What type of damages will I get?
There are generally two types of damages associated with personal injuries cases and those general damages and special damages.
General damages are intended to compensate a person for pain and suffering resulting from the injuries sustained from the accident.
The Injuries Board works from a book of quantum which outlines the type of damages which a particular injury might yield. On the Injuries Board website there is also an estimator which essentially contains an online version of the booklet of quantum.
General damages will compensate you for the following types of suffering:
- General pain and suffering and inconvenience
- Loss of life expectancy
- Loss of amenity
- Loss of consortium (compensation for sexual dysfunction/loss of a partner or spouse due to an accident)
Compensation for pain and suffering would include compensation for a physical injury and the pain associated with that injury. It would also include factors such as lack of enjoyment of life and psychological and psychiatric illness and symptoms in respect of the accident.
General damages are normally divided in to two categories as follows:
- A Court or the Injuries Board will take in to account the pain and suffering of a person to date
- The Court will take in to account the pain and suffering of a person in to the future
A person will incur special damages and will have an entitlement to special damages where they have incurred certain losses as a result of the accident which can be vouched and proved such as medical costs, prescription costs, payment of medical report, hospital bills and fees, loss of earnings and any other relevant out of pocket expenses in connection with the accident or injury.
Claims for special damages are generally made on the basis of expenses which are out of pocket expenses incurred to date and it would also take in to account future expenses which would be incurred by the injured party into the future.
In the case of persons who are self-employed as opposed to people who are employees, loss of earnings can be calculated based upon their annual accounts.
Future loss of earnings
In relation to future loss of earnings those would need to be calculated by an actuary who would be employed by your Solicitor to carry out an estimate of your future loss of earnings by using various formulas.
When do I receive my compensation?
You will be paid as soon as possible after your case settles. Your Solicitor will discuss with you the settlement terms and will advise when you should expect to receive payment.
Generally speaking Solicitors would put an onus on the defendant’s Solicitor to pay you within a certain timeframe after the settlement of the claim.
Sometimes a payment date might be later depending on the circumstances of the case but generally speaking the payment is made within a week or two of settling any claim.