What does loss of amenity mean?

This guide explains what loss of amenity means and how loss of amenities is calculated in personal injury compensation claims.

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What is loss of amenity?

If you suffer an injury or illness, this can have various negative impacts on your life. On one hand, it can cause you to miss work and pay for medical treatments, leading to financial losses. On the other hand, it can affect your ability to enjoy life and engage in activities you once enjoyed. In the context of a personal injury claim, the latter is known as loss of amenity.

If another party was responsible for the harm you suffered, you can claim loss of amenity compensation from them. Your personal injury solicitor will help you gather all the evidence you need to prove your losses, which could include medical records, witness statements and expert testimony.

In the following guide, we will answer the question, what is loss of amenity? We will also provide examples and explain how compensation for loss of amenity is calculated. If you would like to find out more or discuss making a compensation claim for the pain and suffering caused to you by a third party, call 0800 470 0474 today for free legal advice or request a call back.

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What does loss of amenity mean in a personal injury claim?

The compensation in personal injury claims is based on two types of damages:

Special damages are awarded for financial losses and expenses incurred due to the injury, such as medical bills, care costs during recovery, the cost of medical aids and loss of earnings from taking time off work.
General damages are awarded for the pain, suffering, and loss of amenities caused by your injuries. The loss of amenity refers to the negative impact of an injury or illness on your ability to enjoy life and engage in everyday activities. It is recognised as a non-pecuniary aspect of the harm you suffered and will be taken into account when calculating your compensation award.

Loss of amenities can manifest in various ways, such as not being able to do sports or hobbies you used to enjoy, but can also involve limitations in mobility or independence. It also covers the decrease in the quality of life experienced as a result of the harm you suffered.

Essentially, this aspect of a claim recognises that the impact of an injury extends beyond just financial losses and includes the effect on your ability to lead a fulfilling and enjoyable life.

Examples of loss of amenity

The loss of amenity compensation in personal injury claims can include an injury’s impact on various aspects of your life, such as:

Physical activities. If you enjoyed playing sports, hiking, or dancing and can no longer participate due to your injury, this is a loss of amenity.
Hobbies and interests. Being unable to engage in hobbies like gardening, painting, or playing musical instruments.
Social life. You can also receive compensation for no longer being able to attend social gatherings, family events, or go out with friends as you used to.
Family life. An injury or illness can affect your ability to care for your children, play with them or do household chores.
Travel and leisure. If your injury prevents you from travelling or taking vacations, which you previously enjoyed, this is considered a loss of amenity.
Daily activities. You may find it difficult or be unable to perform everyday tasks like cooking, cleaning, shopping, or driving, which can also be considered a loss of amenity.
Independence. If you need help with personal care or are unable to live alone due to the injury, your quality of life can be affected.
Work and career. If you can no longer pursue your chosen career or have to switch to a less fulfilling job because of the injury, you can also include this in your loss of amenity claim.

What injuries could lead to loss of amenity?

All types of injuries and illnesses could impact your ability to enjoy life and perform everyday activities, leading to a loss of amenity. For example:

Fractures and broken bones can limit mobility and the ability to participate in physical activities;
Brain injuries can affect cognitive function, lead to loss of sensation and impaired motor functions;
Hearing loss can affect your social interactions and the ability to enjoy activities like listening to music or playing an instrument;
Partial or total vision loss can severely impact your quality of life and independence;
Chronic illnesses like silicosis, carpal tunnel syndrome or occupational asthma can lead to long-term disability and lifestyle changes;
Psychological injuries like PTSD or depression can affect daily functioning;
Amputations can significantly impact mobility, independence and the ability to work and perform daily tasks;
Soft tissue injuries can limit physical activity and cause chronic pain;
Severe burns can lead to scarring and disfigurement, affecting your social interactions and overall well-being.

These are just a few examples of injuries for which you could claim personal injury compensation for loss of amenity.

Can I claim compensation for loss of amenity?

To find out if you can claim compensation for your pain, suffering, and loss of amenities, all you have to do is get in touch with an experienced personal injury lawyer. They will verify whether your case has merit by answering these three questions:

Did another party owe you a legal duty of care?
Did they breach their duty by acting negligently?
Was your injury caused by their actions or omissions?

If the pain and suffering you’ve endured were caused by somebody else and they owed you a legal duty, you will most likely be able to make a claim. Your solicitor will help you gather as much evidence as possible to support your case and offer you support and advice throughout all the steps of the claims process.

