The amount of personal injury compensation negotiated by clinical negligence solicitors as a result of medical malpractice is intended to put an injured person back in the position that they would have been in had they not been injured. Whilst monetary compensation cannot adequately compensate for personal injury it is unfortunately the only system available for making amends. A basis for calculating fair and reasonable damages has developed over the years and is regulated by both national and state legislation and by the precedents of the higher courts when deciding the value of claims. Damages are divided into several sectors for ease of calculation as follows;
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General Damages
General Damages represents compensation for items which have no distinct monetary value and which cannot be precisely calculated. This part of an award includes compensation for ‘pain and suffering’ for the injury and for long term disability and ‘loss of amenity’ damages which are intended to compensate for being unable to pursue the lifestyle enjoyed prior to the accident or the lifestyle that could have been expected if the accident had not occurred. Damages are also payable for disadvantage on the open labour market where the injury may restrict opportunity or for loss of job satisfaction where specific employment can longer be pursued as a result of the injury.
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Special Damages
Special Damages represents compensation for losses and expenditure that can be calculated accurately often by reference to existing documentation such as receipts or records. Most expenses or losses that have been reasonably incurred and arise directly from the accident can be claimed. Losses are often valued with the help of independent experts who prepare recommendations and costings. Items which are claimable may include;
- loss of earnings
- futire loss of earnings
- medical costs
- travel expenses
- assistance for household chores
- special care aids
- necessary equipment
- care and assistance
- adapted accommodation
- adapted transport
- general out of pocket expenses
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Future Losses
Future losses can be claimed and a special calculation is applied to the estimated annual loss to arrive at a fair figure for compensation. A discount is applied to this figure to compensate for the fact that the money is paid early in a lump sum which can be invested.
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We are a specialist personal injury compensation law service and our clinical negligence solicitors deal with claims using a no win no pay arrangement which means that if you don’t win then you don’t pay them their professional costs. If you would like free advice with no obligation just complete the contact form and a specialist solicitor will review your claim and phone you immediately.
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