What categories of compensation are there?

Compensation is under a number of headings. The main ones are:

• solatium (called general damages in England) – for the pain and suffering. While logically it is nonsense to say that a broken wrist is worth one amount, an amputated arm is worth another, post-traumatic stress disorder is worth yet another, the law has built up a price list for all sorts of diseases and injuries, and which can also be increased or reduced by additional factors such as age and condition of the victim. Courts are bound by decisions of previous courts in cases involving similar injuries. There are now volumes of case reports which can be checked by courts, solicitors and insurance companies to compare and value claims; 
• loss of earnings – if you are off work because of an injury caused by someone else’s fault, then it is fair that that person or their insurers pay you back wages you have lost; if by the time the claim is settled or the court decides on an award you are still off work, then compensation for future loss of earnings is assessed. This is done with the assistance of medical evidence of the prognosis of your recovery in the future, as well as specialist evidence from an employment consultant if for example you cannot return to your previous employment and must look for new and less well-paid work; loss of society – if you are suing after a lived one has died, you can get compensation on well-accepted scales. But this is an unsatisfactory area of damages, as the awards are pitiful when you consider the hurt of losing a child or a parent;
• out-of-pocket expenses. This may include necessary taxi fares to clinics for treatment, hire of a vehicle while yours is off the road, replacement of lost or damaged property, and many more examples;
• services. If you have been injured and require either professional care, or additional care provided by a family member, or both, this can be calculated financially and claimed from the opponent;
• loss of society: for a close family member whose (mainly) parent, child or spouse has been killed in an accident
• loss of support: if that deceased person was say a husband whose earnings were relied upon by a claimant widow and children and of course legal expenses

How is compensation calculated?

Compensation is based on the loss and injury you have suffered, not on the culpability of the person who caused the accident or whatever. We do not, unlike some other legal systems, have punitive or exemplary damages. For example, two cars hit two pedestrians. One victim has multiple fractures and is off work for months, the other just has a bruised shin. Both drivers were equally careless. The first claimant will get tens of thousands, but the other, a few hundred pounds.

What evidence is needed to prove financial loss?

It is usually down to paperwork - written confirmation from employers as to wages lost, if an accident causes time off work; expenses incurred in additional transport such as taxis to clinics, pharmacy costs for prescriptions, equipment for medical or other treatment; fees dues for specialist reports on loss of employability or suitable re-employment;

What evidence is needed to prove negligence?

Evidence can be by eye or personal witness, by medical personnel who treated you or have been asked for expert opinion – this can include GP, and specialists in the appropriate field of medical expertise; documentation; research material – anything that will help your lawyers to show that the accident was the fault of the opponent and that their conduct did not meet the standard required by the law. Where there is injury you must get suitable medical evidence.