Personal injury claims include compensation for loss of amenity, which means lifestyle changes and the impact on your ability to do things you used to enjoy, such as hobbies and sports.
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What is Loss of Amenity?
An injury or illness can have various consequences on your life. It can cause physical pain and suffering, emotional distress, financial losses and loss of amenity. The latter refers to lifestyle changes caused by your condition, such as no longer being able to partake in leisure activities.
Many accidents, such as road collisions, accidents at work, assaults, medical negligence, and sports incidents, could lead to loss of amenities. If another party was at fault, you could be able to claim compensation for your pain, suffering, and impact on your daily life.
If you want to start a claim or wonder, ‘What is loss of amenity?’, do not hesitate to get in touch for a free consultation with a legal adviser. You can do this by calling 0800 470 0472 or entering your details into our online claim form to request a call back.
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What does loss of amenity mean?
If you have suffered harm and another party was at least partially at fault, you may be entitled to seek compensation. A personal injury claim covers two types of damages related to your case:
- General damages cover the physical or psychological injury and its subjective impact on your life;
- Special damages cover the related financial losses and expenses, such as lost wages, medical bills and care costs during recovery.
Loss of amenities is part of your general damages. It refers to the loss or reduction in the ability to do the things you used to do and any lifestyle changes you had to make as a result. Examples of loss of amenity include:
- Loss of ability to play a musical instrument due to a hand injury
- No longer being able to sing in a choir due to hearing loss
- Being unable to look after your children or spend time with them
- Not being able to do gardening due to a repetitive strain injury at work
- Loss of ability to hike due to a back injury
- Not being able to do photography or play video games due to an eye injury
- No longer being able to attend the gym due to post-traumatic stress disorder (PTSD) or another psychological injury
- Being unable to play football or another sport due to a leg injury
These are just a few examples that help answer the question, ‘What does loss of amenity mean?’ in a personal injury claim. Your compensation will cover any other way in which your injury has impacted your ability to pursue a hobby or another leisure activity.
Can I claim compensation for loss of amenities?
If you had an accident or developed an illness due to someone else’s fault, a solicitor may be able to help you claim compensation for the suffering and loss of amenity you incurred. As a general rule, you have a valid claim if you have proof to show that:
- The defendant in your case owed you a duty of care
- They breached their duty through negligence or wrongdoing
- Their act caused an accident or incident to occur
- You suffered an injury and loss of amenities as a result
Your solicitor will be able to prove a duty of care by referring to the relevant legislation. Based on the circumstances of your injury or illness, this could be:
- The Health and Safety at Work Act 1974, if you suffered an accident at work
- The Occupiers’ Liability Act 1957, if you were injured on public premises such as a restaurant or shop
- The Road Traffic Act 1988, if you were injured due to a road collision as a driver, pedestrian, passenger or another road user
Besides these common accidents that lead to personal injuries and loss of amenity, you could also make a claim following:
- Medical negligence
- Sports accidents
- A dog bite
- Holiday accidents
- Industrial diseases
- Assaults and other violent crimes
- Food poisoning
- Military accidents
To find out if you can claim personal injury compensation, call 0800 470 0472 today or use our online form to ask for a call back. A solicitor will investigate your case and offer you free legal advice. If you are eligible to claim, they will help you gather evidence and guide you through all the steps of the claims process.
What injuries could lead to a claim for loss of amenity?
Loss of amenity claims can arise from a wide range of injuries that impact your overall quality of life, well-being, and ability to enjoy various aspects of life. These include but are not limited to:
- Head and brain injuries can have various consequences that can impact your way of life, such as physical and cognitive impairments.
- Back injuries can lead to chronic pain and reduced mobility, which may limit your daily activities and ability to engage in recreational pursuits.
- Spinal cord injuries often cause paralysis, loss of sensation or reduced mobility below the injury site. These can profoundly affect your ability to maintain a satisfactory quality of life.
- Arm injuries may affect your ability to enjoy activities that rely on manual skills, such as playing an instrument or practising sports.
- Leg injuries, particularly those affecting mobility, can significantly restrict your ability to engage in sports or leisure activities and diminish your capacity to enjoy life to the fullest.
- Eye injuries can cause vision impairment or loss, significantly affecting overall quality of life and ability to do the things you love.
- Hearing loss can result in communication challenges, social isolation, and difficulties in doing things you used to enjoy, such as listening to music.
- Chronic pain conditions can lead to constant discomfort and limitations in physical activity. The ongoing nature of these conditions often has a profound impact on overall well-being and lifestyle.
- Mental health conditions like PTSD, anxiety, or depression can significantly affect your ability to enjoy life and engage in activities you once enjoyed.
How is the loss of amenity calculated?
Calculating the loss of amenity in personal injury claims is typically challenging. That is because medical records do not usually explain how your condition may affect your lifestyle. You will need as much evidence as possible to start a claim and prove how your life has been affected, which could include:
- Medical records and diagnostic tests such as X-rays that prove the type and extent of the injury you suffered;
- Photographs or videos of the accident scene to show how you were injured and help assess liability;
- Statements from witnesses that can describe what they saw and corroborate your version of the events;
- Pictures of any visible injuries and your recovery process;
- Information from friends or family about how your injury or illness has affected your life and ability to engage in activities you enjoyed;
- Old photographs or videos showing activities you used to participate in before the injury, such as playing in a band or doing sports;
- Notes from your therapist if you are undergoing therapy to deal with the impact of your condition on your life;
- It would also help if you kept a journal where you would note all the ways in which your injury has affected your ability to engage in a hobby or leisure activity you used to enjoy.
