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Compensation Claims
[16.11.10] |
 Many people view the pursuing of a compensation claim in the same way as buying a ticket in a lottery. What they see at the end of it is a big payout that may set them up for life. But what they fail to appreciate is that compensation claims are intended to compensate the claimant for some actual loss or suffering that results from some negligent act or omission on the part of the defendant.
Compensation claims will, if successful, pay an amount that reflects the loss you have sustained, any pain and discomfort you have suffered and the lower quality of life you have had since the accident occurred. It follows, therefore, that pursuing a claim is only worthwhile if there is appreciable loss or suffering, otherwise amounts payable are likely to be negligible. If so, a lawyer will no doubt advise you that the claim is not worth pursuing and certainly won't take it on a 'no win, no fee' basis.
An injury doesn't have to be physical to justify a compensation claim. It can also be psychological, although these are likely to be more difficult to prove And you'll need to have adequate evidence if the claim is to have a chance of success. Claims can arise from all sorts of accidents, typically trips, slips and falls, road traffic accidents, medical negligence and illness resulting from your work. The main point is that they have to result from someone else's negligence, otherwise you have no one to pursue for compensation. It also has to have had some detrimental effect on your life and the level of the impact will determine the amount of compensation you may receive at the end of it.
Compensation claims can be pursued for loss of amenity as well as for pain, suffering and financial loss. This means, for example, that the injury you sustain may prevent you undertaking a sport or pastime that you enjoy and were able to participate in before the accident. Additionally, although you may still be able to work and earn to the same extent as before, you may not be fit enough to carry out the type of work you previously enjoyed, which is known as a loss of congenial employment. You may also be able to claim compensation for emotional distress, caused by increased stress levels or disturbed sleep.
The loss of income and increased expenditure that may result from your accident will naturally have an impact on your finances. This will inevitably eat into your savings and, at worst, result in you accumulating debt and even greater expenses. This may not only increase the level of compensation to which you are entitled but will also mean that the pursuit of a successful claim is even more urgent.
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