that the long-term chances of a claimant getting work in the open labour market, have been hindered, there is room for a separate damages element in your claim, this is called a Smith v Manchester award.

Other Damages In Compensation Cases

Other types of damages in a compensation case include:

• Loss of use i.e. if items or possessions were damaged during the accident, e.g. a car in a road accident
• Loss of enjoyment considers if you have been prevented from enjoying a hobby or interest because of the accident
• Loss of prospects e.g. if, because of the accident you are now unable to live your life as planned, e.g. getting married and having a family
• If you cannot perform your usual tasks in the home this will also be taken into account under general damages
• Congenial employment loss refers to being unable to continue working in a field that brought you enjoyment and satisfaction e.g. nurse or a teacher
• In addition, if there was a period where a claimant suffered following an accident that was not their fault, then later died, then a claim can still be made by his/her family, so long as that period of suffering can be evidenced
• Some personal injuries can exacerbate an existing condition or accelerate it in some cases even if the illness or condition was likely to happen anyway

Proving Your Negligence Case

As with all personal injury claims, you will need to prove that the accident which caused your loss of amenity and pain and suffering, was not your fault. Proving negligence is crucial to the success of your personal injury claim.

Medical evidence is often used to prove liability. It forms part of the general damages element of your claim and helps to clarify what you are saying about your injuries. Sometimes medical notes from your GP are used to gain more understanding of your condition and sometimes, it may be necessary to have a medical examination. If you have any pre-existing medical conditions you must disclose what these are, even if these conditions appear to be separate from the injury you are claiming for.

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Making A Compensation Claim For General Damages

If you would like to know more about making a compensation claim for personal injury general damages then please get in touch with First Personal Injury.

To learn more or to start your claim, get in touch with our expert team on 0800 808 9740 or contact us online. 

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