By Cat Troi. Last updated 3rd May 2022. Welcome to our guide on claiming for loss of amenity caused by an accident and injury that wasn’t your fault. In the sections below, we explain what is meant by loss of amenity and how we could help you claim the maximum possible settlement if you’ve been injured in an accident that wasn’t your fault.
The meaning of the loss of amenity seems simple. It is the loss or reduction of your physical or psychological capacity to do things you used to do. Compensation can be awarded for the impact an injury has had on your everyday family, work and social life.
Loss Of Amenity Pain And Suffering
Personal injury compensation usually consists of two parts: general damages and special damages.
General damages offer compensation for the injury itself and how it’s affected you mentally and physically. On the other hand, special damages offer compensation for the financial impact the injury has had on you.
Before reading this guide, you may have some questions such as:
- In personal injury claims, what does a loss of amenity mean?
- What is compensation for loss of future earnings?
- What is loss of enjoyment?
- What are some potential pain and suffering settlement examples?
This article will answer these questions and explore the meaning of ‘loss of amenity’ to ensure you have as much knowledge as possible. Our advisers are on hand 24/7 to offer free legal advice and to discuss your case.
You can get in touch with our friendly team of advisers by:
- Calling them on 0800 073 8801 to have a chat about your case.
- Filling in our claim form online to receive a response whenever is best for you.
- Having a chat with one of our advisers through our live chat pop-up box for a reply straight away.
Select A Section
- A Guide On Loss Of Amenity Meaning In Personal Injury Claims
- What Does Loss Of Amenity Mean In An Injury Claim?
- Examples Of Loss Of Amenity, Pain And Suffering
- Maximising Damages Paid For Loss Of Amenity
- Are There Other Types Of Special Damages?
- How Is Loss Of Amenity Calculated?
- How Much Is My Injury Worth?
- No Win No Fee Claims For Loss Of Amenity
- Start Your Claim For Loss Of Amenity
- FAQs About Loss Of Amenity Meaning
Firstly, this guide will look at the meaning of the loss of amenity and examples of loss of amenity, pain and suffering. Next, it’ll discuss maximising damages and what special damages are.
There will then be sections about how loss of amenity is calculated and some pain and suffering settlement examples. Furthermore, the article will explore what a No Win No Fee claim is and how our personal injury solicitors work on this basis.
Additionally, there’ll be some further guides to offer as much guidance and information about claiming as possible. There will also be some FAQs to answer further questions you may have had in mind.
Loss of amenity can make up part of the personal injury compensation. It is, essentially, the loss or reduction of your physical or psychological capacity to do things you used to do.
It falls under one of two heads of claim: general damages. General damages compensate you for the physical and mental pain and suffering you endure due to an accident that wasn’t your fault.
You may receive compensation for loss of amenity if your injury has changed your lifestyle. For example, if you can’t partake in the same hobbies you used to or your everyday activities are impacted.
Your injury may have forced you to stop socialising and attending work, which may have been parts of life you previously enjoyed. Loss of amenity takes into account that being off work doesn’t just affect you financially, but socially too.
Loss of amenity includes any claimant who’s unable to have the same quality of life they did before the accident that wasn’t their fault. Here are some examples:
- A teacher who injured their hand or finger due to someone else’s negligence and can no longer play a musical instrument as they regularly did.
- A recreational footballer who can’t play football as a hobby anymore as they suffered a leg injury in a car accident.
- A factory worker who lost their hearing due to not being offered the necessary ear protection and now can’t listen to music or have conversations with their family.
These are just a few examples of the meaning of loss of amenity. You can contact our advisers to discuss this further and talk about your particular situation.
In order to receive the most loss of amenity compensation that you’re entitled to, it’s recommended you make a note of every time your injury prevents you from doing something you enjoy and would’ve partaken in before your injury.
It’s also recommended that you make a note of any time your injury prevents you from taking part in regular activities (such as having to cancel your gym membership) or events you would’ve attended before your injury; for example, weddings or funerals. You should also keep proof of this.
Compensation won’t allow you to visit these events or partake in these activities, but it will place a financial value on the loss of amenity you’ve suffered.
As part of the claims process, you’d attend a medical assessment. An independent medical professional would assess your injuries and create a report that:
- Shows the severity of your injuries.
- Shows whether they were caused or exacerbated by the accident. If the report shows there’s no link between the injuries and the incident, you could find it difficult to claim.
