Damages Compensation

Anyone suffering personal injury in an accident is likely to have a legal entitlement to damages compensation if it can be proved that the accident was caused wholly or partly by the negligence of another person or party. The accident may occur on the road, in the workplace or elsewhere but if negligence can be established there is likely to be a right to claim damages.

Damages may be payable for various items but come under two main headings - Special Damages and General Damages compensation.

Under the heading of Special Damages come items which can be accurately be assessed such as medical, travelling and other expenses incurred, loss of earnings, loss of or damage to property etc.

General Damages are awarded to compensate the victim for such items as pain and suffering, loss of amenity and loss of enjoyment of life. A number of factors need to be taken into account here and these damages are assessed by the court.
Injury claims vary in complexity but it is always advisable to use a solicitor to ensure that the claim is properly presented and all areas of possible compensation are included.

Excalibur Solicitors is a specialist practice dealing only with claims for victims of accidents and we will provide a free legal assessment of your case if you complete our Online Application Form. We will handle your claim on a "No Win No Fee" basis at no cost to you

Amount of damages

The amount for which you can claim obviously depends on the particular circumstances of your injury but could include the following :-

Special Damages - items which can be accurately quantified eg loss of or reduction in previous earnings, costs of medical treatment , travelling expenses, loss of or damage to property, eg personal effects, insurance excess. See further.
General Damages - these would cover items such as physical injury, pain and suffering or loss of amenity, disadvantage in the labour market, reduction in quality of life. See further.

Interest - interest may be awarded on some of the compensation you receive to reflect the time between the claim being made and finally agreed. The rate of interest and the period for which it is payable varies according to the type of damages awarded.

Contributory Negligence - the situation may arise where a person wishing to make a claim for compensation is actually partly responsible for the accident. This is called Contributory Negligence but it does not prevent a claim being as long as another party is also partly responsible. However in these circumstances the compensation is likely to be reduced in proportion to the Contributory Negligence which the court feels is applicable, or which is negotiated.

Obviously compensation claims can be very complicated and it would be unwise to attempt to pursue a claim without professional assistance which should be provided by a solicitor with expertise in this field. Excalibur Solicitors is a specialist personal injury practice dealing with all types of injury claims such as road accidents, accidents at work, accidents in public places, medical negligence. If you have been injured in the last three years and require advice on your potential compensation claim we can provide a free legal assessment of your case if you complete our Application Form. We operate on a "No Win No Fee" basis at no cost to you.

The information in this article is designed to provide general information only. Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute legal or other professional advice.