Compensation pay-outs are not ‘windfalls’ and those who are injured do not ‘win’ anything. Compensation is there to help those rebuild their lives who have been injured because of someone’s negligence.
Compensation is split into three elements:
General Damages: This compensates claimants for the effect the injury had on them, such as pain and suffering.
Special Damages: This is to compensate claimants for any upfront costs they may have incurred because of their injury. For example, transportation to and from the hospital for treatment, and/or at home adaptation etc.
Special Damages (Future Loss): This is to compensate claimants for any future losses they will incur as a result of their injury. This can include future loss of earning and/or future care.
The role of a lawyer is to help, support and guide those who have suffered injury and wish to make a personal injury claim.
Measuring compensation is not as straightforward as some may think. There are various factors that need to be considered in order to correctly calculate compensation. Such factors can include someone’s age, occupation and lifestyle.
You also need to ensure that the claim is submitted against the right people. For example, a road traffic accident on a roundabout usually involves multiple vehicles and the changing of lanes, so it can be difficult to establish who is at fault. To establish this evidence will need to be deduced and this can be done through examining medical reports, CCTV/dashcam footage, reports from experts and witness statements.
If the compensation claim is defended, which is likely, then you will need someone who has the skills, knowledge and expertise to help you through the process. Especially if your claim is against an insurance company or the NHS, which have legal specialists who will have experience defending similar claims day in day out.