It’s important to be honest with the medical professional about how your life has been affected due to the injury. This medical report can act as evidence to support your loss of amenity claim.
If you’d like to discuss maximising the damages paid for loss of amenity in more depth, our advisers would be happy to help.
Special damages are the second head of claim. They compensate you for the financial losses you’ve suffered due to your injury. However, it can be difficult to claim these special damages without evidence of your financial loss.
Here are some examples of what special damages can compensate for and what evidence you could provide:
- Loss of earnings – If your injury meant you had to take time off work whilst recovering, you may have suffered a loss of earnings. You can prove this by gathering payslips and bank statements showing how much you’ve been paid compared to before your injury.
- Care costs – If your injury is severe, you may have had to pay a carer to look after you. This could include house chores, such as cooking and cleaning. To prove this, you could provide signed paperwork between you and your carer and bank statements to show how much you paid them.
- Medication costs – You may have paid for prescription medication when treating your injury. If so, you could use prescriptions and receipts to prove that you paid for this medication.
- Travel costs – Did you have to pay for travel to and from medical appointments for your injury? If so, you can use bus tickets or bank statements to prove this.
You can contact our expert advisers today to receive legal advice for free. An adviser would be happy to have a chat about your situation and assess how much compensation you may be entitled to. They can also further discuss the meaning of loss of amenity.
The amount of compensation given for loss of amenity varies significantly depending on personal circumstances and medical evidence. The way an injury has affected someone’s personal life and enjoyment is personal to them. Therefore, loss of amenity is difficult to calculate through payslips, for example.
However, the medical evidence of your suffering can prove that your injuries would prevent you from carrying out certain everyday tasks, which causes you loss of amenity.
Furthermore, if the injury prevented you from carrying out a hobby you regularly enjoyed, you could provide evidence. For example, if you regularly worked out at the gym, you could prove that you had to cancel your membership via letters or emails confirming this. In combination with the medical evidence, it could prove this as part of your loss of amenity.
Our advisers are available 24/7 to offer free legal advice surrounding your claim and loss of amenity. If your claim is valid and you’d like to pursue a personal injury claim, they can connect you with our solicitors.
Though some guides have a personal injury claims calculator, we’ve included in this guide a compensation table. However, if you need a free, accurate estimate of what you could claim, why not reach out to our advisers?
The compensation table below contains figures from the Judicial College Guidelines. These guidelines are used by legal professionals to help them value injuries. They contain different potential compensation figures for varying injuries and severities.
The below table is for example purposes only.
|Injury Type||Compensation Bracket||Notes|
|Moderately Severe PTSD (b)||£21,730 to £56,180||A possibility of some recovery with professional help, but with some disabling effects remaining.|
|Grand Mal Epilepsy (a)||£95,710 to £140,870||Established grand mal epileptic seizures.|
|Total Blindness (b)||In the region of £252,180||Total loss of sight in both eyes.|
|Total Deafness (b)||£85,170 to £102,890||Consideration given to presence of speech deficit or tinnitus.|
|Total Loss Of Taste And Smell (a)||In the region of £36,770||Where taste and smell have been completely lost.|
|Kidney Injuries (a)||£158,970 to £197,480||Serious damage to or loss of both kidneys. The damage will be permanent.|
|Bowel Injuries (b)||Up to £140,870||Dependence on colostomy, with total loss of natural function.|
|Bladder Injuries (b)||Up to £132,040||Complete loss of control and loss of function.|
|Serious Damage To Both Hands (b)||£52,310 to £79,360||Cases including cosmetic disability that's permanent and a loss of function.|
|Minor Brain Or Head Injury (e)||£2,070 to £11,980||Brain damage will be minimal if there is any at all.|
The above compensation table shows the amount of general damages some injuries may attract. The awarded bracket depends on the severity of the injury and the length of treatment.
Compensation often also includes special damages and loss of amenity alongside general damages.
General damages compensate for the actual injury and hows it’s affected you physically and mentally. For example, you may have suffered from post-traumatic stress disorder because of your accident or other psychological injuries. For example, you could claim for anxiety after a car accident.
Special damages offer compensation for the financial impact the injury has had on your life. For example, you have may have suffered a loss of earnings due to taking time off work to recover from your injury.
In the next section of this guide to the meaning of loss of amenity, we look at how No Win No Fee agreements work.
