Loss of amenity refers to the impact an injury has on an accident victim’s quality of life. It is a component of personal injury compensation which serves as compensation for the inability to participate in activities, and disruption to a claimant’s work and social life. It represents the non-financial impact an injury has had on a claimant’s life, and can be an especially pertinent component of compensation claims involving young children and elderly people.
Here are some examples of loss of amenity in personal injury compensation claims:-
- A mechanic who suffers damage to their hearing and is no longer able to play gigs with their band
- A youth who lost the use of a hand in an accident at school and is no longer able to converse with their friends via texting or social media
- A sportsperson who is no longer able to participate in events due to injuring their leg during a fall at the supermarket
- A mother who sustains a whiplash injury and is no longer able to support her children in extra-curricular school activities like plays and sports events
None of the scenarios above refer to a life-threatening injury, and it is worth noting that it is not necessary for potentially fatal or seriously debilitating injury to have occurred for loss of amenity compensation to be awarded. Loss of amenity is a financial manifestation of a person’s inability to perform certain activities and serves as compensation for the inability to participate.
How to Measure Compensation for the Inability to Participate
In order to ascertain how much loss of amenity personal injury compensation you are eligible to receive for your injuries, a solicitor will first have to establish what sort of a pre-accident lifestyle you led and compare it with your lifestyle after the injury. In order to ensure that their evaluation of your lifestyle is accurate, a solicitor may speak with your friends, family members and work colleagues. They may also request access to photo albums. In order to ensure that you receive your full entitlement of loss of amenity personal injury compensation, you should keep a diary of your life after the injury, highlighting instances in which your injury has prevented you from participating in activities in which you would normally take part.
Loss of Amenity in Personal Injury Compensation Settlements
Guidelines as to how much compensation for the inability to participate in activities can be awarded to a claimant have been published by the Judicial College (formerly the Judicial Studies Board). For more information about loss of amenity as a component of personal injury compensation claims, speak with a personal injury compensation solicitor.