What is the purpose of compensation?
If you suffered a serious injury as a result of negligence, no amount of money can make up for what happened to you, but a compensation settlement can provide financial security and help to restore your independence, which would otherwise not be possible.
The general principle is that compensation is intended, so far as money can, to put you in the position you would have been in had the negligence not occurred.
What can I claim compensation for?
If your case is successful, you can claim compensation (sometimes known as damages) for a wide range of things to reflect how the injuries have impacted you and your family. We will calculate the costs or losses you have already incurred, as well as those that we anticipate you may incur in the future.
This includes:
- Pain, suffering and loss of amenity
Compensation (called general damages) is awarded to reflect the injuries, pain and suffering which have occurred as a result of the negligence, as well as how the injuries have affected the quality and enjoyment of life.
- Loss of earnings and loss of pension
This includes earnings you have lost during your recovery, as well as those you may lose in the future as a result of your injuries if you are unable to work. Where a client can return to work, but in a less lucrative role or on reduced hours, then the shortfall can be claimed.
On top of your base income, you can claim for loss of employment benefits (such as a company car), and we can also factor in the loss of any promotion prospects linked to the negligence.
Further, an inability to work (or working at a lower salary) may have an impact on your future pension, and if so, this pension loss can be claimed as well.
- Treatment and rehabilitation costs
You can claim reasonable costs you have incurred, or are likely to incur in the future, for any medical treatment or rehabilitation you need. Treatment costs can be claimed at private rates, rather than relying on NHS provision, which can be unduly restrictive and may not provide optimal options for your needs. Common examples include the cost of further surgery itself, or therapies such as physiotherapy, hydrotherapy, pain management or counselling.
- Paid care and support
If you needed to pay for any care (either for yourself, or for another dependent in the household) or other domestic support (such as cleaning, gardening, dog walking and so on) as a result of the negligence, you will be entitled to recover those costs. Equally, if in the future, your injuries are going to prevent you from undertaking tasks you were otherwise responsible for, then a claim can be made for commercial support to provide those services to your household going forward.
- Gratuitous care and support
We often find that our clients have not paid for commercial care and support but have instead relied on the help of friends and family. In these circumstances, you can claim compensation to reflect the care and support they provided to you.
- Aids, equipment and prosthetics
If you require any aids or special equipment as a result of your injuries, these can also be included in your claim, whether you have already bought them or if you are likely to require them in the future. Typical examples include a wheelchair or other walking aids.
Although prosthetics can be provided by the NHS, these can be very limited in type and are often restricted in number too. As part of a claim, you can recover the costs of private prosthetics, which ensures you get the best prosthetic/s for you. As part of the claim, we would also explore the future replacement costs, as well as all the related fitting costs and physiotherapy to get the most out of your new prosthetic.
- Accommodation and adaptations
If, as a result of the negligence, your home is no longer suitable for you to live independently or safely, it may be appropriate to claim the costs of adapting your home or, alternatively, relocating to a new property.
- Other miscellaneous expenses
You can also claim for miscellaneous expenses such as prescription charges, travel expenses, and other out-of-pocket expenses you incur as a result of the negligence. These costs can really add up over time, and our goal is to ensure these costs are included where possible so that your compensation is maximised.
Given the wide range of elements a claim can comprise, it’s easy to see how a claim involving limb loss can involve significant compensation payments.
Every claim is different, as it depends on the individual claimant’s personal circumstances, and the key role of your specialist lawyer will be to ensure that you achieve the maximum settlement for your injuries. The money will enable you to regain independence as far as possible, as well as providing financial security for you and your loved ones for the long term.
You can find out more about bringing a claim on our dedicated limb loss claim page.
Ali Batchelor, Partner
RWK Goodman
