Claiming for Loss

Claiming for Loss

Many clients that approach The Injury Lawyers with a potential claim are aware that they may be entitled to compensation for their injury. This heightened awareness may be due to the increasing amount of personal injury related advertisements on television and the radio. Many of these clients, however, are not aware that they may also be entitled to other losses they have sustained as a result of the accident.

When we advise clients we also advise and enquire as to their losses. These losses are then compiled in a document known as a Schedule of Loss which can then be disclosed to the other side and claimed for. There can be many items included in this Schedule and I have listed some of these below:

1. Care and assistance: – if you have needed care and assistance as a result of the accident then this may be claimed back at an hourly rate.  This means that, where you have required a carer or family or friend to assist you with personal care, such as dressing and washing, household chores such as vacuuming and cleaning, preparing meals or shopping (this list is not exhaustive), this may be claimed back. It must be of note however that due to the nature of the claim you may not get all of which you claim and whatever you receive is payable to your carer/carers.
2. Loss of earnings:- if you have suffered a loss of earnings as a result of the accident then you may be entitled to claim this back – it may be that you have had no pay at all or simply a reduced rate of pay such as Statutory Sick Pay.  If you are employed then a solicitor would usually ask you for 13 weeks of wage slips prior to the accident. Your loss of earnings is then calculated over an average of the 13 week period.  If you are self –employed this average is usually calculated over 3 years of profit loss accounts.
3. Treatment costs: – for many clients who come to us at The Injury lawyers we are able to arrange private treatment such as physiotherapy at no cost. This allows our client to have treatment quickly compared to the potential wait for the NHS treatment. This treatment can then be claimed back in the Schedule of Loss.
4. Other types of loss which may be included in the schedule could be travel expenses to medical appointments etc or even prescription costs – as long as they are a result of the accident.

The above list is not exhaustive so to find out more about losses The Injury Lawyers may be able to provide advice.