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 9740or 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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*Please note – With regards to No Win No Fee - In limited circumstances, fees may be charged when your accident claim is not successful. These specific limited circumstances will be explained to you by your Solicitor.
The Citizen's Advice Bureau says it's our "civil and legal right" to make an accident claim. But 69% of us don't make an accident claim. Don't miss out on what's rightfully yours.
First Personal Injury is a trading name of Jefferies Solicitors Limited. Jefferies Solicitors is a limited company registered in England and Wales under registered number - 07451340.
Authorised & regulated by the Solicitors Regulation Authority and subject to the Solicitor's Code of Conduct details of which can be found at www.sra.org.uk/code-of-conduct.page. (SRA number 554864)
Head Office: Jefferies Solicitors (trading as) First Personal Injury, The Triangle, 8 Cross Street, Altrincham, Cheshire, WA14 1EQ - 0161 908 5100
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