Loss of Amenity Definition
What is the Loss of Amenity definition? Loss of Amenity is a legal term which occurs in injury compensation claims and relates to how your quality of life has been affected by an injury. This is a feature of a personal injury claim which acknowledges personal adjustments that have been made to your work, social and domestic lifestyle which are not financial. Loss of amenity compensation is highly relevant in injury compensation claims which involve children or parents of young children.
A loss of amenity would occur in situations such as:-
- A mechanic who is unable to enjoy watching television as his hearing has been damaged from working in noisy conditions
- A teenager who can no longer use a computer to contact and communicate with friends via social media as he/she has lost the use of an index finger following a school accident
- A recreational sportsman or woman who is unable to play golf, cricket or tennis after being involved in a slip and fall accident and injuring their wrist
- A mother who is unable to encourage her children at non-academic school projects such as sports days and nativity plays due to the whiplash injury she suffered
These factors of an injury compensation claim are not life-threatening, and to qualify for loss of amenity compensation they do not even have to be lasting. Compensation for loss of amenity is a monetary settlement for any loss of enjoyment of life also known as “inconvenience of incapacity”, which has occurred as a result of the negligence of a third party.
Calculating Loss of Amenity
A solicitor will need to ensure that a claim adheres to the loss of amenity definition. When calculating loss of amenity compensation, a solicitor will compare the victim’s quality of life before the accident with their lifestyle following the accident. To establish this with authenticity, the solicitor could speak with the family, friends and fellow workers of the victim and also have access to old photos. It is advisable to have a diary in order to detail any instance in which the injury hampered any efforts to lead a normal and functioning lifestyle.
Further Information on Loss of Amenity Compensation
If you seek further information on the loss of amenity definition, the Judicial Studies Board has published guidelines as to what can form part of an injury compensation claim, including loss of amenity. However if you wish to find out more about this aspect of a personal injury compensation claim and how it relates to your individual circumstances, you should discuss with a personal injury solicitor the full circumstances of your injury and the impact it has had upon your quality of life.