Loss is proved by establishing the fact of injury or damage to personal property.
Injuries are proved by obtaining a medical report from a medical expert who will describe your injuries in detail. The amount of compensation to which you are entitled for your injuries will be assessed on the basis of expert medical opinion.
Such awards for compensation, specifically for your injury, pain, suffering and loss of amenity are referred to by lawyers as "General Damages."
Other losses can result from an accident and are known a "consequential loss" or "Special Damages", for example:
- Loss of Earnings - This is commonly a complicated and technical area. Any lost wages, bonuses, shift allowances or overtime can be claimed with proof such as wage slips and/or written confirmation from your employer. State benefits received as a result of the accident must also be claimed and repaid if the claim is successful.
- Care by a professional or family member. In both instances costs of past care and future care can be recovered. The best thing to do after an accident is to keep a diary detailing who has done what for you and the time and cost involved, if appropriate.
- Damage to Property can be claimed. You are entitled to the cost of repairs to your cycle if damaged, to the value of the cycle at the time of the accident if it is beyond economic repair. The value of your ruined clothing, lost or damaged jewellery and damaged spectacles can be claimed, however it is very important to note that you must prove your loss. Receipts and/or estimates for repair or replacement are essential for every item claimed.
