Advice On What Is Loss of Amenity Compensation In Personal Injury Claims?

When you make a successful personal injury claim, you will be awarded compensation. In general, you may be awarded a combination of general damages for your pain and suffering and special damages for financial losses. You may also be awarded loss of amenity compensation.

In this guide we discuss what loss of amenity compensation is. We also look at when and how you could claim compensation for loss of amenity. We look at how you prove loss of amenity and how it is calculated. We also look at how a No Win No Fee solicitor could help you.

For more information on how personal injury compensation claims are calculated, please contact our team. A team member can also evaluate your case and advised you on what might be included in a settlement should you make a successful personal injury claim.

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What Is Loss of Amenity?

Loss of amenity is a type of compensation which reflects the financial value of any loss of enjoyment your injuries have caused. It is designed to compensate you for the impact the injury or injuries have had on your way of life.

The general purpose of these damages is to compensate you for losing the ability to participate in activities such as hobbies or leisure pursuits. This may be during your recovery, or permanently in some instances.

To seek compensation for loss of amenity, please contact our team today.

What Are Examples of Loss of Amenity?

What you may be awarded for loss of amenity when making a personal injury claim will be unique to your case. This means that whilst we can provide examples of what may be awarded, our list of examples is not exhaustive. Examples may include;

  • Where you are no longer able to participate in a sporting activity you previously did. This may include going to the gym to exercise, participating in exercise classes or being part of a sports team.
  • If you can not walk unaided during or after your recovery where you could before.
  • Where you can no longer enjoy concerts or the theatre due to hearing loss.
  •  Where a child can not participate in games with other children due to a broken hand or wrist.

Remember, you could also claim for loss of earnings and other damages as part of your claim. To see if you can claim loss of amenity compensation, contact us for free using the above details.

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Can I Claim Loss of Amenity Compensation?

If you have been injured in an accident that was not your fault, resulting in loss of amenity, you may be eligible to claim loss of amenity compensation. However, you must meet the following eligibility criteria:

  • A third party must have owed you a duty of care 
  • The third party must have acted negligently, breaching this duty 
  • This must have resulted in your injuries and loss of amenity 

A duty of care is a legal obligation imposed on specific individuals who must take reasonable steps to ensure the health and safety of those in their care. Failure to do so would breach their duty of care and may result in accidents, injuries and subsequently loss of amenity. 

Below are examples of when you are owed a duty of care and how a breach of this duty may result in injuries and loss of amenities. 

  • All employers must take reasonable and practicable steps to ensure the health and safety of their employees. Therefore, they must adhere to the Health and Safety at Work etc Act 1974. 
  • Anyone in control of a public place has a duty to ensure those who visit are reasonably safe. In doing so, they must adhere to the Occupier’s Liability Act 1957.
  • All road users have a duty to use the roads safely and reasonably to ensure the safety of other road users. Therefore, they must adhere to the provisions of the Road Traffic Act 1988 and the Highway Code. 

If you sustained injuries after a third party breached their duty of care, you may also have suffered from a loss of amenity. If this happens to you, you may be eligible to claim compensation for the activities you can no longer enjoy. 

Get in touch with our helpful advisors today to find out if you are eligible to claim loss of amenity compensation.

How Can Loss of Amenity Be Proven?

An important part of the claims process is being able to prove your personal injury claim. Using documents such as bank statements (showing loss of earnings) and medical reports, you need to show how you have been harmed and liability for your injuries. Additionally, if you are claiming loss of amenity compensation, you will need to prove what activities you are no longer able to pursue.

Evidence which you could use when claiming compensation could include;

  • Medical records, including any medical reports, setting out your injuries and what treatment you required. This can also help to show the medical reason you can no longer participate in an activity.
  • Witness contact information. Later into the personal injury claims process, witnesses can provide a statement. They could detail how you have been impacted and whether or not you have participated in certain activities that you used to enjoy.
  • A diary in which you record how the injury has impacted you. This might include information on what hobbies or activities you have been unable to participate in. Tracking this information over time can help to build a picture of the overall loss of amenity.
  • Photo or video evidence which shows you participating in the activity or hobby prior to the accident.

A personal injury solicitor could help you obtain a copy of your medical records from the NHS and to make a claim. To learn more about loss of amenity compensation claims, contact us today.

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How Is Loss of Amenity Compensation Calculated?

There are different ways in which different components of personal injury claims may be calculated. To calculate how much may be awarded for a specific injury (such as hand injuries), a solicitor or other party helping to value your claim may refer to the Judicial College Guidelines. When looking at how special damages are calculated, copies of invoices or receipts can be used.

When looking at how loss of amenity is calculated, there is not a specific formula which may be used. A personal injury solicitor will look at and compare your overall quality of life before and after the accident. When putting a financial value on the difference between the two, personal injury solicitors may refer to previous cases. They may also take your life expectancy and age into account.

For more information on how loss of amenity compensation is calculated and how to calculate compensation payouts, talk to our team.

Claim Personal Injury Compensation On A No Win No Fee Basis

You may like to have a solicitor to guide you through the claims process and ensure that your claim is accurately valued. If you satisfy the eligibility requirements, No Win No Fee solicitor from our panel could help you to claim compensation for loss of amenity.

Using a Conditional Fee Agreement, they could help people make claims without the need to make a payment unless and until you win your claim. Making a claim with a No Win No Fee means that you can do so safely in the knowledge there are no surprise legal bills. However, if your claim outcome is successful, they will take a success fee from the compensation awarded to you. This amount is a restricted percentage subject to a legal cap.

For help with loss of amenity compensation claims, please contact our team.

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Resources About Personal Injury Claims

Below we have included further resources which may be relevant when you are seeking loss of amenity compensation as part of a personal injury claim.

Learn more in these additional resources

Thank you for reading our guide to loss of amenity compensation. For more information on how the claims process works, please contact our team.