Five Types of Compensation That Can Be Claimed in Personal Injury Cases

For many people, there is an expectation that the court will decide the amount of compensation received in personal injury cases. But while the final sum is awarded by a court, or an offer made by the defendant in an out-of-court settlement, the actual amount is not entirely out of the hands of the plaintiffs. The claim itself must be for a certain amount.

Calculating a final injury compensation figure is not a particularly complex process, and an experienced injury attorney will have no problem arriving at a fair sum. This is mainly because each type of injury and illness one can claim for has a minimum and maximum value range. The reason for this is to avoid seeking exorbitant amounts, but it also means that if a claimant has an accident on the job that results in a leg injury, he has an idea of ​​what he could receive for it. There are five general rights that any claimant has, related to income, increased expenses and even the loss of a vacation.

lost income
This is the obvious type, and the first that comes to mind. It is understandable since an injury can prevent a person from working, either in the short or long term. The thing to keep in mind is that what is being claimed is net income loss, which means that the figure is wages after taxes. If the injury was caused by a workplace accident, the employer will generally continue to pay wages, even if the employee is not working. If there is any difference between the salary at work and outside of work, then it can be claimed. This occurs when the claimant is usually paid on commission.

Travel expenses
If an injury requires the claimant to travel for treatment, the costs involved can be claimed. This relates to taxi fares or bus fares to a hospital to a treatment clinic, or perhaps a train fare if the claimant needs to travel between cities. In the event that a private car is used, it is normal to claim a mileage charge of around 40 pence per mile.

Medical expenses
After lost profits, this is probably the second most obvious type of compensation claim. Medical costs are easily calculated as any hospital or clinic will provide receipts and record details of any treatment in official medical records. However, the prescriptions that are given are also claimable, so each renewal of the prescription must also be recorded.

Nursing and Care
Depending on the severity of the injury, a home health nurse may be required to maintain 24-hour medical care. This is not included in medical expenses, as most home nursing is provided by independent home nursing companies. All invoices must be retained for the duration of the nursing contract and the full amount may be claimed. Perhaps surprisingly, a claimant is also entitled to compensation for any care and attention provided by family members. An hourly rate may be claimed, although the rate must be within the industry norm and the number of hours must be realistic.

loss of vacation
This is probably a surprise, but if a vacation or weekend had been booked and the accident forced that time off to be cancelled, the claimant is entitled to seek compensation. If an injury also caused a claimant to lose their entitlement to annual leave, even though nothing had been reserved, then a claim can be made for that as well.

Even stranger is the fact that if a claimant decides to go on vacation with their injury, they can also claim compensation for loss of enjoyment. There are other areas where a claimant can claim, and this is the confusing area for many people. A good injury attorney will know the full scope of personal injury compensation rights, so it is not something for the average person to worry about. But from car accidents to an accident at work, it pays to be aware that there is more than just the injury to seek compensation for. The total sum of compensation for injuries can add up quite a bit, but if the injury is serious, causing real pain, real loss of income, and even long-term debilitation, then it is only fair that you recover all kinds of entitlement.