UK work accident solicitor explains how to determine the amount of compensation you can claim for neck fractures, scarring, hair loss, concussion and psychological injuries following a building site accident in Dundee in Scotland.
Building Site Work Accident Victim Question
I am a builder working for a large development company working in Scotland – Dundee, Aberdeen, Edinburgh and Glasgow.
A year ago I was working in on a building site in Dundee when a fork lift truck driver passed by with steel lintels and metal bars incorrectly secured. A metal bar fell off the fork lift and struck my head which caused me to be knocked unconscious.
I was taken to A& E at hospital on a spinal board. It turned out that I had broken a joint in my cervical spice. I have a scar on my head and I have lost a lot of hair and been told by the doctors that hair growth has been affected by the accident.
I have been depressed and out of work for the whole year.
I have a Scottish solicitor based in Aberdeen acting on my behalf and I have received an offer for settlement of my claim. The offer is not as much as I think that I should have for my injuries and the distress both me and my family have been through .
Building Site Work Accident Solicitor Response
The amount of compensation you should receive for your injury is not based on how much you want, but how much you are entitled to as a matter of law verified by evidence introduced by your solicitor in support of your claim.
There are two primary parts that make up the amount of compensation you are entitled:
1. Pain and suffering for your spinal injury – this is an amount awarded for the type of injuries you have suffered. You have described a broken cervical joint in the cervical spine, scar on your head, permanent hair damage, concussion and psychological injury.
Your solicitor should obtain expert medical evidence detailing the exact nature of your injuries, what the future holds for your recovery (including on going symptoms) and emotional distress with comments on your ability to work.
Based upon this evidence case-law can be found for similar injuries to others in the past for which the courts have made awards. As you have a potential high quantum (large value) claim – a barrister’s opinion on the calculation of quantum would be helpful.
To see the page I have written explaining about the advantages of a barrister’s opinion for determining how much a claim is worth, click barrister’s opinion to calculate compensation claim amounts.
2. Financial losses and expenses – this will vary from person to person and will depend exclusively upon your own individual circumstances.
Financial losses can include: lost income, medical expenses, travel expenses, assistance in the home (provided by friends and family), etc.
You have already indicated that you were absent from work for a year. If this can be proven as a result of your accident and supported by medical evidence – you should recover your net pay for this period and also any future lost income, including a payment for disadvantage on the open labour market if you are now back at work (a sum to compensate the fact that you might be less able to find future work due to your injuries should you lose your job in the future).
To see the page I have written explaining the types of financial loss you can claim following a work accident, click financial losses in work accident claims.
Should you wish to discuss the amount of compensation for neck fractures, scarring, hair loss, concussion and psychological injuries click building site work accident claim compensation calculator.