What Is The Meaning Of Loss Of Amenity In Personal Injury Claims?
By Meg Sodha. Last updated 22nd March 2022. In this article, we are going to look at the meaning of loss of amenity with regards to personal injury claims.
As you may be aware, if you suffer an injury through no fault of your own, you might be awarded damages. Personal injury compensation aims to cover the pain you endured and any financial loss it caused.
Your loss of amenity would be taken into account when your compensation is calculated. Loss of amenity is the reduction of your ability to carry out everyday tasks. Essentially, it’s the impact the injury has on your quality of life.
For example, if you play football in your spare time and your leg is broken in a car crash caused by somebody else, a value could be assigned to the fact you couldn’t play while you recovered.
Legal Expert can help with loss of amenity compensation claims. We have a team of personal injury lawyers who have been dealing with claims for years. Also, before your claim is taken on, you’ll benefit from a no-obligation review and free legal advice. If your claim is suitable, a solicitor could represent you on a No Win No Fee basis.
To see if you can start your claim today, please call us on 0800 073 8804. Alternatively, please read on as we try to answer the question, “What does loss of amenity mean?”.
Select A Section
- A Guide On The Meaning Of Loss Of Amenity
- What Does Loss Of Amenity Mean?
- How Loss Of Amenity Could Impact You
- Calculating Loss Of Amenity
- Make Sure You Get The Best Possible Settlement
- Other Special Damages You Could Claim
- 2021 Personal Injury Claims Calculator
- No Win No Fee Loss Of Amenity Claims
- Begin A Loss Of Amenity Claim
- References On Loss Of Amenity Meaning
- Loss Of Amenity Meaning FAQs
A Guide On The Meaning Of Loss Of Amenity
In this guide, we are going to look at how personal injury claims work and what can be included in them. We’ll explain the loss of amenity meaning, show when it can be included in a claim and provide information on how it is calculated.
To be eligible to seek damages, you’ll need to show that:
- The person you’re claiming against owed you a duty of care; and
- Their breach of this duty caused an accident to happen; and
- You were injured during the accident.
Importantly, if you do decide to start a claim, we should make you aware that time limits apply. Generally, claims must be made within 3 years of the accident or when you gained knowledge that negligence at least contributed to your injuries (if this is later). However, there are exceptions to this so ask our advisors if you’re not sure.
What Does Loss Of Amenity Mean?
Loss of amenity relates to the non-financial impact injuries have on your social life, family life and work. It considers everyday limitations that result from your injuries when making a personal injury claim. As part of a loss of amenity claim, a value could be placed on things you cannot do while recovering such as your hobbies and your social life.
Loss of amenity forms just one part of a compensation claim. Other things that can be included include pain and suffering as well as any financial losses like medical costs, care costs and lost earnings. We’ll explain more about these later on.
How Loss Of Amenity Could Impact You
If your quality of life is affected by injuries caused by an incident that wasn’t your fault, you could claim for loss of amenity. Examples include:
- Someone who plays the trombone for fun can’t play because his wrist was broken in a car accident.
- A builder is unable to enjoy listening to music because of years of exposure to loud noise without proper ear protection.
- A hiker can no longer go on walks following a fall in a supermarket
Don’t worry if you don’t see a scenario similar to yours here. We could still help you claim so please contact us to explain how your quality of life has been affected by an accident. We can help with claims for accidents at work, public place accidents, medical negligence, criminal injuries, such as assault claims and more.
Calculating Loss Of Amenity
As well as explaining the meaning of loss of amenity, we want to explain how it is calculated in a personal injury claim. However, there’s no easy way to quantify how much you could be paid as each claim will be different.
To help understand how your quality of life has been affected, your solicitor will review your case with you in detail. They might also refer to statements from friends and families or use video evidence to show how you used to enjoy certain activities. All of this evidence could then be used to try and place a value on your loss of amenity.
Make Sure You Get The Best Possible Settlement
To help you get the maximum level of compensation for loss of amenity, there are some things you could take to help quantify how you’ve suffered. You could:
- Keep a diary and record every instance where you can’t do something you used to enjoy.
- Also, record any events that you’re unable to attend because of your injuries. This could include family funerals, weddings and other similar events.
Other Special Damages You Could Claim
Hopefully, this guide has gone some way to explaining what the meaning of loss of amenity is. Therefore, we’re going to look at what else could be included within your claim. Special damages is the part of your claim that looks at any financial impact your injuries have. It can include:
- Care costs: To cover the time provided by a loved one or the cost of a professional carer who helped during your recovery.
- Medical costs: Such as prescription fees and treatment the NHS couldn’t provide.
- Travel costs: Linked to hospital appointments, for instance.
- Lost income: If your injuries meant you were unable to work so had a lower income, for example. Future lost earnings could also be included.
- Home adaptations. Modifications to your home or vehicle could be claimed to help cope with any long-term disabilities.
For more information on the loss of amenity meaning in relation to the compensation you may be awarded, call our team on the number above.
