Q&A Can you claim compensation for loss of earnings as well as injury damages?

Q:        My son injured his hand due to faulty equipment at a theme park he visited with his kids. He reported it to someone there, but because he was only ‘walking wounded’ they just directed him to on-site First Aid where it was bandaged up and he was sent on his way. The problem is that he is diabetic, and the wound later became badly infected and turned to sepsis and he had to have two fingers amputated. I said I thought he should claim compensation, but he says the injury wasn’t bad enough at the time and if he wasn’t diabetic, he wouldn’t have got sepsis. Could he at least claim compensation for loss of earnings?

A:        The first thing to say is that the theme park has a duty of care to users to maintain its equipment and keep them safe. Regardless of how minor your son’s injury was, if it can be proven that it was due to faulty equipment, he should be entitled to claim compensation from the theme park. The fact that he is diabetic is irrelevant – you take your victim as you find them.

Compensation awards made for personal injury claims are usually made up of two parts - general damages and special damages. General damages cover is for the pain and suffering together with the loss of being able to do things e.g. social life, sports and hobbies. Special damages are awarded to cover actual measurable financial losses and expenses incurred as a result of the person’s accident. This includes care and assistance costs, loss of earnings, travel costs getting to appointments etc.

Your son should compile a timeline of all his appointments, costs and other relevant information and make an appointment to see a local personal injury lawyer as soon as possible.

This question has been answered by Claire Parfitt, a Senior Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194 

Claire Parfitt

Claire Parfitt

Senior Solicitor

Part of our Civil Litigation, Personal Injury and Dispute Resolution team in Oswestry and Wrexham