When damages are awarded in personal injury claims, they will usually consist of general damages to compensate you for any pain and suffering you’ve endured, special damages to compensate for any costs you’ve incurred because of your injuries and compensation for loss of amenity.
Loss of amenity is used to place a financial value on any loss of enjoyment that is caused by your injuries. It could be claimed if an injury caused by somebody else means that you can’t participate in your usual hobbies or if your social life is affected.
Examples of loss of amenity
It’s important to note that no two personal injury claims are the same. As such, what might be claimed as loss of amenity in one case might not be relevant in others. To give you some idea of what you could claim for loss of amenity, we’ve listed a few examples below:
- If a child can’t play on their games console with friends because of a broken wrist.
- If an avid hiker cannot participate in walks because of ligament damage after being knocked off of a bicycle.
- Where a student can’t visit nightclubs while recovering from whiplash.
- A Sunday league footballer who can’t play anymore because their toes were amputated in an accident at work.
- Where a music fan can’t attend gigs after sustained hearing loss because of excessive noise at work and a lack of protection.
- Where an office worker can’t enjoy baking cakes with their granddaughter because of arthritis caused by a repetitive strain injury.
As you can see, loss of amenity is not claimed to cover the injury itself. Instead, it is claimed if your injuries have a detrimental effect on things you used to enjoy doing. Importantly, you can claim compensation for loss of enjoyment if your injuries prevent you from doing something either permanently or temporarily.
When can compensation for loss of amenity be claimed?
Compensation for loss of amenity could be claimed if you have been injured in an accident or incident caused by somebody else’s negligence. Usually, any type of personal injury claim or medical negligence claim could include loss of amenity. As such, it could be claimed in:
- Accident at work claims.
- Slip and trip claims.
- Public place accident claims.
- Cosmetic surgery negligence claims.
- Sporting injury claims.
- Holiday accident claims.
- Road traffic accident claims.
So long as you can show how your injuries have had a negative effect on your quality of life, loss of amenity could be claimed.
How do I prove loss of amenity?
When claiming compensation for loss of amenity, you must supply evidence to explain the amount you are claiming. For your injuries, that can be done by providing x-rays or medical records. Similarly, to prove how the accident occurred you could use witness statements or CCTV footage. But as loss of amenity is less tangible, what sort of evidence could you supply? Here are some examples:
- Witness statements. Your solicitor might ask friends, family or colleagues to provide a statement about how you’ve missed out because of your injuries. They might ask them to confirm events or activities you’d participated in previously.
- Old photographs or videos. If your claim is based on the fact you cannot play in a band because of your injuries, for example, it would be a good idea to show the defendant photographs or videos of you doing so.
- A diary. When you sit down and try to explain how you’ve been affected, it can be quite difficult to remember everything. As such, it’s advisable to start a diary if you decide to make a claim. In your diary, you should record the dates when you weren’t able to participate in your hobbies, when you had to avoid family events and any social invitations you had to turn down.
Any evidence you can supply can make it easier to prove any loss of amenity. In turn, it could help to ensure you are compensated appropriately.
How is loss of amenity calculated?
If you’ve broken an arm, solicitors can refer to guidelines to estimate how much compensation you should be awarded. However, loss of amenity affects claimants differently. That means there aren’t any formulas or data tables that can help to calculate the right level of compensation. Your solicitor will need to look at your quality of life before the accident and again after. They may refer to previous cases to try to put a value on your loss of amenity. One factor that might be important is your age and life expectancy.
Another factor is how long your injury will affect your quality of life. For example, if a teenager is knocked off their bike and their injuries mean they won’t ever be able to play football again, their loss of amenity will be greater than somebody who is expected to recover within a few months.
Claiming compensation for loss of amenity
As you can see, claiming compensation for loss of amenity can be problematic. To be compensated at the right level, you’ll need to convince the defendant’s insurer how your injuries have had a detrimental effect on your life.
If you can’t do so, you might be offered a low settlement figure or you might not receive compensation at all. We believe you’ll have a better chance of winning your case if you take on specialist legal representation.
If you’d like to see if one of our personal injury solicitors could help you, why not call today on 0800 652 1345? Your claim will be reviewed on a no-obligation basis but if it is accepted, your solicitor will represent you on a No Win No Fee basis.
Thanks for reading this article about loss of amenity compensation, and if you have any additional questions, please use live chat to get in touch.