2021 Personal Injury Claims Calculator
In this section, we have included a compensation table to show how much might be paid for certain injuries. It is just a sample of the injuries listed in the Judicial College Guidelines. This is a publication that is used by personal injury lawyers to help determine settlement figures for injuries.
|Body Part Injured||Severity||Compensation Range||More Information|
|Jaw||Serious (ii)||£16,860 to £28,610||Injuries that result in permanent consequences such as struggling to open mouth, problems eating and paraesthesia.|
|Neck||Minor (i)||£4,080 to £7,410||Includes soft tissue injuries of the neck. There will be a full recovery in around 1 to 2 years without the need for any surgery.|
|Back||Moderate (ii)||£11,730 to £26,050||Includes muscle or ligament or prolapsed discs that require laminectomy.|
|Arm||Simple||£6,190 to £18,020||For simple forearm fractures.|
|Shoulder||Serious||£11,980 to £18,020||Covers cases such as dislocated shoulder injuries with damage to the lower brachial plexus.|
|Leg||Amputation||£91,950 to £124,800||This bracket is for below the knee amputations of a single leg.|
|Leg||Less Serious (iii)||Up to £11,110||Simple fractures of the tibia or fibula or soft tissue injuries.
|Feet||Modest||Up to £12,900||Injuries such as ruptured ligaments, puncture wounds and simple metatarsal fractures.|
|Achilles Tendon||Most Serious||In the region of £36,060||Where the tendon and the peroneus longus muscle are severed.|
If you have any questions about the meaning of loss of amenity or how much compensation your injuries might be worth, please contact our team today. They could provide further advice on what pain, suffering and loss of amenity is.
No Win No Fee Loss Of Amenity Claims
Our solicitors offer a No Win No Fee service for all accepted personal injury (including loss of amenity) claims. That means you only pay the solicitor’s fees if you are paid compensation.
The amount you’ll pay, the ‘success fee’, is listed within your No Win No Fee agreement. It is capped by law and forms a small percentage of any compensation you receive.
Begin A Loss Of Amenity Claim
We hope that you now understand when you could claim for loss of amenity. If you would like to discuss your case with us, you can:
- Call our team on 0800 073 8804.
- Email firstname.lastname@example.org.
- Use our online claim form so we can get back to you.
- Use our live chat to talk to an advisor instantly.
References On Loss Of Amenity Meaning
Please find links below to some more guides and articles that might prove useful:
Car Accident Claims: Information on how to claim for injuries sustained in a road accident.
Accident At Work Claims: Details of when you could be compensated for workplace injuries.
Council Compensation Claims: This guide looks at claims for injuries caused by local authority negligence.
Broken Bones: Advice from the NHS on the diagnosis of a broken bone.
The Solicitors Regulation Authority: Information on how to choose a solicitor and check they are registered.
Health And Safety At Work Etc. Act 1974: The legislation that gives employers a duty of care towards their staff’s welfare.
Other Guides You Might Find Useful:
- Back Injury Claims
- Dental Negligence Claims
- Post Traumatic Stress Disorder
- Work-Related Illness Claims
- Head Injury Claims
Loss Of Amenity Meaning FAQs
In this final part of our guide, we’ve answered some FAQs that will help you understand the meaning of loss of amenity.
What are the damages for loss of amenity?
When making a personal injury claim, loss of amenity can be claimed on top of any financial losses and suffering caused by your injuries. It covers the things in life that you cannot do (temporarily or permanently) that you did before your accident.
Is loss of amenity a general damage?
Yes, loss of amenity falls under the head of claim called general damages. This part of a claim also includes compensation for physical and psychological pain and suffering.
Can you claim for loss of enjoyment?
Loss of enjoyment could be factored into a personal injury claim. For example, if you regularly rode a bike before you were injured, a value could be calculated because you weren’t able to do so while you recovered.
What is the average payout for a personal injury claim in the UK?
Personal injury settlements are based on the severity of the injuries and how much they impact your life and finances. As such, there can be a large compensation range. Therefore, it’s difficult to suggest an average compensation amount. Call our advisors for a free, accurate estimate.
What is pain, suffering and loss of amenity?
When compensation for your injuries is calculated, consideration is given to different factors. For instance, medical evidence may be used to assess the severity of your injuries and the pain and suffering you may have experienced as a result of the harm you sustained.
In addition to this, the impact the injuries have had on your quality of life may also be considered to determine how much compensation should be awarded for loss of amenity.
For more information, please get in touch on the details above. An advisor can help you understand how much compensation you’re entitled to.
Can you sue for loss of amenity?
You could sue for loss of amenity if you can prove that your injuries were sustained in an accident that was caused by someone else’s negligence. You could provide evidence that supports your claim such as CCTV footage, witness contact details, police reports, dashcam footage, pictures of your injuries and medical reports.
For more information about the evidence you could gather in support of your claim, please get in touch on the number above. They could connect you with one of our solicitors to represent your claim and help you when gathering evidence.
We hope that this guide has explained the meaning of ‘loss of amenity’ clearly. If you’d like further information, please get in touch via live chat.
Written by Hambridge
Edited by Victorine