In 1998 former Commonwealth Games cyclist Manny Helmot was involved in a cycling accident. When out training he was knocked off his bike by a car, sustaining severe injuries. Twelve years on, Manny received one of the largest compensation payout in Britain – a whopping £13.75million. For those who have been unfortunate enough to have been involved in a cycling accident, or in fact suffered a personal injury as a result of some other form of accident, this is not to say you will likewise receive millions of pounds. There are factors which are taken into account when deciding the amount of compensation you should be awarded if you have suffered injury as a result of an accident.
Your compensatory award is normally calculated in two parts. Firstly, your lawyers will ascertain your injuries and look to obtain General Damages for these. Secondly, your lawyers will assess any other losses you have suffered as a result of your injury and seek to attain Special Damages for these. Both these forms of damages are now explored.
General Damages
General Damages is the term used to describe the compensation you will receive for your physical and psychological injuries. For example, have you suffered a broken arm, burns, severe bruising or post-traumatic stress disorder? With reference to Manny’s case, Manny lost the use of his right arm, was rendered partially blind, and sustained brain injuries as a result of his cycling accident. Accordingly, he was compensated for each of these injuries.
Special Damages
Special Damages is the term given for the compensation you receive in respect of all of your other losses. For example, you may have suffered a loss of earnings, racked up considerable expenses in relation to any care or assistance you have had, or through transportation costs in order to get you to your medical appointments, or have had property damaged – all of which are attributable to your accident. If this is the case, you are entitled to be compensated for these losses. Again, Manny’s case provides several examples of what is taken into account when deciding your compensatory award. Manny will never be able to work again and his mother has had to give up her job to look after him, given that he is need of 24-hour care. Most of the £13.75million that Manny was awarded was due to the fact that he had around 8 years left of his cycling career, no longer has any earning potential, and had much of his life ahead of him. Furthermore, account was taken of the costs involved in his care, and even that the cost of care is more expensive in Guernsey, where he resides, in comparison to the rest of the United Kingdom. Moreover, although in the circumstances it would seem somewhat trivial, Manny would have also received compensation for the bike which was also damaged in the accident.
So, what does this tell us? In essence, the aim of compensation is to place the injured person in the position he/she would have been had the accident not occurred. In many cases this will be through a monetary award that takes account of the injuries you have sustained and all the subsequent losses you have suffered.
If you have been involved in an accident and sustained injury, please get in touch with our specialist team of personal injury lawyers who will ensure you receive the maximum compensation you are entitled to.
