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Loss of Amenity in Personal Injury Claims

“Loss of Amenity” in personal injury claims is a legal term which refers to the impact an injury has made to your quality of life. It relates to the negative effect your personal injury has had on non-financial aspects of your life such as work, social and domestic lifestyle, and the changes you have had to make to each one. It can be quite a significant part of a claim where children or parents of young children are involved.

Examples include:-

  • A mechanic who can no longer enjoy watching television or listening to music after sustaining a loss of hearing injury from working in a loud environment.
  • A teenager who can no longer write with their primary hand after losing the use of an index finger in an accident at school.
  • A recreational sportsman or woman who is injured in a slip and fall accident and can no longer participate in their chosen sport.
  • A mother who suffers a whiplash injury and can no longer aid her children in preparing for non-academic school events such as sports days and nativity plays.

None of the above injuries are life-threatening and they may not even be permanent, but still qualify for a loss of amenity claim. This part of compensation in a personal injury claim reflects the ‘inconvenience of incapacity’ or, in other terms, the enjoyment of life that has been lost due to a lack of care by a negligent party.

Calculating Loss of Amenity in Personal Injury Claims

When calculating the compensation a claimant may be entitled to for a loss of amenity, the solicitor will first establish the pre-accident lifestyle of the victim and then compare it to the quality of life experienced by the claimant after the accident.

Your solicitor may seek to speak with family members, friends and work colleagues as well as look at family photos in order to build an accurate portrait of your life. It is also advised that you should keep a diary of the occasions where you have been prevented from leading a full and active life by your injury.

Seeking Further Information

The Judicial Studies Board publishes guidelines on what can be considered loss of amenity in personal injury claims that includes loss of amenity and, if you are seeking further information about this element of a compensation claim, you should discuss the specific nature of your injury and the effect it has had on your quality of life with a personal injury solicitor.