What can I claim if injured in a cycling accident or motorcycle accident?
If you have been involved in a motorcycle or cycling accident which was caused by someone else’s negligence, you may be entitled to claim compensation. The parties will attempt to agree financial compensation in your accident compensation claim. This is known as damages.
There are two types of damages which are claimed – general damages and special damages.
This award of compensation relates to your personal injury and is known as pain, suffering and loss of amenity. Loss of amenity is the effect your injury has had on your quality of life.
The amount of general damages claimed will depend on the extent of your pain, suffering and loss of amenity. There are judicial guidelines which set the amount of general damages which can be claimed and these, together with previous reported cases relating to similar injuries, are relied upon when making a claim for general damages in your motorcycle or cycling accident compensation claim.
This is an award to put you back in the financial position that you would have been in had you not been involved in the accident and sustained the loss. They are widely 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 expenses you may incur in the future.
They are categorised as various “heads of claim” as follows:
- Loss of earnings – this includes lost earnings already incurred (past loss of earnings) but if you cannot return to work as a result of your injuries, future loss of earnings can also be claimed.
- Treatment & rehabilitation costs – this covers the cost of any treatment and rehabilitation that you have already incurred and also any that you may need in the future.
- Cost of care – you are also able to claim the cost of any care given to you whether you pay privately for the care or whether a family member of friend cares for you. The money is claimed within your compensation claim and then, in theory, the costs are then passed onto your carer.
- Aids, equipment and adaptations – this covers aids and equipment which are required now and in the future. It also covers any necessary adaptations that you may require to your house, for example, having doors widened for wheelchair use and, in serious cases, where adaptations are not possible in a property, it will also cover the cost of a new home.
- Loss of property – this covers any loss of property which has incurred as a result of an accident, for example, a damaged helmet and clothing caused in a bicycle or motorcycle road traffic accident.
- Travel expenses – this covers any additional travel expenses which you have incurred as a direct result of the incident. For example, if you have had to get taxis to various medical appointments. If you or a family member have driven you to the appointment then it is possible to claim the cost of mileage.
Goodge Law are personal injury and medical negligence lawyers and can be contacted for a no-obligation phone consultation. I am a personal injury and medical negligence solicitor and an expert in securing compensation for people who have been injured in a cycling accident, motorcycle accident, and during the course of medical treatments.
I work on a no win-no fee basis so you will never have to fund any part of your claim. To start your claim, click here.