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What Can Be Claimed
If you have suffered injury as a result of the negligence of another you are able to claim damages or compensation. That compensation may include:
Pain and Suffering
Pain and suffering relates to the pain and difficulties you have suffered as a result of the injury. It includes the pain associated with the injury and any treatment such as surgery. It also includes suffering such as your inability to play sport, perform your old job, perform those activities you did before the accident and the stress related to the accident. The pain and suffering is demonstrated by comparing how your life was from before the accident to what it is like since the accident and the impact the accident has had on your life.
Loss of Income
Often after an accident you may not be able to return to work for a period of time and in some cases not at all. As a result you will suffer a loss of wages due to being unable to return to work. At other times you may be fit to return to work but in restricted or limited duties. In these circumstances you would be able to make a claim for loss of income as a result of the injuries suffered in the accident.
For further information regarding any claim for loss of income or economic loss you should contact ISN or your solicitor who can provide you with further information.
After you have suffered injury you will often find that you will, as a result of your injuries, require treatment. That may include:
When you have suffered injury there may be circumstances where you are unable to perform work around the house such as household cleaning duties or you are unable to maintain the garden or the lawns. Often, it is the same limitations and restrictions that would prevent someone performing their work duties that would prevent them from performing their domestic duties provided those restrictions are related to the injury from the motor vehicle accident.
Gratuitous care will often be performed by people who want to help you and simply provide that service for free. Often that care will be provided by family or friends. In those circumstances, the law says that if the level of care is at least six hours per week for at least six months then you are able to claim for that care from the insurer. There are set amounts that are able to be claimed. Gratuitous care can be claimed in the past and also into the future. For details on the amounts claimed contact ISN or your solicitor.
Paid Care is care which you have paid for such as to have the gardens done, lawn mowed or for someone to come in from an agency to have the house cleaned. In those circumstances you are entitled to claim for the money spent on those services. The claim for paid care is again payable in the past and also into the future. In the past it is claimed on the basis of what has been paid. In the future it is claimed on the basis of what is a reasonable commercial rate. The claim for care into the future is payable only after there is sufficient evidence to justify that claim.
For further information regarding paid or gratuitous care contact ISN or your solicitor.