The Meaning Of Loss Of Amenity In Personal Injury Claims
Welcome to our guide looking at the meaning of “loss of amenity”. You may have heard this phrased before but be unsure exactly what it means in a personal injury claim. In this guide, we will answer questions like “what does loss of amenity mean?” and “how are damages for pain and suffering calculated?“
Claims for loss of amenity can feel complicated and difficult to navigate on your own. That’s where we come in. Our advisors are standing by to answer your questions.
This article is also written to be as easy to understand as possible. We’re aware that certain legal terms can make the process harder to understand. We try our best to avoid terminology that makes the process more daunting.
The more our advisors know about your loss of amenity claim, the better they will be able to help you. If you have a valid claim, then we can connect you with an expert lawyer from our panel. So, for the most accurate valuation we can give you, it’s best to get in touch today.
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Services And Information
- Everything You Need To Know About Loss Of Amenity Meaning
- What Is Loss Of Amenity In An Injury Claim?
- Examples Of Loss Of Amenity
- How Do I Maximise My Compensation?
- Special Damages In Injury Claims
- Calculating Damages For Personal Injuries
- How Is Loss Of Amenity Valued?
- Claim For Loss Of Amenity On A No Win No Fee Basis
- Q&As On Loss Of Amenity Meaning
So, what does the loss of amenity mean? In the context of personal injury law, this is when you are injured due to someone else’s negligence, and these injuries result in your ability to carry out certain tasks being reduced or even lost completely. This can be temporary as you recover, but you might also be affected on a permanent basis.
It’s not just physical injuries that can prevent you from carrying out certain tasks. Mental injuries can be just as debilitating. Becuase of this, you can claim for mental injuries as well as physical ones.
Loss of amenity covers you for a loss of enjoyment in life. If your mental or physical capacity is affected due to personal injuries, then your ability to carry out certain tasks may be lost or reduced.
For example, there could be a certain amount that’s awarded for a severely broken ankle. If this never fully heals, then the figure tends to be higher. However, if the injured party was a keen amateur footballer, then this could mean that they’re no longer able to do something they really enjoy. Therefore, the figure could be even higher still.
This is just one example of how loss of amenity can influence the value of a claim. For more information on how it could affect your claim, speak with a member of our team today.
There are a number of scenarios where a loss of amenity could affect your life. We have provided some examples below that demonstrate how your life could be affected by a loss of amenities.
- Loss of the use of your hand – a factory worker could have their hand crushed in faulty machinery at work, leading to them being severely disabled. They could have been a recreational tennis player and are no longer capable of playing as a result.
- Post-traumatic stress disorder – someone may have been involved in a car accident that was not their fault. Even if their physical injuries completely, they could be left mentally scarred as a result. This could mean they’re unable to drive and visit their family who live across the country due to the psychological trauma.
- Noise-induced hearing loss – a sound-technician who isn’t supplied with adequate ear protection. This could lead to their hearing being affected and affect their ability to play in their own live band.
These are just a few examples; it’s not an exhaustive list. If you want to find out if what you have experienced falls under the category of “loss of amenity”, then get in touch with us today.
To increase the chances of your loss of amenity claim being worth as much as it possibly can, there are a few things you should do. For example, you should make a note of all instances and occasions that your injury prevents you from participating. This can include events like weddings and birthdays, but also tasks such as going or work or recreational activities.
However, these must be things that you would have been able to do prior to your injury. For example, if you claim that you could play the piano prior to a severe hand injury and now you can’t, this will be investigated. You could suffer consequences if you are untruthful.
Special damages for a loss of amenity claim are made up of the financial losses you have experienced due to your injuries. Some examples of this include:
- Loss of earnings/future loss – your injuries could limit or remove your ability to work. This could be on a short-term, long-term, or even a permanent basis. If this is the case, then you could be reimbursed for the wages you would have earned during the period of your recovery process. If you are never able to recover, then you could even be compensated for the wages you would have earned up until retirement.
- Medical bills – this can cover things like the cost of prescriptions or specialist medical care that wasn’t available for free on the NHS.
