Leg Injury Claim in Aberdeenshire
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A leg injury obviously has major consequences for our ability to go through normal, everyday life. Walking to the shops or visiting neighbours becomes difficult, taking longer to do and possibly being painful as well. Simple tasks at work such as getting to the photocopier or going to meetings can be a major trial. Treatment and recovery from leg injury can be prolonged, and while it is going on you may find you incur extra travelling costs (taxis to places you would normally walk to) and need special assistance.
How much compensation can I get for a leg injury?
For a broken leg, £5,000 to £20,000 depending on the nature of the break, degree of incapacity and length of recovery.
Amputation of a leg. £50,000 to £70,000 for the injury, with the possibility of an additional award for financial loss such as inability to work or employment of a carer.
More specific details for foot and knee injury are given elsewhere on this site.
Damages Award for Injury in Aberdeenshire
How are damages for injury arrived at?
An award of damages for injury consists of two parts. The most immediately obvious effects of your injury are covered by damages for “General Damages”. This part of your compensation award covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your damages will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your award involves financial loss or additional costs. Under this heading will come damages for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for being awarded damages?
If you are to win damages, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be awarded damages.
Will a pre-existing condition reduce my damages award?
On the contrary, any award for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.