Compensation is awarded for “pain, suffering and loss of amenity”, which has occurred in the past and which is likely to occur in the future. Loss of amenity is the reduction in the ability of the Claimant to perform everyday tasks, enjoy life and follow hobbies and interests.
Compensation is assessed by reference to guidelines of the Judicial Studies Board and by reference to decided cases which set a bracket or range of awards for specific types of injury. This type of compensation is known as general damages, and to be assessed properly requires a detailed statement from a client and medical evidence from one or more medical specialities.
For cases where a no win no fee agreement was signed on or after the 1st April 2013 compensation for pain and suffering is increased by 10% to act as a rough and ready recompense for such claimants losing part of their compensation in the payment of certain legal fees which they can no longer recover from the opponent.