Compensation for Injury and Loss

Damages (or Solatium’ as they are know in Scotland) are the legal terms used for the compensation awarded by the court to compensate for an injury when the fault lies with someone else.

Compensation for injury is separate from any financial award for actual losses. Losses are calculated from documented proof such as receipts or wage slips and might include lost wages, costs to replace damaged belongings and equipment and other reasonable losses that can be calculated.

An award of compensation for injury caused in an accident (damages) is assessed using principles of common law. The ruling will be based on previously decided cases of similar facts and circumstances. The courts are assisted by the medical evidence submitted on your behalf and by guidance often referred to as The Judicial College Guidelines. These set out the range of awards for different injuries at current day rates, taking into account the change in the value of money overtime (inflation).

Wiggle Legal will assess the value of compensation for injury and advise you of the likely award for compensation. This award is often termed “Pain, Suffering and Loss of Amenity” or PSLA for short; sometimes referred to as “General Damages”.

In the vast majority of cases, compensation is agreed by negotiation with no need to go to court. The total amount awarded to you will be the sum of both your award for damages, and your award for financial losses.

Losses that you can claim for:

  • Treatment costs - any treatment that you need to recover from the accident including physio, dental etc.
  • Broken bike - the costs to fix or replace your trusty steed.
  • Bike hire - a temporary bike for you to use while yours is being fixed or replaced.
  • Clothing and personal effects - replacements for other items that were damaged in the accident.
  • Helmet - if your helmet hits the ground it probably needs replacing.
  • Mobile phone/laptop/iPad etc - so you can keep in touch and online.
  • Bike computer - they're an expensive investment and keep track of your miles.
  • Headcam - But remember to keep any useful footage of the incident!
  • Loss of entry fees to a planned event.
  • Travel costs – so the costs of your bus, train, Oyster Card – if you can’t ride to work due to injury.
  • Car parking / taxis if you need to go to hospital as a result of your injuries. 
  • Lost earnings - including general wages, overtime and bonuses.
  • Loss of pension if employer doesn’t pay you while off work
  • Loss of congenial employment – for example if you can no longer pursue your chosen employment due to injury
  • Loss of holiday - if you can’t go on a planned one due to your injuries.

 

Need to know more?

Get in touch - we're happy to help. Give us a call on 01252 912295, email us on info@legal.wiggle.co.uk or start your claim below.

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