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If I have an accident what can I claim for?

If you are unfortunate enough to have an accident, whether it is a road traffic accident or an accident at work or and other type of accident for that matter and you sustain an injury then you may be able to make a claim for damages for your injuries and losses.

We are all familiar with the idea of being able to claim for the “injury” which is compensation for the pain and suffering you have experienced as a result of the accident but the damages you may be able to recover do in fat go some way beyond simply beyond that.

When I see a client for the first time after an accident I spend a good part of that first meeting exploring the financial losses that have been sustained because of the accident and also what financial losses might accrue in the future.

Most of you will know instantly if you have suffered a loss of earnings because if your employer does not operate a Sick pay scheme then you are not paid  for the time you are off work.  That is straight forward enough.  But also remember that if your employer works to a bonus scheme and you miss out on payment of a bonus because of your time off work then you are entitled to claim for that lost bonus as part of your claim.  I occasionally come across cases where a client has missed out on a pay rise because of an absence following an accident and that is also a valid item of claim. The key thing to remember is that damages following an accident are intended to put you back in the position you would have been in had the accident not happened so it is worth looking deeper than just a simple loss of earnings claim.

In addition to loss of earnings you can also claim for any care and assistance you needed following an accident whilst you were incapacitated and recovering from the accident.  And importantly that is not restricted to any actual payments you made for someone else to drive you to appointments, do your shopping etc – it extends to the day to day care your spouse or relatives and friends provided even though they did not charge for that care and assistance. This is a recognised valid item of claim recognised by the Court and one which I always raise at our first meeting.

You can also claim for loss of use of gym membership or golf club membership – those occasions where you have paid or are committed to paying fees and you cannot use the facilities because of your injuries.  With proof of the amounts involved I can include those in your claim for you.

You can also claim for your sundry expenses such as prescription charges and petrol. They might seem minor items in some cases but if you are attending multiple appointments the expense quickly grows and it is worthwhile claiming this as part of your case.

In cases involving serious injuries you might have on going care needs and in such matters it is often necessary to obtain a specialist report from an expert who has detailed knowledge of the needs both now and also in the future.  We have excellent contacts throughout the profession and if your case is one where such input is required, you can be sure that  we will choose the right expert for you so as to advance the best possible case for you.

These are the main items of claim I tend to come across on a day to day basis but it is not an exhaustive list.  When we first meet I will ask you if there are any other less obvious losses you have suffered and if there are then I will include those in your claim for you. The thing to ask is “Have I suffered a loss or incurred expense solely because of that accident?” and if the answer is “YES” then in all likelihood I will be able to claim it back for you.

If you have had an accident and suffered injuries and losses give me a call and I will be happy to discuss pursuing a claim with you.

Until next time

Lorraine

Ibbotson Brady Solicitors Limited
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