The Meaning Of Loss Of Amenity In Personal Injury Claims
By Lewis Aaliyah. Last Updated 22nd March 2023. 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
- 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
- Claim For Loss Of Amenity On A No Win No Fee Basis
Following an accident caused by a breach of duty of care, you could suffer a loss of amenity, meaning that you are no longer able to participate in activities you usually would due to your injuries. For example, if you suffered a broken foot, you may not be able to go jogging if that is something you usually enjoy.
If you claim successfully, pain, suffering and a loss of amenity will be covered under the general damages portion of your compensation. This is discussed in further detail below.
However, in order to claim successfully, you will need to establish:
- Did the defendant owe you a duty of care?
- Did they breach their duty of care and cause an accident?
- Did you suffer harm as a result?
We hope this has answered, ‘what is a loss of amenity?’ In the next section, we’ll go into details about how a loss of amenity can occur.
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.
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 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.
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 (16th edition, updated 2022). Legal professionals use this publication to help them value general damages.
|Arm||(a) Loss of both arms - when the claimant is fully aware, and is left in a considerable state of helplessness||£240,790 to £300,000|
|Paraplegia||(b) impact on things like mental health and sexual function||£219,070 to
|Sight||(b) Total blindness||In the region of
|Brain damage||(c) Moderate - (i) various senses will be affected and there’ll be no employment prospects||£150,110 to £219,070|
|Chest||(a) injuries to the chest, lungs and/or heart that result in lasting damage and physical disability with a reduced life expectancy||£100,670 to £150,110|
|Hearing||(b) Total deafness||£85,170 to £102,890|
|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||£59,860 to £100,670|
|Back||(a) Severe - (iii) fractures of discs or similar injuries that result in things like ongoing pain, impaired agility and sexual function etc.||£38,780 to £69,730|
|Elbow||(a) The injury will be severely disabling||£39,170 to £54,830|
|Wrist||(b) where the injury is permanent, but some useful movement does remain||£24,500 to £39,170|
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.
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.
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.
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