For many people, there is an expectation that the sum of compensation received in personal injury cases is for the court to decide. But while the final sum is awarded by a court, or an offer made by the defendant in an out of court settlement, the actual amount is not completely out of the claimants hands. The claim itself must be for a particular amount.
Calculating a final injury compensation figure is not a particularly complex process, and an experienced injury lawyer will have little trouble in coming to a fair sum. This is mainly because every type of injury and illness that one can claim for has a minimum and maximum value range. The reason for this is to prevent exorbitant sums being sought, but it also means that should a claimant have an accident at work that results in a leg injury, they have an idea of what they might receive for it. There are five general entitlements that any claimant has, relating to income, accrued expenses and even loss of a holiday.
Lost Income
This is the obvious type, and the first to come to mind. It is understandable since an injury can rule a person of out work, either for the short term or the long term. What should be kept in mind is that it is the net income lost that is claimed, which means that the figure is the salary after tax. If the injury was sustained from an accident on work premises then the employer will usually continue to pay a salary, even though the employee is not in work. If there is any difference between the salary at work and out of work, then this can be claimed. This occurs when the claimant is usually paid on commission.
Travel Expenses
If an injury forces the claimant has to make journeys for treatment then the costs involved can be claimed back. This relates to taxi fares or bus fares to a hospital to treatment clinic, or perhaps a train fare if the claimant needs to travel between cities. In the case where a private car is used, it is normal to claim a mileage rate of around 40p per mile.
Medical Expenses
After loss of earnings, this is probably the second most obvious type of compensation claim. Medical costs are easily calculated as any hospital or clinic will provide receipts and have register details of any treatments on official medical records. However, the prescriptions that are given are also claimable, so each renewal of the prescription needs to be recorded too.
Nursing and Care
Depending on the severity of the injury, a home nurse may be required to maintain 24 hour medical attention. This is not included in medical expenses as most home nurses are provided by independent home nursing companies. All invoices during the term of the nursing agreement should be kept, and the total amount can be claimed back. Perhaps surprisingly, a claimant is also entitled to get compensation for any nursing and care provided by family members. An hourly rate can be claimed, though the rate should be well within the industry norm and the number of hours should be realistic.
Loss of Holidays
This is probably a surprise, but if a holiday or weekend break had been booked, and the accident forced that time away to be cancelled, the claimant is entitled to seek compensation. If an injury also caused a claimant to lose their annual holiday entitlement, even though nothing had been booked, then a claim can also be made for that.
Even stranger is the fact that if a claimant decides to go on holiday with their injury, then they can also claim compensation for loss of enjoyment. There are other areas that a claimant can claim on, and this is the confusing area for many people. A good injury lawyer will know the full scope of personal injury compensation entitlements, so it is not something that the lay person needs to worry about. But from road traffic accidents to an accident at work, it is worth being aware that there is more than just the injury to seek compensation for. The full injury compensation sum can climb quite high, but should the injury be serious, causing real pain, real loss of earns, and even a long term debilitation, then it is only just that every type of entitlement is recovered.
