Am I missing out on compensation?
I had an accident in September 2016 and have just had the updated report from the orthopaedic surgeon as instructed by my solicitor. I now have a final prognosis for my fractures and other than scarring and some sensitivity in the cold, I should be fine. I am back at work and he said my employment won’t be affected. I had several broken bones, psychological issues, scarring and soft tissue damage. My solicitor has explained that
I will receive compensation for the injuries, but I don’t understand why I am not being compensated for all of the injuries rather than just a sum for all of them. Am I missing out on compensation?
Darren Hayes, email
ACases involving multiple injuries are more complicated to value than cases involving one injury. This is because the compensation comprises of damages for pain, suffering and loss of amenity. The pain element is often shared across various injuries and not actually greater than the pain experienced from just one injury. Likewise, the pain from one injury may be excruciating as opposed to moderate pain from another. The loss of amenity could be very different. For example, if you have one arm broken then you can still carry out many tasks. But, if both arms are broken you will be unable to do anything. The key here is experience of valuing claims like this because these valuations are an art rather than a science.
‘Valuing this claim is an art rather than a science’