The Meaning Of Loss Of Amenity In Personal Injury Claims
By Lewis Aaliyah. Last Updated 19th December 2024. 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, you can expect answers to 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.
Get In Touch With Our Team
You can speak to us over the phone. However, there are other methods by which you can reach us. You can:
- Call our phoneline on 020 3870 4868
- Enquire about a claim online
- Use the pop-up window in the corner
Services And Information
- A Guide To The Meaning Of Loss Of Amenity
- Examples Of Loss Of Amenity
- Getting Compensation For Pain, Suffering And Loss Of Amenity
- Special Damages In Injury Claims
- Calculating Damages For Personal Injuries
- Claiming For Loss Of Amenity – Gathering Evidence
- How A Solicitor From Our Panel Could Help Your Claim
- Claim For Loss Of Amenity On A No Win No Fee Basis
- Resources
A Guide To The Meaning Of Loss Of Amenity
First, it is worth answering the key question: “What is loss of amenity in a personal injury claim?”
A succinct loss of amenity definition is the inability to carry out the same tasks after suffering physical or psychological injuries that you could before.
This could mean different things. For example, it could mean that you’re unable to carry out important jobs around the house. Alternatively, a broken foot could bring about a loss of amenity meaning that the injured person can’t take part in a hobby they were involved in before an incident, like football or jogging.
In order to be eligible for a payout including compensation for loss of amenity, you will need to make a successful personal injury claim. Your claim must show that:
- A third party owed you a duty of care under the relevant law.
- They breached this duty. For example, they may have endangered others by not following applicable safety legislation or guidance.
- This resulted in an accident where you suffered physical and/or mental harm.
If you’re unsure on whether you can start a compensation claim, all you need to do is call our free helpline. An advisor can answer your questions and assess whether a No Win No Fee solicitor could help you seek compensation for your injuries and loss of amenity.
Examples Of Loss Of Amenity
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. This accident at work led to them be 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.
Getting Compensation For Pain, Suffering And Loss Of Amenity
Pain, suffering and loss of amenity in personal injury claims is compensated for under general damages. This is awarded in all successful claims.
Rough compensation guidelines are provided by the Judicial College Guidelines (JCG), which we look at in further detail below.
Call our advisors for a free estimation of what you could receive for general damages.
Special Damages In Injury Claims
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.
Calculating Damages For Personal Injuries
General damages is compensation that is awarded for the pain and suffering that an injury has caused. It can address both physical and mental pain and suffering, as well as loss of amenity. Loss of amenity meaning an effect on any hobbies or activities you previously took part in.
Compensation is calculated on a claim-by-claim basis, so how much you could receive in general damages will be based on your individual circumstances.
The figures in the table below are taken from the Judicial College Guidelines . Legal professionals use this publication to help them value general damages.
| Injury | Severity | Amount Guideline |
|---|---|---|
| Multiple Severe Injuries Plus Loss of Amenity and Financial Damage | Serious | Up to £1,000,000+ |
| Sight | Total Blindness | In the region of £327,940 |
| Arm | Loss of Both Arms | £293,850 to £366,100 |
| Paralysis | Paraplegia | £267,340 to £346,890 |
| Brain damage | Moderate (i) | £183,190 to £267,340 |
| Hearing | Total Deafness | £110,750 to £133,810 |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 |
| Elbow | A Severely Disabling Injury | £47,810 to £66,920 |
| Back | Severe (iii) | £47,320 to £85,100 |
Our advisers could be able to give you more detailed information about how compensation could be awarded for your injury. They can provide a free evaluation of your claim if you get in touch.
Claiming For Loss Of Amenity – Gathering Evidence
When claiming for pain, suffering or a loss of amenity, you’ll need to provide evidence that your way of life was negatively affected by your injuries. Additionally, you must demonstrate that someone owed you a duty of care, but breached this duty, resulting in a loss of amenity.
Below are some examples of evidence that might be useful for your personal injury compensation claim:
- If you are undergoing therapy to deal with the impact of a reduction in your quality of life, you could ask for notes from your therapist.
- Evidence of an activity you did before you were injured. For example, a gym membership can show you were a gym member prior to your injury.
- The contact details of anyone who witnessed your accident and can corroborate your version of events. Your solicitor will speak to them for a statement.
- Photographs of any physical injuries, such as a broken arm. You should also photograph the scene of the accident.
- Request your medical records to prove any treatments for your injuries you have had.
- A report from an independent medical expert can determine the extent of the harm you have suffered.
- Proof of any financial harm you have incurred. For example, a wage slip can prove you have experienced a loss of earnings.
If you have endured a loss of amenity, meaning you are unable to participate in activities you typically would, speak to our advisors for free advice. They could connect you with a specialist injury lawyer from our panel, who could help you collect evidence.
How A Solicitor From Our Panel Could Help Your Claim
If you are eligible to proceed, a solicitor from our panel could help you by applying decades of combined experience to advise you on the decisions you need to make for your case. They have handled many similar cases involving loss of amenity in personal injury claims.
Their services include:
- Gaining an independent medical assessment to prove the severity of your injuries and the impact it could have in future
- Explaining complicated legal terms and processes
- Maintaining excellent communication to inform you of updates on your claim
- Assisting with applications for interim payments (these are payments made to eligible claimants before the claim has been concluded. They are generally given in cases where the claimant requires financial support for their recovery)
- Handling correspondence with the defending party and the court
We can assure you that, if eligible, a solicitor from our panel would give your claim the attention and care that it requires. At UK Law, our panel have undergone years’ worth of training and education, giving them the tools to provide high-quality legal advice.
Please do not hesitate to contact our team of advisors with your queries. They can outline the loss of amenity meaning and evaluate your eligibility to claim. After your enquiry, you could be connected to a No Win No Fee solicitor from our panel, so get in touch today to potentially start the process.
Claim For Loss Of Amenity On A No Win No Fee Basis
If you are eligible to claim personal injury compensation for pain, suffering, and loss of amenity, you may be connected with our panel of specialist solicitors.
All of the solicitors on our panel work on a No Win No Fee basis, specifically under a Conditional Fee Agreement (CFA).
What this means is that you don’t have to pay for the work your solicitor does:
- Upfront.
- Throughout the entire claims process.
- If the claim is unsuccessful.
Instead, if your loss of amenity claim is successful, your solicitor can keep a small percentage of your compensation. This percentage is known as the success fee and is capped by law to ensure you are not overcharged.
If you have further questions about the loss of amenity meaning, and how to begin a claim on a No Win No Fee basis, please contact us today. Our advisors can have a chat with you about your circumstances for free:
- Call us on 020 3870 4868
- Start your claim online
- Use the pop-up window in the corner
Resources
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.
Writer IB
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