What can I claim?

The usual heads of claim in personal injury actions are listed below, but this list is not exhaustive.

  • Damages for pain and suffering (in Scotland this is known as solatium)
  • Loss of earnings Loss of future earnings including pension rights
  • Compensation for losing out on social and sporting activities
  • Loss of property (for example, a car or bicycle)
  • Any cost of assistance with care (for example, housework or personal care)

The general rule is that the court will attempt to put you in the position they would be in had it not been for the accident. This often involves some speculation. For example, it is often very difficult to estimate future earnings if someone suffers a disability at a young age. Often, reference is made to detailed actuarial tables.