What Does Loss Of Amenity Mean In A Personal Injury Claim?

By Jo Anderson. Last Updated 1st December 2023. This guide will explore the question ‘What is loss of amenity?’. If you are eligible to claim compensation for a personal injury, you may receive a payout that takes into account your loss of amenity. This refers to the loss of enjoyment caused by the injuries you suffered in an accident. For example, if you are no  We will explore this in more detail throughout our guide, as well as how settlements are calculated and what they could include.

Additionally, we discuss the eligibility criteria that need to be met in order to begin a personal injury claim, and the time limit for starting legal proceedings. 

Furthermore, we discuss the duty of care road users, employers, and occupiers owe and how a breach of this duty could occur leading to an accident and subsequent injury.

Finally, we explore how one of our solicitors could help seek compensation under the terms of a No Win No Fee agreement. 

If you have any questions while or after reading this guide, or you would like to check your eligibility to claim, please contact an advisor.

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Loss Of Amenity In Personal Injury Claims Guide

Select A Section

  1. What Is Loss Of Amenity?
  2. Examples Of Loss Of Amenity
  3. When Can I Make A Personal Injury Claim?
  4. How Is Pain, Suffering, And Loss Of Amenity Calculated?
  5. How Long Do I Have To Claim For Loss Of Amenity?
  6. No Win No Fee Claims For Loss Of Amenity
  7. Further Resources On Claiming For A Personal Injury

What Is Loss Of Amenity?

Before we take a look at how much compensation you could receive for a personal injury claim, let us answer the question “What is loss of amenity?

Simply put, loss of amenity is the loss of the enjoyment of your usual day-to-day activities. If your injury has impacted your ability to enjoy or partake in hobbies and social activities, this may have had a detrimental impact on your enjoyment of life.

Now we have explained what the loss of amenity meaning is, you may be wondering whether you would be able to claim for it. If so, please contact an advisor from our team to start your free consultation.

Examples Of Loss Of Amenity

The above section answered the question of “What is loss of amenity?” in general terms, but you may still be wondering how loss of amenity could affect your day-to-day life. Below, we’ve listed some examples to help provide some context. Loss of amenity could include:

  • A workplace accident that caused a shoulder injury, which meant you could no longer play in your amateur rugby team.
  • A loss of hearing caused by medical negligence that meant you were unable to play in the band you were in, or enjoy music as you had before.
  • A hand injury from a car accident that left you unable to enjoy your crafting hobby, such as knitting or sewing.
  • Loss of sight caused by a serious head injury sustained in an accident in a public place which left you unable to drive, or go about your day-to-day life as you otherwise would have.

If you have further questions about claiming compensation for the pain, suffering and loss of amenity caused by a relevant third party’s negligence please contact an advisor.

When Can I Make A Personal Injury Claim?

In order to begin a personal injury claim, you need to provide evidence of the following:

  • A third party, such as a road user, employer, or occupier, owed you a duty of care.
  • This duty of care was breached.
  • As a result of the breach, you experienced physical harm, psychological injury, or both.

The three points above form the definition of negligence in tort law. If you can prove negligence occurred, you could have valid grounds to seek compensation. Evidence you could provide to show that a third party breached their duty of care and caused you harm could include, for example, pictures of your injuries and the accident, video footage, witness contact details, and copies of your medical records. 

Read on to find out more about the third parties who owe you a duty of care. Alternatively, call our team to find out whether you have valid grounds to seek personal injury compensation and how loss of amenity could be factored into your settlement.

How Is Pain, Suffering, And Loss Of Amenity Calculated?

Compensation for a personal injury claim can include up to two heads. One of these is called general damages. It compensates a claimant for the pain, suffering and loss of amenity their injuries have caused. The amount of compensation that is awarded for your injuries and loss of amenity varies on a case-by-case basis.

When legal professionals value general damages, they often refer to the Judicial College Guidelines (JCG) and an independent medical assessment report.

The JCG provides compensation guidelines for various injuries. You can find some examples of the guideline amount brackets listed in the 16th edition of this document in the table below.

