If you suffer an injury and liability is admitted by the third party then that is half of the battle won with making a claim. However, there is then a responsibility to provide evidence to support your injuries and this is part of the compensation aspect of the claim. General damages are provided in respect of pain and suffering and loss of amenity. This breaks down in to two parts:
1) Pain and suffering – These are damages awarded for the pain which the injured party feels as a result of the injury. This consists of pain already suffered and also pain ongoing in the future. The level of damages claimed depend upon the duration and intensity of the suffering. Suffering is treated as distinct from pain and covers the mental anxieties the claimant feels following the incident, such as anxiety, distress and fear.
2) Loss of amenity – These are damages awarded for the impact of the injuries on the claimant’s everyday life, this includes hobbies, skills loss of enjoyment of holidays etc.
So what kind of evidence needs to be provided to support these claims?
· Statements – A good start is a statement from the claimant clearly detailing the injuries they have suffered and how they have affected them, both in terms of everyday life and through the pain that they have suffered.
Another idea could be statements from friends or family to supplement the claimant’s statement. It can help to have somebody who is with the client regularly to give their opinion as the claimant may not be objective with regards to how their injuries have affected them.
· Medical evidence – A medical report detailing, amongst other things, the claimant’s past medical history, full details of their injury and a prognosis for the future, as well as the limitations placed on the claimant due to their injuries.
· Photographs – Pictures of injuries can be an effective form of evidence. This can be particularly useful where scarring has occurred. Pictures should be taken at a time close to the accident and then at a later date to show the progress of the healing of injuries, or alternatively, the lack of it.
