What can I claim for?

Pain and suffering
You can claim compensation for your physical injuries, including scarring or other disfigurement as well as psychological injury. Obviously, the amount that you receive in compensation will vary according to the severity of your injuries.  To allow us to assess the value of your claim for pain and suffering we always obtain a medical report, usually from a specialist, but in the case of minor injuries, from your GP.  Factors which are taken into account in assessing the level of compensation include:

-    The severity of your injury
-    The extent to which your injury has resulted in long-term or permanent disability
-    The extent to which your injury has disrupted your life

Damages for pain and suffering are calculated by reference to previously decided court cases.

Loss of earnings
If you have to take time off work because of an accident, you will be able to recover any loss of earnings.  Your claim is based upon the amount which you would have taken home rather than your gross earnings.  You will not pay tax on your award of damages.

Normally your claim for loss of earnings is based upon your average take-home pay during the 3-month period before the accident.  While we will obtain a schedule of earnings from your employer it can be helpful if you retain pay slips for the period before the accident and for the period of absence so that we can check these against the information provided by your employer.

DWP (Dept. of Work and Pensions) Benefits
Following an accident, the insurers of the person who compensates you are obliged to repay the DWP benefits to the DWP out of any award of damages.  Not all DWP benefits have to be repaid.  The position is complicated but we will be able to advise you on how much have to be repaid.  It is important to know that DWP benefits are only repaid out of certain parts of your damages.  They are never repayable out of your award for pain and suffering.

Future loss of earnings
You are under a general duty if you have been injured to minimise your losses.  This means that if you are unable to return to your old job you have to take all reasonable steps to find a job which you are capable of doing.  If you have to give up work because of the accident this may affect your future pension entitlement.  Again we can take this into account and include any loss of pension rights in your claim.