For many people, there is an expectation that the court will decide the amount of compensation received in personal injury cases. But while the final sum is awarded by a court, or an offer made by the defendant in an out-of-court settlement, the actual amount is not entirely out of the plaintiffs’ hands. The claim itself must be for a certain amount.

Calculating a final injury compensation figure is not a particularly complex process, and an experienced injury attorney will have no problem arriving at a fair amount. This is primarily because each type of injury and illness one can claim for has a range of minimum and maximum value. The reason for this is to avoid exorbitant amounts being sought, but it also means that if a claimant is in an accident at work resulting in a leg injury, they have an idea of ​​what they could receive for it. There are five general rights that any claimant has, relating to income, increased expenses and even the loss of a vacation.

lost income

This is the obvious type, and the first that comes to mind. It is understandable since an injury can prevent a person from working, either in the short or long term. The thing to keep in mind is that what is claimed is the loss of net income, which means that the figure is the salary after taxes. If the injury resulted from a workplace accident, the employer will generally continue to pay wages, even though the employee is not working. If there is any difference between the salary at work and outside of work, then it can be claimed. This occurs when the claimant is usually paid on commission.

Travel expenses

If an injury requires the claimant to travel for treatment, the costs involved may be claimed. This relates to taxi fares or bus fares to a hospital to a treatment clinic, or perhaps a train fare if the claimant needs to travel between cities. In the event that a private car is used, it is normal to claim a mileage charge of around 40p per mile.

Medical expenses

After lost earnings, this is probably the second most obvious type of compensation claim. Medical costs are easily calculated as any hospital or clinic will provide receipts and record details of any treatment in official medical records. However, prescriptions given are also claimable, so each prescription refill must also be recorded.

Nursing and Care

Depending on the severity of the injury, a home nurse may be required to maintain 24-hour medical care. This is not included in medical expenses, as most nursing home care is provided by independent home nursing companies. All invoices must be retained for the duration of the nursing contract and the full amount can be claimed. Perhaps surprisingly, a claimant is also entitled to compensation for any care and attention provided by family members. An hourly rate may be claimed, although the rate must be within the industry norm and the number of hours must be realistic.

loss of vacation

This probably comes as a surprise, but if a holiday or weekend was booked and the accident forced the cancellation of that time-out, the claimant has the right to seek compensation. If an injury also caused a claimant to lose their entitlement to annual leave, even though nothing had been booked, then a claim can be made for that as well.

Even stranger is the fact that if a claimant decides to go on vacation with their injury, they can also claim compensation for the loss of enjoyment. There are other areas in which a claimant can claim, and this is the confusing area for many people. A good injury lawyer will know the full scope of personal injury compensation rights, so it is not something for the common person to worry about. But from car accidents to an accident at work, it pays to be aware that there is more than just the injury to seek compensation for. The total amount of compensation for injuries can be quite a lot, but if the injury is severe, causes real pain, real loss of income, and even long-term debilitation, then it’s only fair that every type of right should be recovered.