Derby Personal injury claim solicitors

McIntosh Fleming Lawyers, specialise in no win, no fee accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges. Get in touch with Derby Lawyers by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .

General Principles

In a claim based upon tort including common law negligence, nuisance and breach of statutory duty, the obligation of the compensating court is, so as far as possible in monetary terms, to put the claimant back into the position he would have been in had the tort not occurred at all.

The most common and important item of general damages is the award for pain and suffering and loss of amenity (‘PSLA’).

The extent and the duration of the pain will be critical factors in the level of award that is made. This pain can relate to the injuries that were sustained directly as a result of the accident or medical treatment/complications that follow.

The court will usually look towards the Judicial Studies Board (JSB) Guidelines and case law for similar injuries to assess general damages for PSLA.

Another significant award is for handicap on the open labour market, otherwise known as a Smith v Manchester Award.

Past pecuniary losses & expenses are all of the items of special damages that have been incurred up to the end of the trial or date of settlement. Typical claims are for loss of earnings , care, medical expenses, travelling and equipment expenses.

The assessment of the claim for past loss of earnings begins with the actual income which was being received at the time of the accident net of tax, National Insurance and any pension contributions (usually assessed by reference to 13 weeks earning details/wage slips).

Finality: The courts use as their starting point the aim of achieving finality in determining issues between parties, and thus not leaving cases ‘open ended’. A settlement is in full and final settlement and cannot be re-opened. Since 2005 , however, periodical payments orders for heads of future pecuniary loss have been introduced.

A claimant is entitled to recover 100% of his loss, but no more. In ordinary circumstances double recovery is not permitted. For example, a claimant is entitled to claim the cost of private medical treatment and does not have to resort to the public NHS provision. However, if in fact a claimant has obtained free medical treatment on the NHS he has to that extent not suffered any loss and may not recover the notional costs of the treatment.

A claimant bears a general responsibility to act reasonably to limit the loss he has suffered and will suffer. This includes a general obligation to co-operate with treating doctors, and to return to work as soon as he is able.

Get in touch with an expert Derby personal injury lawyers by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .

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