The aim of the award of damages in a personal injury compensation claim is to restore the injured person to the position that he was in prior to the accident. For many clients the award of damages is recompense not only for the injuries that they have suffered but compensation for the stress and inconvenience of being involved in a litigation process, which can take many years. Many victims of accidents complain that the difficulties that they have encountered in pursuing the claim can result in continued illness or failure to recover within the expected period of time. However, the award of monetary damages is the only available remedy to the court.
The court may make an accurate assessment for the financial losses that have been incurred prior to a trial because these can be calculated precisely. Such losses are referred to as “special damages”. The main heads of special damages are:-
1. Items of specific loss resulting from the accident.
2. Loss of earnings that have occurred as a result of the accident. Loss of earnings can be claimed in the future if it is unlikely that the claimant will be able to return to work due to the accident.
3. Medical expenses.
4. The cost of services provided by professional carers or even friends and family (even if the claimant did not have to pay the friends and family).
5. Expenses relating to the cost of living with disabilities caused by the accident.
General damages are not capable of precise mathematical calculation. The main heads of general damages are as follows:-
1. Pain, suffering and loss of amenity.
2. Handicap in the labour market.
3. Loss of earnings.
4. Inability to return to any pre-accident occupation.
5. Cost of care (specialist equipment).
6. Loss of pension.
7. Loss of use of motor vehicle.
Awards of general damages in a personal injury compensation claim are made on the basis of a subjective test, i.e. what was the pain and suffering of this particular person. If there is no evidence that the claimant has actually experienced pain then no award will be made – there must be evidence. A solicitor will again take a detailed statement to understand the affect the accident has had upon the claimant, although this will also be dealt with in the medical evidence that will be obtained. It is important to understand how the accident has actually affected enjoyment of life.
