Claiming for your Losses

Many people think of compensation solely in regard of their injuries. Compensation, however, is meant to place you in the position you would have been in had you not have suffered from the accident; so, if you are out of pocket due to the injury, this is simply not right or fair. In light of this, claimants for personal injury are also allowed to make a claim for their financial losses.

Financial losses are something that your solicitor should advise you about from the outset of your claim. Should liability be admitted on your claim, these losses will be collated and drafted into a Schedule of Loss to disclose to the other side in order to invite offers for settlement. Any claim for a loss made should be supported by evidence, such as receipts and invoices, and it should be noted that it is not always guaranteed that you will recover all of which you attempt to claim.

I have listed some of the more common types of loss claimed below:

1. Loss of earnings – If your accident has caused you to be out of work, being left unpaid, or on a reduced rate of pay, such as Statutory Sick Pay, you may have a claim for loss of earnings. A loss of earnings is calculated by working out an average of 13 weeks’ pay slips prior to the accident, as well as some form of evidence showing the periods you were absent. If you are self –employed, your solicitor would normally use 3 years of profit and loss accounts to determine your average loss.
2. Care and Assistance – If your accident has meant that you have required assistance with personal care tasks, such as dressing and/or bathing, or even with those daily household tasks, such as cleaning, shopping and/or preparing meals then you may have a claim for care and assistance. You can claim back the time of your carer at an hourly rate – any money which you recoup for this is then payable to your carer.
3. Treatment costs – if you have had to fund the costs of private treatment from your own pocket, you can claim these costs back from the other side. The treatment must have come as a result of your accident, and must also be seen as reasonable to have.
4. Other – there are many other types of loss for which you can claim; these can include travel expenses, prescription costs, and even an amount to cover miscellaneous expenses, such as postage costs and telephone call costs.

If you require any further information regarding recouping your losses then feel free to give us a call.