10 Jun 2021

What Are You Entitled to From Damages in Personal Injury Claims?

Being the victim of an accident that wasn’t your fault can be unnerving, disruptive and difficult to recover from quickly. Have you thought about claiming damages as part of a personal injury claim?

By doing so, you provide yourself with the chance to recuperate and get yourself back to a sense of normality without the heavy weight of financial commitments pressuring your recovery.

What do ‘damages’ mean in a personal injury claim?

When claiming compensation as part of a personal injury claim, you will come across the term ‘damages’. This relates to the financial reimbursement for physical and mental suffering caused by the accident itself, known as general damages; there are also special damages, which focus on the financial impact of a non-fault accident. 

General damages

As mentioned above, the term general damages refers to the costs associated with recovering from a non-fault accident with regards to the physical and mental effects. The amount which you may be eligible for is dependant on a number of factors, including the severity of the injuries sustained.

This also applies to unseen injuries, such as anxiety and stress, both of which can have hugely detrimental impacts on a person’s way of life.

Special damages

This part of a claim covers the financial impact of a non-fault accident. If the fall-out from your accident causes you stop working, then you may be able to claim for loss of earnings. The cost of physiotherapy and other medical treatment required will be covered under special damages, as will any costs of getting to and from these medical sessions.

It is important to note there is a deadline associated with submitting a claim. This is predominantly within three years of the date of the accident. However, there are exceptions to this regulation, including if the victim is under the age of 18. In this instance, the deadline is set by law at three years from the time the person turns 18 (however a claim can be submitted before they’re 18 if they use a litigation friend to do it).

There is no set deadline for those who require someone to submit a claim on their behalf due to a lack of mental capacity. 

Is one payment made at the end of the claim?

Although a compensation payment is made at the end of a successful claim, there may be a need for payments before the end of the process if the accident has an acute impact on your financial viability.

In these circumstances, a discussion with your solicitor can lead to an interim payment being made. This will be deducted from your final compensation amount but can help with financial implications caused by the accident. 

How much am I entitled to?

This is a question with a unique answer to each person who asks it. The amount of compensation you are eligible for is dependent on the nature of the accident, the severity of the injuries sustained and the impact it has on your life.

To find out more about your potential claim, it is best to contact our team of expert advisors today, through our 24/7 claim line or via Live Chat from any page on our website. Alternatively, request a callback for a time that suits you through our website.

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