It’s the question we get asked the most in our Personal Injury team! What can I claim for or what am I entitled to because of my accident? There’s no real clear-cut answer as everything needs to be considered on a case-by-case basis and no two injuries are ever the same!
Firstly, the common denominator is that the accident must not have been your fault. You can only claim compensation if there is someone that can be proved liable for your accident. So if you’ve had an accident recently and you fit these criteria, read on to see what you’re entitled to make a claim for.
Things which you can claim for after an accident:
Loss of earnings
This is usually the easiest to determine as we can calculate everything based on the money you have lost out on while being unable to earn.
This is how we’d calculate it:
- How much money would you have taken home in the time that you have had off work
- This amount will be based on average earnings in the 3 months prior to the accident
- Payslips and information from the employer will be needed to verify the amount
- You will not pay any tax on the sum of money you receive
A medication examination letter or report will be needed from a medico-legal expert. It should explain the severity of your injuries obtained from the accident.
Things that will be considered when assessing how bad your injuries are:
- The severity of the injury: breakage, scarring, disfigurement, psychological
- Whether the injury has long-term effects on your health
- How long was the recovery process was and will be
- Whether this injury will impact you long-term or even for your life
Prescriptions and medication
Paying for any medical treatments and prescriptions that you need as a result of the accident can be claimed. Please keep all receipts and prescriptions for the records as your lawyer will need these to add to the case notes and claim the entitled expenses back.
Damage to personal items
If your clothing and or personal items are damaged in the accident, the cost of these too can be claimed. Anything like crash helmets or glasses can be claimed for in order to enable you to replace them. If possible, provide the receipts for these items to make the claim go more smoothly.
Whether you are unable to drive as a result of the accident and have to use public transport to get around, please keep all receipts. Or if your car is unusable or damaged and you have to hire a car to get around – please first enquire as to whether you will be able to claim for a hire car before you agree to a hire contract. Your lawyer will be able to help you with this.
Carers/ nursing costs
In serious circumstances, you may need at-home carers or nurses. Some accidents even end up in people needing equipment such as handles and aid to get around your home. Or even a wheelchair and necessary home renovations to ensure you have a good standard of living adapted to your new lifestyle.
Help from family members
Help around the house from a family member or a hired tradesman. This can include housework that you would have previously done yourself, and because of the accident, you are now unable to do so. Examples of this include gardening, cleaning and DIY. Please note this work should be necessary and not for aesthetic reasons like fixing a leaking shower, not getting new carpets to keep up with the latest trend.
If your employer stops making contributions to your pension when you are off because of the accident, you might be able to claim for this too.
If you are unable to leave the house as a result of your accident and therefore have to remain at home, you will probably be using more energy within the home: gas, electricity, and even water.
Loss of employment
If your injuries mean you cannot return to the job which you previously had because you are unable to do the job anymore then you are entitled to claim for the loss of earnings.
Future loss of earnings
If you have to retire earlier than planned because of your injury, then you might be able to claim the money which you would have earned but now won’t.