9 September, 2022
When you have been injured because of someone else's negligence, you may be entitled to claim compensation for damages.
There are two types of damages which are claimed: general damages and special damages.
1. General Damages:
The first aspect of a compensation claim is the calculation of general damages. This award of compensation relates directly to the injury and covers pain and suffering as well as loss of amenity - meaning any effect that your injury has had on your quality of life.
The amount that can be claimed as general damages will depend on the extent of your pain, suffering and loss of amenity.
In the Cayman Islands, the value of the claim for general damages is calculated in three ways:
i. Assessment by the Court;
ii. Consideration of the Judicial Guidelines from the U.K.; and
iii. Comparison against previously decided cases relating to similar injuries.
2. Special Damages:
Special damages are designed to help put you back in the financial position that you would have been in, had you not sustained your injury.
They are commonly referred to as 'out of pocket expenses' and cover not only expenses that you have already incurred as a result of your injury, but also any expense you may have in the future.
These can include:
When will you receive your compensation?
Once your general damages and special damages have been agreed between the parties involved, or determined by the Court, you will receive your final settlement payment.
In some cases when claiming for damages where the other side has accepted responsibility for your injuries, but your recovery is ongoing, you may be entitled to interim payments. These are payments which are paid to you before the final settlement.
Interim payments are designed to help people who have been seriously injured as a result of personal injury and who need financial assistance to pay for medical care, lost earnings, and other out of pocket expenses. These payments are considered when calculating your final settlement.
How much is my serious injury claim worth?
Every injury claim is different. The final amount of compensation depends on the severity of the injury and loss, as well as the possible extent of recovery. These factors affect the amounts for general and special damages.
Our expertise is not just in getting compensation for our clients, it is understanding the need for rehabilitation and the support that you and your family need. That is why we take most injury cases on a ‘NO WIN - NO FEE’ BASIS, and why obtaining interim payments to help avoid hardship is often a key part of our approach.
Contact Recover today for a free consultation.
Recover Personal Injury Attorneys
A Division of Broadhurst LLC