What Kind of Compensatory Damages Can I Expect in a Personal Injuries Claim?
A personal injuries claim is valued in various ways as and it can be helpful to have some guidance in respect of the compensation to be awarded.
General Damages:
The law seeks to restore the claimant into the position they would have been in had they not suffered their injuries. Unfortunately, as it is not possible to reverse the injuries occurring or, in some cases, prevent the impact they will have on the claimant in the future, awarding damages for things like pain and suffering and loss of quality of life is the only way to compensate a claimant. This category of damages will depend on a variety of things, including the nature, severity and duration of the injuries, the age of the claimant, the impact on their future ability to work and go about their lives, the treatment required and general prognosis.
The Personal Injuries Guidelines, which were commenced in March 2021, set out the suggested range of damages for different injuries and the considerations to be taken into account when deciding on the appropriate award.
Special Damages:
Special damages compensate the claimant for their pecuniary loss arising from the personal injuries in question.
This category of loss may include payments for medical treatment (including GP, hospital, physiotherapy and radiology expenses), medical equipment, property damage, medication expenses, and loss of earnings.
Future Losses & Expenses:
In addition to general and special damages, claimants may also be entitled to compensation for future losses and expenses that arise as a result of their injuries. This can include anticipated future medical costs, ongoing rehabilitation, the need for assistive devices or home modifications, and projected loss of future earnings if the injury impacts their long-term ability to work. The court will consider expert evidence to estimate these future costs, ensuring the claimant is not financially disadvantaged over the long term due to their injuries. This ensures that the compensation awarded provides not just for the immediate aftermath of the injury but also for the lasting consequences it may have on the claimant’s life.
Contact Our Team About Compensatory Damages
At Fachtna O’Driscoll Solicitors in Cork, our team is here to help guide you in all matters concerning personal injuries including what kind of compensatory damages can be expected in a personal injuries claim.
Richael O’Driscoll
richael.odriscoll@fodlaw.ie
Tel: +353 (0)21 4278131
Fachtna O’Driscoll