A No Win No Fee agreement, also known as a Conditional Fee Agreement, is a contract between you and your lawyer. Both parties sign an agreement outlining the conditions your lawyer must meet before receiving payment:
- If your case fails, you don’t have to pay the fees your solicitor has gained throughout your claim.
- If your case succeeds, your personal injury solicitor will deduct a small, legally capped percentage of your compensation. This will reflect the amount of work your lawyer has put into your case.
Our lawyers offer their services on a No Win No Fee basis. To see if our advisers can connect you, why not get in touch?
There’s little to lose, so why wait? You’re under no obligation to continue with our services, but if you’d like, an adviser can connect you with our personal injury lawyers if your claim is strong.
They can then discuss No Win No Fee agreements with you and begin working on your claim. Our personal injury lawyers are experienced in handling personal injury claims and helping you gather as much evidence as possible.
You can get in touch with our advisers and discuss the meaning of the loss of amenity to you by:
- Calling them on 0800 073 8801 to discuss your case.
- Filling in our online claims form to receive a reply at your convenience.
- Chatting with an adviser via our instant live chat pop-up box for an immediate response.
The following resources should be able to help you navigate personal injury claims further.
Clinical & Medical Negligence Claims Guide: If you’ve suffered clinical negligence, our article looks at how you can make a medical negligence claim.
Accident At Work Claims Guide: Have you suffered a workplace accident due to your employer’s negligence? Our guide explores how you can make a personal injury claim.
Road Traffic Accident Claims: This guide discusses how you can make a road traffic accident claim if you’ve suffered injuries due to someone else’s negligence.
How Do I Know If I’ve Broken A Bone?: If you suspect you may have suffered a broken bone injury, this NHS guide has important information about bone fractures.
Slip, Trip or Fall At Work Claims: Information on making a claim after suffering a fall at work.
In this section, we answer questions that are commonly asked about personal injury claims and loss of amenity.
What Is The Loss of Amenity Meaning In Law?
The loss of amenity meaning in law covers losing your ability to enjoy life and activities following an injury. This can be things like losing your hearing and no longer being able to enjoy music, or having reduced mobility that means you can no longer participate in sports or other hobbies.
What is compensation for loss of future earnings?
Special damages offer compensation for current and future loss of earnings caused by an injury that wasn’t your fault. For example, you may be unable to work in the future because of your injury and suffer a loss of the earnings you would’ve made in the future.
What is loss of enjoyment?
Loss of enjoyment can occur when a claimant lacks the enjoyment they used to experience when pursuing hobbies or as part of their social life, for example. Their injuries may cause this loss of enjoyment.
How are damages for loss of amenity awarded?
Courts award loss of amenity based on how much the injury affects your quality of enjoyment of life. For example, your social and work life can be impacted.
What are general damages in law?
General damages compensate for the physical and mental injuries you suffer due to an accident or incident that wasn’t your fault.
What type of accidents and injuries could lead to a claim for pain, suffering and loss of amenity?
There are various accidents that could have caused you harm and might lead you to make a compensation claim for your pain and suffering.
Some of the claims we take on include:
- Accident at work claims – All employers owe you a duty of care under the Health and Safety at Work Etc Act 1974. They must do everything they reasonably can to prevent you from sustaining harm. If they fail to do so and you suffer harm as a result, you could be eligible to claim compensation.
- Road traffic accident claims – You could also claim for pain, suffering and loss of amenity if you have been injured in a road accident that was caused by someone else’s negligence. You could claim as a cyclist, pedestrian, passenger, motorist or another road user. Even if the driver could not be traced, we could help you launch a claim through the Motor Insurer’s Bureau (MIB).
- Accidents in public places – As per the Occupiers’ Liability Act 1957, the person in control of a public place must do everything they reasonably can to prevent others from experiencing harm. If the party responsible for a public place fails to do so, it could cause someone to suffer harm and make a claim. We could help with pavement accident claims, supermarket, hotel and restaurant accidents claims, and many others besides.
- Medical negligence – Clinical negligence could lead to you suffering a loss of amenity and pain and suffering. This is where a medical professional fails to provide you with the correct standard of care resulting in you experiencing further or avoidable harm.
Need more help?
If we haven’t included an example of what has happened to you above, this does not mean we couldn’t help you. Please call our team for a free case check and we will be happy to advise you.
Thank you for reading our guide about the meaning of the loss of amenity.