“Loss of Amenity” is a legal term that relates (in injury compensation claims) to the impact an injury has had to your quality of life or that of a loved one. It is an element of a personal injury claim which reflects non-financial changes you have had to make to your work, social and domestic lifestyle, and is particularly important in injury compensation claims affecting children or parents of young children.
Examples of loss of amenity would include:-
- A mechanic who sustains a loss of hearing injury from working in a loud environment who is no longer able to enjoy watching the television
- A teenager who loses the use of an index finger in an accident at school and is unable to use a computer to communicate with peers via social media
- A recreational sportsman or woman who has injured their wrist in a slip and fall accident and can no longer play golf, cricket or tennis
- A mother who sustains a whiplash injury and is unable to support her children at non-academic school activities such as sports days and nativity plays
None of these elements of an injury compensation claim are life-threatening, and need not even be permanent to qualify for loss of amenity compensation. Loss of amenity compensation represents a financial settlement for the enjoyment of life that has been lost due to a negligent party´s lack of care.
Measuring Loss of Amenity
In order to measure how much loss of amenity compensation a person may be entitled to, a lawyer will seek to establish a pre-accident lifestyle and then compare it with the quality of life experienced by the injured victim after the accident. In order to achieve this accurately, your lawyer may need to speak with family members, friends and work colleagues and have access to the family photo album.
Loss of Amenity Compensation Settlements
Guidelines as to what can be claimed for in a injury compensation claim which includes loss of amenity are published by the Judicial Studies Board, and for further information about this element of a personal injury compensation claim, speak with an experienced lawyer our free injury compensation advice service.