Proving Your Losses

Following an accident, you may find that personal items such as clothing, jewellery, and electronic goods have become damaged. This is regular feature of a Personal Injury claim and you can claim your losses.

You are entitled to claim compensation for the loss of your personal items

Some of the more common claims for losses are detailed below, along with our best advice on how to provide evidence.

Travel expenses

You may be able to claim the cost of any journey made as the result of an accident, including:

• Public transport costs
• Taxi fares
• Petrol expenses*

*If you travel by car, keep a note of the distance and the date. This will allow you to claim a mileage rate for the journey even if you are not the driver and cannot produce fuel receipts.

We advise you to keep any tickets or receipts.

Property and clothing claims

We appreciate that you may no longer possess receipts from the original purchase of an item. This is especially true of clothing. However, we can still help:

• If you are unable to provide receipts, you will be required to provide an estimate of the cost of the item, e.g. a catalogue or internet printout displaying the saleable goods.
• If the item is no longer manufactured, you are required to provide three reasonable alternatives.

 

Loss of earnings

Following an accident, you may need time away from work to recuperate. This loss of earnings can be reclaimed.

Below is important information regarding frequently asked questions:

• Repaying Sick Pay – some employer contracts include a clause requiring sick pay to be reimbursed in the event of a successful Personal Injury Claim. This amount can be claimed for, and will not come out of your settlement.
• Self Employed – if you are self-employed, evidence of your projected losses must be deemed reasonable by a medical expert.

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Medical expenses

In order to claim for medical expenses, you will be required to present evidence – Hampson Hughes Solicitors require all medical charges to be proven by receipts.

If the cost is covered by private healthcare insurance, your contract of medical insurance may oblige you to include this in your claim.

Any treatments must be deemed reasonable by the medical expert.

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Personal care costs

As a result of your injury, you may require care at home:

• If you pay for your care, you can recover the cost as part of your claim. We advise you to keep all receipts.
• If you receive care from family or friends at no expense to yourself, you may be able to claim the value of the care they have provided.

An evaluation from a medical expert as to the nature and appropriateness of the care could be necessary to assist us in evaluating your claim.

Witness statements from you and your helper(s) may also be required – we will help you at every step

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Serious injuries and special equipment

Individuals suffering from serious injuries, both long and short term, may require specialist equipment to maintain a quality of life, for example:

• Ramps
• Wheelchairs
• Bed/Bath hoists
• Adapted vehicles (motor/electric)

Where home adaptations are necessary, any building work and the need for future maintenance will be included in your claim.

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Hobbies, pastimes, holidays and loss of quality of life

If your injury causes you to forego a pre-booked holiday, or prevents you from participating in a much loved hobby or pastime, we can ensure your compensation takes this into account.

Some common examples include:

• Education Fees
• Holiday Cancellation
• Club Membership Fees
• Pre-booked Travel Costs (e.g. Car Rental/Rail Card)

You will be required to present evidence of any such payments which you wish to reclaim.

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Social security benefits

Some injuries bring an entitlement to social security benefits, including:

• Income Support
• Statutory Sick Pay
• Job Seekers Allowance
• Invalidity / Incapacity / Disability Benefits

Upon receipt of compensation, your eligibility for state benefits may be affected as many benefits are means tested – we can advise you on how best to ensure your benefits are not affected.

In certain circumstances, your benefits may be deducted from your compensation so that you are not paid twice.

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Handicap on the labour market

Serious injuries can affect your on-going employability, both in the sense of looking for suitable work or affecting your ability to continue in your current employment.

In such cases, advice from a medical expert will be taken into account and could form part of your claim.
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Past losses against future losses

Your financial losses can fall into two groups.

• Losses which you have sustained as a result of the accident – you will be required to present receipts, pay slips, and other evidence as proof.
• Losses which, although caused by the accident, have not been incurred at the time of the settlement (future losses).

We will ensure that we have evidence in support of such future losses so as to include this total in your compensation.

A future loss can continue over several years. It is likely that you will have to allow a discount to reflect the fact that the insurers are paying you a lump sum up front, which you can then invest.

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