Compensation payments are split into two parts, general damages and special damages. General damages are awarded solely based on the injury you suffered, and your prognosis. Special damages cover everything else, including long term care costs, financial support for dependants and lost earnings.
In catastrophic brain injuries, depending on the circumstances of an accident and other factors such as the age of the victim and whether they have any children, special damages can be many times more than the general damages, as they are meant to be a financial provision for the rest of your life. It is the special damages figures that typically make the headlines when multi-million pound compensation claims are decided, even though the general damages in such cases may be comparatively small.
It is not just the victim of a brain damage injury that suffers. Their family will also have to adapt to cope with the repercussions. If the injured person is well enough to be cared for at home, this may involve making substantial modifications to their home, such as access ramps, special bathing facilities, and extra space to house the various pieces of medical equipment that may be needed as part of their care. In exceptional circumstances a court may approve a compensation settlement that covers the cost of moving to a home that is more suitable for looking after the injured person.
The costs of round the clock care will also have to met, in the most serious cases a team of specialist carers will need to be present 24 hours a day to look after the injured person. Where injuries are less serious, there may still be a requirement for care in the weeks after the accident, as the injured person may need help with basic tasks, such as dressing themselves, and preparing meals.
Where a brain damaged person provided the main income in a family, then special damages will also cover the loss of that person's earnings so that his or her family does not suffer financial hardship. Extra provision will also be made by a court where an injured person has dependent children under the age of 18, to ensure the costs of their care are met. This includes fees for childminding, schooling amongst others.
Camps Solicitors provide expert legal advice for the victims of accidents and personal injuries, helping them to claim compensation on a No Win No Fee basis. Our accident claims solicitors fight for compensation for accident victims who have been injured through no fault of their own.
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