This table should be used as a guide only, and the first entry is not taken from the JCG.

Injury Type Compensation Bracket Notes
Multiple serious injuries with financial loss as well as pain, suffering and loss of amenity. Up to £1,000,000+ Serious combinations of injuries that cause serious pain and suffering and financial losses which could include travel and medical expenses, care costs and loss of income, for example.
Injuries Affecting Sight (b) In the region of £268,720 Total loss of sight in both eyes.
Leg Injuries (a) Amputations (iv) £97,980 to £132,990 One leg is amputated below the knee.
Severe Back Injuries (a) (i) £91,090 to £160,980 A severe back injury involving damage to the spinal cord and nerve roots.
Epilepsy (a) £102,000 to £150,110 Established grand mal epileptic seizures.
Amputation of Arms (b) (ii) £109,650 to £130,930 One arm is amputated above the elbow.
Deafness/Tinnitus (b) £90,750 to £109,650 The person is completely deaf. Consideration given to presence of speech deficit or tinnitus.
Hand Injuries (b) Serious Damage to Both Hands £55,820 to £84,570 Cases including cosmetic disability that’s permanent and a significant loss of function.
Very Severe Ankle Injuries (a) £50,060 to £69,700 Injuries included a transmalleolar fracture with extensive soft-tissue damage.
Moderately Severe PTSD (b) £23,150 to £59,860 A possibility of some recovery with professional help, but with some disabling effects remaining.
Minor Brain Or Head Injury (e) £2,210 to £12,770 Brain damage will be minimal if there is any at all.

If you’re eligible to claim general damages, then you may also be eligible to claim for an additional head of compensation called special damages. This compensates for any financial losses or expenses that have incurred or will incur in the future due to your injuries. Examples of what may be covered under special damages include:

  • A loss of earnings.
  • Transportation costs.
  • Medical expenses.

To help support your claim for special damages, you will need to provide evidence of these losses such as bank statements, payslips and receipts.

For more advice on compensation for loss of amenity, its meaning and how much compensation you could receive, you can contact our advisors for free today.

How Long Do I Have To Claim For Loss Of Amenity?

If you have endured pain, suffering and a loss of amenity, you usually have three years from the date of your accident to start a personal injury claim. However, we recommend starting proceedings as soon as possible.

When a child suffers from a loss of amenity, the time limit is suspended until their 18th birthday, and a litigation friend can make a claim on their behalf during this suspended period. Anyone who can act in the best interests of the claimant could be a litigation friend, including a parent or guardian.

The time limit to claim a compensation payout is suspended indefinitely for a claimant that does not have the mental capacity to bring forward their own claim. It would only begin again if they ever regained the required mental capacity. Again, a litigation friend can start a claim for a loss of enjoyment on their behalf while the time limit is suspended.

Get in touch if you would like our expert personal injury lawyers to work on your claim. They’ll go above and beyond to ensure that you meet the time limit that applies to your case.

No Win No Fee Claims For Loss Of Amenity

If you have valid grounds to make a personal injury claim for pain, suffering and loss of amenity, then you could seek support from a solicitor. You can discuss your potential claim with our advisors. If they determine you have a strong case, they may connect you with one of our No Win No Fee solicitors.

Our No Win No Fee solicitors can support personal injury claims under a Conditional Fee Agreement (CFA). When claiming with a solicitor under such an agreement, you won’t have to pay any upfront or ongoing fees to your solicitor for their work. You also won’t need to pay your solicitor for their services if your claim goes ahead and proves unsuccessful.

If you do succeed with your claim, then your solicitor will take what’s called a success fee. This is a legally capped percentage taken from the compensation awarded to you.

For more advice on claiming for loss of amenity with a No Win No Fee solicitor, contact our advisors for free today. You can reach our team by:

  •       Calling 0800 073 8801
  •       Writing to us online using our contact page.
  •       Messaging us through our 24/7 live chat.

Further Resources On Claiming For A Personal Injury

The following resources should be able to help you navigate personal injury claims further.

Thank you for reading our guide about the meaning of the loss of amenity.