If you are involved in an accident, it isn’t just physical injuries that have an effect on your life. The courts recognise this and strive to put you in the position that you would have been in should the accident not have happened. What this means is that there are various other losses that you can recover if you suffer an accident or an injury.
But what are these heads of claim?
Perhaps the most recognised head of claim. If you suffer an injury that is the fault of another individual or organisation you are entitled to compensation. Should you pursue through the courts your medical records will be used as evidence to prove that you suffered a physical injury. A medical report written by an appropriate expert will also provide the court with evidence on the severity and duration of any physical symptoms.
Suffering an injury is a traumatic experience, and can take a toll on an individual’s mental health. Conditions such as PTSD, depression, avoidance behaviour and flashbacks can all have a detrimental effect on a person’s quality of life. You can claim for psychological injuries caused by accidents, and an award will be made based on the severity of the injury and its duration.
Loss of Earnings
If you are absent from work as a result of your injury you can claim these lost earnings from the court. Evidence would typically be payslips and confirmation that you were not fit for work.
An injury not only has an effect on the individual who suffers from an injury, but also family and friends. They may need to provide care to an injured person or they may need to drive the injured person to and from medical appointments. A claim can be made for the services provided, and will be awarded on the basis of the time these services were provided.
Quite often, after an accident, rehabilitation treatment will be recommended. This is usually in the form of physiotherapy or psychological treatment such as CBT or EMDR. If this treatment has been provided on a private basis, we can include the cost of this treatment as part of your claim.
Damage to Personal Effects
A road traffic accident can cause damage to possessions contained within the vehicles involved such as a mobile phone, laptop, damaged clothing. You can make a claim for these possessions.
The on-going effects of an injury may mean you need to travel to and from appointments such as hospital or physiotherapy. If you keep the receipts and are able to evidence these journeys you can claim back these costs.
Loss of Enjoyment of Holiday
Holidays are your time to take a break and enjoy time with friends or family and an injury can have a serious effect on your travel plans. You may be unable to travel or your physical injuries mean you cannot take part in all the activities you were looking forward to. You can submit this loss to the court and receive compensation. The court will not reimburse you for the full cost of your holiday but will make an award to reflect the fact you could not enjoy yourself properly due to your injuries.
When you take out a gym membership you agree to make monthly payments to utilise their facilities. An injury may mean you are unable to visit the gym and you remain contractually obliged to make payments as per the terms of your contract. We can claim for any months that you have paid for where you have been unable to attend.
An injury may leave you less mobile, or may cause pain when you undertake certain activities. If you are unable to maintain your garden you can claim for any costs that you incur in its upkeep.
Private Hospital Care
If you have private health insurance you may have paid an excess for hospital care and we can recover this for you.
At Jackson Boyd we have over 20 years of experience in securing our clients compensation for all of the above heads of claim. If you have suffered an injury or been in an accident we can guide you through the process from beginning to end and ensure that you receive the full settlement you are entitled to.