Compensation for those who have an acquired brain injury will often include the following:
Compensation for pain, suffering and loss of amenity. This is an amount which is decided by considering similar cases reported at court. This amount compensates you for the effect the injury has and will have on your quality of life.
There are many different types of special damages. These include all the financial losses and expenses which have been incurred as a consequence of the accident. The following are types of special damages:
- Gratutious Care – care provided by friends and family which is generally provided free of charge. You are able to recover an amount for this free help
- Commercial Care – the cost of professional care both past and future including the cost of a case manager to assist in the future
- Loss of Earnings – this will include the losses that you have suffered through not being able to work. It will include the fact that you may not be able to work in the future or might not be able to work to the same capacity. It should also take into account promotions or increased earnings capacity that you might have achieved had you remained in employment
- Adaptations/Equipment – adaptations to the family home or specialist equipment costs to help make life easier
- Housing – it may well be that new accommodation is required. If so, provision for this will need to be included in your claim
- Treatment – the cost of any past or future treatment will be recovered
- Additional Bills/expenses – the cost of additional bills due to the injured person being at home more than they would have been had the accident not occurred
- Travelling expenses – in adding medical appointments
Concluding your claim
If we cannot agree an appropriate amount for your claim with the insurance company, court proceedings may have to be issued. A case will be prepared for court to enable a judge to decide on what is the appropriate value.
In most cases, the value of the claim can be agreed with the insurer. When the amount is agreed, either by negotiation with the insurer or by the court, consideration will then be given to whether a lump sum award is appropriate or whether regular payments for life are appropriate to meet any ongoing requirements.
A lump sum award will often take into account the fact that the money for future costs is being received much earlier than the cost will be incurred. An allowance is therefore made to take into account the fact that the money can be invested upon receipt and earn interest.
A lump sum award will generally be assessed by considering the cost of such things as care as at the date of settlement with some allowance made for increased costs in the future in accordance with the retail price index (RPI). Due to the fact that the cost of providing commercial care is increasing over RPI it may follow that a lump sum is awarded is not appropriate, since even with investment income the future costs of care may well exceed the lump sum and interest. This may leave a person requiring long term care in a situation where their compensation would not be enough to meet future care needs. In these cases, it may be better for a regular payment for life. This is known as a periodic payment and generally ensures that the future costs of care will be met and the injured person is not under-compensated.
Personal Injury Trust
Some benefits are paid if a person has capital and income below certain limits. These limits may change from time to time. If someone receiving benefits receives a large settlement, it is likely that they will then lose their benefits and be forced to use their compensation to meet general expenses. A personal injury trust may be set up to ensure that a person claiming means tested benefits can continue to receive those benefits and retain their compensation.
At Head Injury UK we strive to obtain the maximum amount of compensation possible.
To contact a member of the Head Injury team please call us on: 0800 073 0988 or Email: email@example.com