What Is The Meaning Of Loss Of Amenity In Personal Injury Claims?
By Stephen Hudson. Last Updated 3rd November 2023. 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?”.
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There are various day-to-day situations where you could suffer an injury because of a breach in the duty of care owed to you:
- Accidents in a public place – The Occupiers’ Liability Act 1957 (OLA) establishes that those in control of a public space have a duty of care to ensure the reasonable safety to people who visit it.
- Accidents at work – Employers owe their staff a duty of care to take reasonable steps to protect them from harm while they are working. This is set out in the Health and Safety at Work etc. Act 1974.
- Road traffic accidents – All road users owe each other a duty of care to use the roads in a way that prevents harm to themselves and others. To uphold this duty, they are expected to follow the Highway Code and the Road Traffic Act 1988.
You may be eligible to claim personal injury compensation for your pain, suffering and loss of amenity if the following applies:
- You were owed a duty of care by a third party
- They breached this duty of care
- You suffered harm because of this breach
For more advice on your eligibility to claim for loss of amenity through a personal injury claim, contact our advisors for free today.
Do you wonder what is a loss of amenity? The definition of amenity refers to activities that contribute to your enjoyment of life. Loss of amenity could be awarded as part of your general damages settlement package, which compensates you for the pain and suffering inflicted by your injury.
To give you an idea of what might be considered a loss of amenity, you may enjoy golfing as a hobby. However, following a serious hand injury caused by an accident at work, you may be unable to play golf any longer. We’ll discuss more examples in the next section.
Now that we’ve explained the loss of amenity meaning, you might be interested in including loss of use in your claim. Speak to our advisors for free, no-obligation legal advice. They are available to talk to 24/7 and could put you in touch with our expert personal injury solicitors.
You could claim compensation for loss of amenity if this was caused by an accident because of another person’s negligence. Whether physical or psychological, the injury caused would need to have a negative impact on your quality of life. The potential compensation for loss of amenity will be based on factors including to what degree this injury has negatively impacted your enjoyment of life.
Potential examples are:
- Someone who is now unable to do certain gym exercises because they have a permanent hand deformity. This could be caused by an accident at work.
- A grandfather who is unable to play with his grandchildren like he was before because of a back injury caused by a fall in a supermarket.
- A builder who can no longer enjoy music due to years of working in loud environments without being provided with sufficient ear protection.
If you’re unsure if you can claim or have further questions about the claims process, don’t worry – you can speak to one of our advisors for free at a time that suits you using the details above. We can help you with claims for accidents at work, criminal injuries, such as assault, medical negligence, public place accidents and more.
Evidence can help to prove that a third party owed you a duty of care, that they breached this duty of care and you suffered injuries as a result.
Examples of evidence that could be submitted include:
- Medical records. This can include hospital reports and doctors reports as well as prescriptions.
- Witness contact details. If anyone saw what happened to cause your pain, suffering and loss of amenity, they can give a statement later on.
- Accident footage. For example, you could request CCTV footage of the accident.
- Injury photographs if your injury is visible, such as bruising or swelling.
- Accident scene photographs. For example, if you were injured in a car crash, you may have taken photographs of the damage to your car.
You could also submit evidence to support your loss of amenity. This may include diary entries that show any special events you may be missing.
If you need any support gathering evidence, call our advisors. They’re available 24 hours a day, 7 days a week to answer any questions you might have about proving your claim.
The amount of personal injury compensation awarded for successful claims varies on a case-by-case basis, but all successful claimants will receive general damages. This provides compensation for the pain, suffering and loss of amenity you’ve experienced due to your injuries.
The table below includes guideline compensation brackets taken from the 16th edition of the Judicial College Guidelines (JCG). If you have a solicitor representing you, they can use these guidelines to help them calculate the value of general damages. This table should be used as a guide only though as settlements will vary depending on the unique factors of your case.
Body Part Injured Severity Compensation Range More Information
Leg Below-knee Amputation Of One Leg (iv) £97,980 to £132,990 Whether the compensation offered is towards the lower or higher end of this bracket will largely depend on whether or not any complications occur during the amputation.
Leg Less Serious (iii) Up to £11,840 This bracket applies to either simple fractures affecting the fibula or tibia, or it may apply to soft tissue injuries instead.
Achilles Tendon Most Serious Injury In the region of £38,430 Where the tendon and the peroneus longus muscle are severed.
Jaw Serious (ii) £17,960 to £30,490 A serious fracture that leads to permanent difficulty with opening the mouth or while eating.
Back Moderate (ii) £12,510 to £27,760 This bracket can include muscle or ligament disturbance or prolapsed discs that require laminectomy.
Shoulder Serious £12,770 to £19,200 This bracket may cover cases such as dislocated shoulder injuries with damage to the lower brachial plexus.
Feet Modest Up to £13,740 This bracket may cover injuries such as ruptured ligaments, puncture wounds and simple metatarsal fractures.
Your payout could also include special damages. This compensates for the financial losses or expenses that can be directly linked to your injuries and may include:
- Loss of earnings
- Mobility aid costs
- Home adjustment costs
- Prescription costs
For more advice on how much you may be able to claim for loss of amenity due to personal injuries, you can contact our team of advisors today.
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.
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
- Find out how to make a tattoo negligence claim with our guide.
Written by Hambridge
Edited by Victorine