Your solicitor will also arrange a free medical exam with a specialist to assess the full extent of the harm you suffered and its long-term effects.
How much compensation could I receive for general damages?
The loss of amenity compensation in personal injury claims is included in general damages, which cover the physical and mental pain caused by your injury and other subjective aspects like:
- Loss of enjoyment of life
- Scarring and disfigurement
- Loss of a unique career
- Loss of consortium and companionship
- Reduced life expectancy and quality of life
The award for these damages is based on the 18th Edition of the Judicial College Guidelines. Below are a few examples of how much you could receive for your injury, but feel free to refer to our compensation calculator for more information:
| Injury Type | Description | Compensation |
|---|---|---|
| Back Injuries | A severe back injury with spinal cord and nerve root damage, causing pain, disability and bladder, bowel and sexual impairment | £120,000 - £213,000 |
| Bladder Injuries | Serious impairment of bladder control with some pain and incontinence | £85,000 - £106,000 |
| Hip And Pelvis Injuries | A severe hip or pelvis fracture requiring surgery and causing ongoing symptoms or disability | £82,000 - £104,000 |
| Arm Injuries | A serious fracture of one or both forearms causing permanent functional or cosmetic disability | £52,000 - £79,000 |
| Ankle Injuries | A severe ankle injury requiring extensive treatment and causing permanent walking difficulty | £41,000 - £66,000 |
| Deafness Or Tinnitus | Moderate tinnitus and NIHL, or severe tinnitus or NIHL alone | £20,000 - £39,000 |
| Brain Damage | A brain injury with full recovery within three years | £2,900 - £17,000 |
| Fractured Nose | A displaced nose fracture requiring surgery, with complete recovery | £5,200 - £6,700 |
Besides compensation for the pain and suffering you’ve endured, your claim will also include any related financial expenses, such as loss of earnings and care costs incurred because of your injuries. These are called special damages and are based on evidence like receipts and invoices.
How long do I have to make a personal injury claim?
The time limit to claim compensation for a personal injury is set by the Limitation Act 1980 and is typically three years starting from either:
- The date of your accident; or
- The date your injury or illness was diagnosed, and you realised it was due to someone else’s negligence (date of knowledge)
It is always best to speak to a personal injury solicitor and start your compensation claim as soon as possible. They will usually need at least a few months to investigate your case and gather evidence to prove the loss of amenity, pain and suffering caused by the injury. If you miss the three-year deadline, your claim will generally be statute-barred, which means you may no longer be entitled to claim compensation.
There are several exceptions to the three-year limitation date:
- For accidents involving children, the time limit only begins once they turn 18, from which they have until turning 21 to claim. Alternatively, a parent or another adult could represent them at any time while they are minors, regardless of when they were injured.
- If the claimant lacks mental capacity, the time limit is put on hold, and a litigation friend could claim for them at any time while they lack capacity. That could be due to a brain injury, PTSD, Alzheimer’s or another condition that affects their decision-making abilities.
- You have two years to claim through the Criminal Injuries Compensation Authority (CICA) if you suffered as a result of an assault or another violent crime.
- You have seven years to claim through the Armed Forces Compensation Scheme (AFCS) if you were injured while serving in the military.
During a free initial consultation, an expert personal injury lawyer can tell you whether other time limits may apply to your case.
Can I claim on a No Win No Fee basis?
You will receive a 100% no win no fee* agreement if you have a valid case. Your solicitor will help you claim compensation for loss of amenities and other damages caused by someone else without asking for any upfront fees. Furthermore, you do not have to pay them a single penny if your case is unsuccessful.
You will also be protected by the After the Event (ATE) insurance that your solicitor will take out on your behalf. The ATE will cover all the legal costs and disbursements incurred during litigation, such as court fees, medical reports and the defendant’s costs.
Under a no win no fee agreement, you only have anything to pay if and after you receive compensation. This includes a success fee that will be paid to your solicitor for the risk they took by offering you a no win no fee service. This fee is capped at 25% of damages for your pain, suffering and past financial losses. You may also have to cover the cost of the ATE premium, which you do not pay if the claim fails.
If you want to discuss your case or ask a legal professional about ‘What is loss of amenity?’, do not hesitate to call today at 0800 470 0472 for a free consultation. Or, you can enter your details into our online form to request a call back.
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*Personal injury claims are provided on a no win no fee basis. If your claim is successful, your solicitor will receive a success fee of up to 25% of your compensation. If any additional costs could be payable, such as taking out legal protection insurance, these would be fully explained upfront by your solicitor before you decide to proceed with your claim. Termination fees may apply based on time spent on your case, or in situations such as: lack of cooperation, deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing. Please visit our guide to no win no fee claims page for further information.