- Travel costs – certain injuries may affect your ability to drive yourself around, for example. You could be reimbursed for public transport tickets or taxis.
For more information regarding what else can be claimed back via special damages payments, call our advisors today.
Another sum that is related to a claim for loss of amenities is known as general damages. This figure is awarded to you to account for the physical pain and mental suffering caused by your injuries. General damages are calculated with the assistance of a publication called the Judicial College Guidelines (JCG).
These guidelines were last updated in 2019, and they are made up of a list of injuries and their potential value in compensation. More severe injuries tend to be awarded high amounts.
We’ve included a table below that contains some of the entries from the JCG. Get in touch with us if you don’t see your injury listed. It doesn’t mean you can’t sue for loss of amenity. This is only a small sample of the injuries in the JCG.
|Paraplegia||(b) impact on things like mental health and sexual function||£205,580 to £266,740|
|Brain damage||(c) Moderate - (i) various senses will be affected and there’ll be no employment prospects||£140,870 to £205,580|
|Post-traumatic stress disorder||(a) the injured person will be left unable to work, or function anywhere near the level they did prior to the trauma||£56,180 to £94,470|
|Sight||(b) Total blindness||In the region of £252,180|
|Hearing||(b) Total deafness||£85,170 to £102,890|
|Chest||(a) injuries to the chest, lungs and/or heart that result in lasting damage and physical disability with a reduced life expectancy||£61,710 to £94,470|
|Back||(a) Severe - (iii) fractures of discs or similar injuries that result in things like ongoing pain, impaired agility and sexual function etc.||£36,390 to £65,440|
|Arm||(a) Loss of both arms - when the claimant is fully aware, and is left in a considerable state of helplessness||£225,960 to £281,520|
|Elbow||(a) The injury will be severely disabling||£36,770 to £51,460|
|Wrist||(b) where the injury is permanent, but some useful movement does remain||£22,990 to £36,770|
In order to work out the value of general damages in your claim, you will be invited to a medical assessment. Here, an independent expert will assess your injuries and confirm that they were caused by your accident. They will compile these findings in a medical report which can be used with the help of the JCG to value your claim.
So, as we’ve laid out in this article, there can be a few things to consider when valuing a claim for loss of amenity. This means each claim will be worth different amounts.
Basically, the severity of your loss amenity will need to be carefully considered by legal professionals whilst the claim is being made. Both your special damages and general damages figures can be affected by your loss of amenity.
All of the lawyers on our panel work with their clients on a No Win No Fee basis. What this means is that if your claim is successful, you won’t be responsible for covering their legal costs. You will only need to pay their legal fees if you are awarded compensation.
Even in this instance, the amount they are owed will be taken from your settlement amount in the form of a small percentage. What’s more, this percentage is legally capped, ensuring that you always get the majority of the compensation you’re awarded.
Arrangements like these exist so that everyone has access to the legal help they require to make a claim. There are no hidden costs or upfront fees. So, get in touch today to start the process.
Here are some additional links for further reading on similar topics
- Find out how to make burn injury claims.
- You can also claim for a psychological injury.
- This is our personal guide to personal injury compensation.
- Information from the NHS on the subject of amputation.
- Advice for claimants from the NHS about claiming if their loss of amenity was due to medical negligence.
- Read about what a litigation friend is and how they can help someone who can’t make their own claim.
We’ve answered some of the more common questions we are asked here at UK Law.
What is an amenity in law?
You may be making a claim for loss of amenity, meaning your capacity for certain tasks has been reduced or removed due to a physical or mental injury.
What is a loss of services claim?
This claim focuses on when the claimant suffers a fatal injury. The calculation takes into account any dependents they may have left behind, and what would have been provided to them if the claimant had survived.
How are damages for pain and suffering calculated?
The amount you receive for pain and suffering will be based on your medical report. This will be valued with the assistance of a publication called the Judicial College Guidelines (JCG).
Thank you for reading our guide on the loss of amenity meaning.
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