Loss of amenity is a form of compensation that reflects how your injuries have affected your way of life. In essence, a financial value is put on things that you enjoy such as leisure activities and hobbies, but can no longer partake in, either temporarily or permanently, because of your injuries.
Can I Claim Compensation For Loss Of Amenity?
Loss of amenity is something you could be compensated for as part of a personal injury claim. Before a solicitor will agree to take on your claim, they’ll try to verify that it has the grounds to proceed. To do this, they will attempt to answer these three questions:
- Were you owed a duty of care by the other party you are claiming against?
- Did they cause an accident because they breached that duty of care?
- Were you injured during the accident?
If you’re able to answer yes to these questions, you may be eligible to seek compensation for your injuries, any costs, and loss of amenity. While those questions appear straightforward enough, you will need evidence to substantiate your answers.
Gathering Supporting Evidence
The types of evidence you could use to support your claim include:
- Photos. Photos that capture the accident scene just after it happened and shows the cause of the incident can be very useful in proving what happened.
- Witness details. Another way of proving what happened is to ask any witnesses to describe what they saw. Therefore, try collecting names and contact numbers for anybody else who witnessed your accident.
- Medical reports. It is important that you can prove what injuries you sustained during the accident. This helps to prove how much pain and suffering you’ve endured, and why you’ve suffered a loss of amenities in your life. Therefore, medical records from a minor injuries unit or A&E department could be requested following treatment.
- Camera footage. Dash cam and CCTV footage can be a very clear way of demonstrating who was responsible for your accident. You should therefore try to secure a copy before any recording is erased.
- Accident reports. You should always report your accident where possible. Shops, workplaces, and other organisations must keep a record of all accidents reported to them. A copy of your report could be used to confirm the time, location, and date of the accident.
In addition to the evidence above, when claiming compensation for loss of amenity, you will need to prove what your lifestyle was like prior to the accident. There are several ways this can be achieved. For example, your solicitor may ask you to provide photographs or videos of you participating in any activity you can no longer do. Similarly, they may ask for statements from colleagues, friends or family about your lifestyle.
You could also keep a diary following your accident to record how your injuries have affected you. This could help your solicitor understand the full extent of the suffering caused by your accident.
Our advisors can review any evidence you have gathered and provide free advice on whether you have the grounds to claim.
Examples Loss Of Amenity
As we explained above, loss of amenity places a financial value on something that you are unable to do due to your injuries. You could claim for temporary loss of amenity or in cases where your loss will be permanent. We’ve listed some examples below:
- Where a footballer is no longer to play for their team after injuring their knee in a cycling accident.
- If a parent is unable to help their children with after school activities because they have suffered an injured knee at work.
- Where a factory worker is unable to enjoy concerts any longer because their hearing has been damaged by excessive noise in the workplace.
- If a child is unable to play on their console with their friends because they have injured their hand in an accident at school.
Factors that will be considered when claiming compensation for loss of amenity include whether the injury was permanent or temporary, how long recovery took, the claimant’s age.
It is important to note that psychological injuries can also lead to loss of amenity. For example, if you used to enjoy taking your child to sporting activities at the weekend but you are too anxious to drive following a car crash, you could claim for that loss of enjoyment.
If you would like to discuss your claim with a personal injury solicitor, call 0800 6524 881 today for a free assessment of your case.
What Compensation Is Included In A Personal Injury Claim?
There are two main heads of loss that can be used to calculate a personal injury claim. They are:
- General damages. Loss of amenity is also included as part of general damages which is essentially split into two parts. One part of general damages will cover the pain and suffering you endured because of your injuries. Importantly, this element can include mental harm in addition to physical injury. The second part is to compensate for loss of amenity where applicable.
- Special damages. Here you could claim for any expenses, costs or losses that have been incurred because of your injuries. Some examples in this category include private medical treatment costs, lost income, care costs and travel expenses.
To help prove the extent of your injuries, you’ll need a medical assessment during the claims process. Your solicitor can usually arrange for you to meet an independent medical expert locally so you don’t need to travel too far.
Calculating Compensation For Loss Of Amenity
As loss of amenity is individual to each case, it’s not possible to calculate how much your claim might be worth until a solicitor has assessed it thoroughly. However, to give you some idea of what level of settlement might be awarded for any physical or psychological injuries, we’ve included the compensation calculator below:
Time Limits For Compensation Claims
When filing a personal injury claim, you must take note of the time limits set out by the Limitation Act 1980. For most personal injury claims, that means you’ll have 3-years to start from the date you were injured.
When claiming on behalf of your child, this time limit will not apply. Their claim can be started at any point before they become 18-years old. If you don’t decide to claim, once they reach 18 years of age they’ll be able to do so themselves and the 3-year limitation period will start on their 18th birthday.
It can take a while for your solicitor to assess the level of your loss of amenity compensation and to gather supporting evidence to back up your claim. Therefore, our advice is to begin the claims process as soon as possible. To check how long you’ve got left to claim, please call today.
How Personal Injury Solicitors Can Help Claim Compensation For Loss Of Amenity
When claiming compensation for a personal injury and loss of amenity, you are going to need to prove exactly why the defendant was liable for the accident, the extent of your injuries, and the value you’ve placed on the loss of amenity. If you can’t do so, you are likely to miss out on the compensation you might be owed or be paid less than you’re entitled to.
We believe you have a better chance of being compensated if you let a personal injury solicitor represent you. Using their legal acumen and their experience, our solicitor appointed to your case will prepare a concise and professional claim on your behalf.
They will then fight your corner and try to counter any objections raised in an attempt to secure a fair compensation settlement for you. Throughout the claim, you will receive regular updates and any settlement offer will be reviewed with you to check whether it is fair.
If you would like to find out whether we could help you to claim compensation for loss of amenity, please call an advisor on 0800 6524 881 today. Your case will be reviewed straight away and you’ll receive free legal advice on your options.