Compensation

Compensation has ever been integral to civil claims at common law, even before Magna Carta. The essence of compensation is the payment of reparation to an injured party to restore him or her to the same condition as before the injury. The difficulty, of course, is determining how money can possibly achieve this end. In consequence a complex body of law has evolved around determining the quantum, or amount, of financial compensation that should be paid to injured parties filing accident claims.

Although the question of compensation is primarily determined by common law, in other jurisdictions (notably Australia for example) the amount of compensation for various injuries is now largely set out in statutes. In the UK the operation of common law is also modified by the Compensation Act 2006 which makes provision for the amount of damages which may be awarded in mesothelioma claims and, in general, regulates the provision of accident compensation claims management services.

Whilst compensation falls under the general head of damages claims at common law, the body of case law governing damages for accident claims has evolved substantially to cover the full range of actions for negligence. In particular, precedent governs whiplash compensation, motor accident claims and work accident claims. Other strands of authority help courts determine the quantum of damages for wrongful death claims which provide compensation to widows and dependents of a person killed by a fatal accident.

Principles of compensation

In general an injured party may seek compensation under the following heads of damages. General damages compensate the injured party for:
 

• Loss of income (and loss of future income); and
• Pain and suffering

Special damages provide compensation for the financial loss flowing from an accident such as medical expenses, travel costs, modifications to homes (e.g., for  wheelchair access), and the provision of care for a severely injured person.

How to claim compensation

Recognising the complexity of the law surrounding compensation suggests the UK Lawyers Network has published a number of guides which further explain how to claim compensation and the kinds of accidents eligible for compensation. The other crucial question when considering bringing a compensation claim is how much compensation your injury warrants. If you are considering bringing a compensation claim them you may find our compensation claims guide to be helpful.

A lot of public comment has given rise to discussion about the so-called “compensation culture” which, it is said, is increasing in Britain. Newspaper articles condemn ridiculous compensation payouts and government committees have been established to investigate the issues such as the Better Regulations Taskforce. As a result, you may feel reluctant to claim compensation at all. In fact, the UK has a relatively low rate of accident claims filed compared to the number of work and road accidents reported to the NHS. This suggests that a large number of potential compensation claims are never filed.

Looking for more information?

Workers Compensation Claims
Accident Compensation Claims
Holiday Illness Claims
Medical Negligence Compensation
Compensation Claims Whiplash