Compensation claims. What can I claim for?
Youngs Law are here to provide you answers to common question about bringing a compensation claim – ‘What can I claim for?”
“As I prepare to take some annual leave, I do what everyone does.
I try desperately to get everything done that needs to be done. It can be quite stressful.
Then, there is the general panic about what might or might not happen when you are away from the office.
It brings into sharp focus what a huge part of our lives work is.
We all moan about work. We wish that we could win the lottery and run away to a Caribbean Island. But, the fact remains that work is massively important to us all.
Work provides us with, most importantly, a financial income. But, it also provides us with a sense of identity, a sense of pride and a reason to get up in the morning. It creates a routine and a “sense of being”.
WHAT WOULD WE DO IF THAT WAS TAKEN AWAY?
What if we could not provide financially for ourselves and our families?
There would be no panic and stress before annual leave because there would be no annual leave to take.
AN INABILITY TO WORK IS A REALITY FOR MANY PEOPLE.
A loss to someone’s health or mobility may occur as a result of personal injury or medical negligence.
This could be temporary or permanent – either way it is a very difficult thing to come to terms with.
- the accident was someone else’s fault; or
- You are a victim of a medical mistake or medical negligence
You could be in a position to bring a compensation claim.
What can I claim for?
Damages in Personal Injury and Clinical Negligence claims are split into two categories:
- General damages
- Special damages
General damages are the financial award for any pain and suffering that you may experience as a result of the negligence and/or injury.
It will also compensate you for any Psychological damage and/or the fact that you may not be able to enjoy parts of your life as much as before, such as a sporting hobby.
Special damages are the compensation that you receive for financial losses. This covers everything from loss of earnings to the cost of care. Plus, any services that you now need to employ such as a cleaner or a gardener.
Loss of earnings will cover any earnings that you lost before any court proceedings for the compensation claim.
It will be, perhaps, your inability to attend work because of the injury itself or, perhaps an extended period of time away from work because an operation went wrong.
It would also cover the loss of earnings for people who are self-employed and may have been unable to fulfill previously agreed contracts for services.
The claim could extend beyond the date that court proceedings are issued and way into the future if you are unable to work for many years to come or perhaps you are unable to work at all. Future loss, what it is referred to, can be calculated and included with any compensation claim subject, of course, to being able to prove the loss.
LOSS OF OPPORTUNITY
In addition, there can be claims for “loss of opportunity” or the increase in the risk of being made redundant as a result of the injury and by reason of that injury being a disadvantage on the open labour market.
Life is unpredictable.
YOU NEVER KNOW WHAT MIGHT HAPPEN NEXT. GOOD OR BAD.
Although we hope that we will, all of us, be able to work until retirement, it may not be the case if we are unlucky enough to suffer at the hands of someone’s negligence.”