Can I claim back losses?
Now, you may think – what does the above title mean when it says ‘losses’. Well, for any personal injury claim there is compensation amount that can be awarded for your injury, and there is a separate claim for your losses. These losses are applied for separately to your injury compensation and are compiled in a Schedule of Loss. It is important that from the outset after your accident that you keep any receipts for costs that have been incurred as a result of your accident. This helps to support and evidence any losses claimed for a potential personal injury claim.
The items of loss which can be included in this Schedule of Loss I have listed below:
- Loss of Earnings – this can be one of the most important items in a claimant’s schedule. If you are employed/self -employed and have had time off work due to your accident then you may be entitled to claim for this item of loss. If you are an employed person then a solicitor would usually ask for 13 weeks of pay slips prior to the accident. Your loss of earning is then calculated at an average of these wage slips. If you are self – employed, a solicitor would usually ask you for 3 years profit and loss accounts and calculate the average this way.
- Treatment costs – many clients come to us at The Injury Lawyers with a claim and enquire about treatment. If we accept the claim, we can organise private medical treatment at no cost to our client. This treatment can include physiotherapy, chiropractic, or osteopathic (and more) treatment. The costs can then be claimed back from the other side if you win, or can be covered by insurance if you lose. This not only means you can get private treatment at no cost, but also that you do not need to queue on an NHS waiting list – even if the case loses.
- Care and assistance – If you have required the assistance of a carer, family, or friends in duties such as caring for yourself, cleaning, cooking, shopping or washing clothes (this list is not exhaustive), and this was a result of your accident, then you may be entitled to claim this back at an hourly rate. It must be of note that due to the nature of this claim, you may not get the full amount of which you ask – but at least you get a little extra.
- Other items of loss can include travel expenses, medication prescription costs, and more.