What are the time limits for bringing a claim?
In this country, you have three years from the date of an accident in which to bring a claim for damages for personal injuries. There are some exceptions to this, for example, if the claimant is under 18 years of age, or if the claimant does not have mental capacity to deal with his or her affairs. The general rule is that you have to issue proceedings when making a claim for personal injuries by the third anniversary of the accident.

How does the court assess my compensation?
The court’s aim, when considering the value of a claim and the compensation to be awarded, is to restore the claimant to the position he or she would have been in had it not been for the accident or the negligence of the defendant.

When assessing damages, the court will consider the following:

Your general damages: These are the damages you will be awarded for your actual injuries and your pain, suffering and loss of amenity (i.e. being unable to do things that you previously used to enjoy). Awards for general damages are worked out by referring to previously decided cases. The Judicial Studies Board Guidlines for the Assessment of General Damages in Personal Injury Cases (known as the JSB Guidelines) detail levels of awards made for different types of injuries, including different types of head injury (i.e. very severe, moderate brain damage and minor brain damage).

Your Special Damages: These are the financial losses you have incurred purely as a result of the accident. This includes expenditure such as:

• Loss of earnings;
• Treatment costs;
• Aids and equipment required as a result of your injuries;
• Care expenses (by family members and professional carers);
• Transport costs. 

Financial losses may include both past and anticipated future costs.

When assessing compensation, the court will take into consideration whether a claimant has taken steps to mitigate his or her losses, as it is the duty of the claimant to reduce their damage or loss where appropriate. The court will only award compensation in successful claims to allow the cost of reasonably incurred expenses. Therefore, it is recommended that you discuss with your solicitor any items of unusual nature or expenditure.  You should keep receipts for all items of expenditure.