PERSONAL

Personal Injury Damages

These are made up of various aspects.

General Damages for pain, suffering and loss of amenity
This is the amount to compensate the injury itself and also any inability, for example to carry on a particular sporting or leisure activity. Each case is assessed on its merits, essentially depending on the severity of the injury and the age of the injured person. Whilst some awards are substantial, such sums are not always the most significant part of the overall claim for damages.

Loss of Earnings
In cases of serious injury awards in respect of loss of earnings both in the past and as to the future are highly significant. Our firm is fully aware of the potential for financial hardship and interim payments are sought where appropriate.

Other significant elements of loss include:

• Medical expenses
• Damage to property (including vehicle damage)
• Cost of providing care/assistance to the injured person (whether personal care or help around the home or in the garden)
• Items of equipment to assist with disability
• Housing adaptations

Once damages are obtained Fletcher & Lawson, with the assistance of external financial planners, can advise how best to preserve and enhance such damages which are normally ordered as a lump sum. In addition the firm can advise on the drafting of wills to ensure that damages recovered are disposed of properly and appropriately after one's death.

As an alternative to a lump sum award, structured settlement might be considered. In the simplest of terms this involves the purchase of a yearly income (an annuity) by utilising, normally a substantial part of the lump sum awarded. These are most appropriate for injuries of maximum severity although can be considered in more modest awards.