Loss of Amenity
Loss of amenity refers to the effect on a person’s enjoyment or quality of life or to a person’s failure to carry out a task that they were once able to do. It illustrates the non-financial impact that a personal injury * has on a person’s work, family and social life. Loss of amenity takes into consideration all resulting restrictions that the injury has forced on a person through no fault of their own.
Loss of Amenity can mean different things for different people, even for those who have sustained the exact same injury – the way it affects their lives will all depend on the activities they carry out in their lives.
For example, two people have broken their arm. One of these people is an avid gym goer and as a result, cannot work out each day as they used to – this has a direct result on their quality of life physically and mentally. The other person does not attend the gym, although his life is affected, it may be seen that it is not affected to the same extent of the gym goer.
These two people may receive similar settlement amounts for the injury itself but when loss of amenity is taken into account the gym goer may receive that little bit more. Other examples include:
- An industrial worker who is deaf due to no Personal Protective Equipment (PPE) being provided by their employer.
- A sports player who can no longer play to their usual ability due to a slip, trip or fall injury in a public place.
- A musician who cannot play their instrument due to a fractured arm caused by a wet floor accident.
- If a person can no longer care for their children or parents to the level that they were once able to because of an accident.
How is a loss of amenity calculated?
Loss of amenity for personal injury * cases can be difficult to assess. No amount of money can truly compensation for the loss in quality of life for a person and loss of amenity cannot be estimated by any calculator.
For physical injuries a medical report and receipts for doctors’ visits, medication etc. will prove a person’s injuries. To understand the extent that loss of amenity has had on a person, the person’s pre-accident lifestyle needs to be understood and compared to their post-accident lifestyle. This can be done through investigative measures such as statements and testimonies from family and people associated with the tasks they can no longer perform.
The injured party can also keep a diary of events and situations where the injury had impeded their quality and enjoyment of life – this may further support the claim.
Once the loss of quality of life has been determined, in some cases this may mean that the settlement amount suggested for the physical injuries and loss of earnings etc. may be adjusted to take loss of amenity into account.
Legal Time Limits
If a person wants to bring a claim forward they have a time period of two years to do so. The two-year period commences from the date of knowledge, otherwise known as the date of when the injury occurred. In the scenario where it is a child that suffers the injury, the date of knowledge starts on the day of their 18th birthday, this is because a child cannot make a claim by themselves. However, a guardian can submit a claim on their behalf.
TELL US ABOUT YOUR CASE
If you would like to discuss any aspect of this topic, our team of personal injury solicitors * in Dublin are on hand to answer any queries you may have. For a confidential discussion, please call Tracey Solicitors on 01 649 9900 or email email@example.com and tell us about your case.
With 30 years’ experience in personal injury * cases, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.