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Calculating Compensation
'Quantum' is lawyers' jargon for the amount of compensation which is appropriate in a particular case. It is divided into two distinct parts:
Financial losses incurred up to the date of the trial are called Special Damages. Special Damages carry interest.
Financial losses from trial onwards, and also damages for pain, suffering and loss of amenity, are called General Damages. General damages for pain, suffering and loss of amenity carry interest at a low rate.
The object of the law is to pay the injured person fully for all financial loss and expense, and to do its best to compensate financially for the pain, suffering and loss of amenity caused by the injury.
Putting together a claim for a person who has suffered a serious injury to the brain or spine is a highly specialised technique and claimants and their families should make sure that everything possible is done to claim for every loss and expense. Careful, reasonable presentation of a claim will make it easier for the insurance company to check the figures and reach an early agreement.
Substantial claims involving serious injury traditionally take an awfully long time to come to court or settlement and claimants can find the legal process intolerably slow and sometimes unsympathetic. Eventually, some are worn down and settle their claims for far less than their full value. A good legal team experienced in serious injury will make sure that their clients are not under-compensated.
