Damages in road traffic accident cases
A lawyer’s aim in any personal injury claim (including road traffic accident cases) is to obtain the highest possible level of damages for the injured party.
The purpose of a damages award is to restore an injured person to the position that they would have been in had the accident not happened. It should recompense not only for injuries suffered and financial loss incurred but also for the stress and inconvenience of having to make a claim.
In practice, this can be difficult to achieve, which is why expert legal advice is preferable.
Types of damages
In the vast majority of claims, two sorts of damages may be claimed.
The first is known as General Damages. This is compensation for the pain, suffering and loss of amenity suffered by the injured person. They are valued with reference to (a) medical evidence, and (b) case law, where the Courts have awarded sums to similarly-injured people in the past.
The second type of damages is known as Special Damages. This is an award of compensation for financial losses sustained as a result of the accident. The basic idea is that the injured person is able to claim for anything that he or she has had to pay for which they would not normally have had to pay for. A good example of this is going to the doctor after the accident or making trips for physiotherapy treatment. If, but for the accident, the person would never have made the trip, they can claim for any travelling expenses incurred.
Unfortunate car crash
Losses may include:
- Loss of Earnings;
- Medical Expenses;
- Expenses relating to the cost of living with the injuries;
- Specific items of loss;
- Cost of services provided.
In order for the injured person to be able to prove financial loss they should retain receipts and invoices.
Losses specific to road traffic accidents:
There are certain losses that an injured person may wish to claim for which are specific to Road Traffic Accident claims. These include:
- Cost of repairs to the vehicle concerned, whether this is a motorcycle, car or bicycle;
- Policy excess. This applies whether or not the vehicle is classed as an insurance write-off after the accident;
- Hire car charges;
- Fares for public transport;
- Damage to clothing, footwear or glasses;
- Taxi fares;
- Prescription charges;
- Recovery or storage charges relating to the vehicle concerned;
- Items that were in the vehicle that were damaged as a result of the accident;
- Loss of use and inconvenience of not having a vehicle;
- Physiotherapy and Chiropractor treatment.
No Win, No Fee
Road traffic accident claims are brought in a variety of ways. Most are on a “no win, no fee” basis.
If you have any comments or experiences on road traffic accidents, please use the comments form below. You can also use the comments form to get in touch with Winston Solicitors LLP for legal advice.
