It is a little known fact that not only can you claim for compensation for your injuries, but that you can also claim for any financial losses you have suffered as a result of the accident. The reason for this is that compensation is meant to put you back in the position you would have been in had the accident not have taken place – therefore recouping your losses is an important part of claiming for compensation.
Your solicitor should advise you from the outset of your claim regarding your potential claims for losses so you are aware to document any ongoing losses, and retain any receipts and other evidence in support of them.
Once your losses are collated, your solicitor will then draft a document known as a Schedule of Loss which lists your losses for the other side to consider. This Schedule of Loss will not contain the compensation claimed for your injuries, as this is dealt with as a separate item; however, when your claim is settled, this may be paid in one global amount – i.e. injury compensation and your losses together.
A solicitor should also advise you that you have an important duty when it comes to your losses – this duty being to ensure to mitigate them. This duty can be best illustrated using an example:
If you are off work due to your injuries, and you are not being paid, you may claim for a loss of earnings. This being said, you should return to work as soon as you are able, even if this means going on light duties where possible, or even working reduced hours where appropriate and possible. If you fail to mitigate your losses, the other side may refuse to cover some of your losses which were incurred as a result of failing to mitigate: i.e. for the time you could have been working.
There are many different types of loss which you can claim, these include:
- Loss of earnings
- Care and Assistance
- Treatment costs
- Loss of enjoyment of a holiday
- Travel expenses
- Prescription costs
The above is a list of the more common types of loss claimed, and there are many more that are possible – it is therefore advisable to obtain the advice and representation of a specialist personal injury lawyer directly as soon as possible.