Common accidents leading to compensation claims

Some everyday situations that often lead to personal injury claims for loss of amenity include:

Road traffic accidents. Road collisions can result in severe injuries such as fractures, brain trauma and spinal cord damage, which can significantly limit your mobility and overall physical capabilities. As a result, you may no longer be able to participate in activities you once enjoyed, such as playing sports or hiking.
Accidents at work. Workplace accidents, such as those involving heavy machinery, falls from heights, or repetitive strain, can lead to long-term or permanent injuries. These injuries often result in chronic pain and physical limitations, resulting in a lower quality of life.
Criminal assaults. Victims of criminal assaults may suffer from both physical and psychological injuries, such as broken bones, scars, PTSD, and anxiety. Because of these, you may no longer be able to participate in hobbies or engage in social activities.
Public place accidents. Accidents in public places, such as slipping on a wet floor in a supermarket or tripping over an uneven pavement, can cause injuries like fractures or sprains. These can impact your ability to move around freely, perform daily activities or enjoy social outings.
Medical negligence. Medical negligence, such as a surgical error or misdiagnosis, can lead to serious health complications, including nerve damage, chronic pain, or worsened medical conditions. These can prevent you from returning to your job, hobbies and social activities.
Sports accidents. Sports accidents can result in severe injuries like torn ligaments, fractures, or concussions. These injuries often require long recovery periods and may result in permanent disability. As a result, you may no longer be able to participate in the sports you love or engage in other physical activities.
Defective Products. Injuries from defective products, such as a malfunctioning ladder or a faulty appliance, can cause serious harm, such as broken bones, burns, or head injuries. These can prevent you from performing daily tasks and enjoying your hobbies.
Industrial diseases. Long-term exposure to unsafe conditions at work, such as asbestos or heavy lifting, can result in serious health issues, including respiratory diseases, cancer and chronic pain. These can profoundly impact your quality of life and ability to perform even simple daily tasks.

How do you prove loss of amenity?

When you make a claim for loss of amenity, you need relevant evidence to explain the amount you are seeking from the defendant. For your injuries, you could use supporting proof such as medical reports and diagnostic tests. Similarly, you can use witness testimony or photographs to show how the accident occurred or receipts and invoices to prove your financial losses.

While a loss of amenity is less tangible, it could be supported by:

Statements from colleagues, friends and family. Your co-workers and loved ones can confirm how your life has been affected by your injuries. They can provide a statement to confirm any events or activities you used to participate in and have missed out on since your accident.
Old photographs or videos. These can show any hobbies or activities you used to enjoy, such as playing football, hiking or playing in a band.
Your testimony. If you decide to claim damages for loss of amenity, you should write down all the ways in which the injury has impacted your life. You should also note the dates of any social events, family meetings, trips or leisure activities you could not attend due to your situation.
Other documents. You can also use other documents to prove the lifestyle you had before the injury, such as proof of membership to a club or gym.

How is loss of amenity calculated?

Unlike other aspects of your claim, such as medical expenses or lost wages, loss of amenity does not have a forthright monetary value. Instead, your solicitor will evaluate it based on the available evidence and previous cases. Some determining factors include:

How long the injury will affect your life – whether your loss of amenity is temporary, long-time or permanent;
The extent to which the accident has diminished your quality of life – for example, you will receive more compensation if it has affected a hobby that you do almost every day compared to one you only do once in a while;
Whether the loss of amenity has also affected your emotional and psychological well-being – for this, you will need an official assessment by a mental health professional;
Other determining factors may include your age, life expectancy and line of work.

How much compensation could I receive for loss of amenity?

Loss of amenity in personal injury claims is part of your general damages. These cover the physical and mental pain suffered as a result of the injury, as well as the loss of enjoyment of life.

General damages are non-pecuniary losses with no fixed financial value attached to them. Instead, they are based mainly on the type and severity of your injury and the compensation guidelines published by the Judicial College. For example, you could receive:

£6,910 to £132,040 for hearing loss or reduction, with or without tinnitus
£2,220 to £228,720 for eye injuries that range from minor trauma to complete blindness
£2,020 to £ 240,590 for leg injuries, with the upper bracket awarded for loss of both legs above the knee
£1,960 to £151,070 for back injuries ranging from minor strains to spinal cord damage and permanent disability
£5,630 to £281,520 for arm injuries, with the most compensation awarded for amputation of both arms
£1,760 to £379,100 for head injuries that range from minor concussions to severe brain trauma

How long do I have to claim compensation for loss of amenity?

The time limit to make a personal injury claim is set by the Limitation Act 1980 and is typically three years starting from:

The date of the accident that affected your life;
The date your injury or illness is diagnosed (the date of knowledge).

In certain situations, the time limit to claim compensation for a personal injury is different from three years, including:

With child injury claims, there is no time limit for a parent to seek compensation on their behalf before the child’s 18th birthday.
The time limit is put on hold if the claimant lacks mental capacity due to a brain injury, PTSD or a pre-existing condition such as Alzheimer’s.
Claims through the CICA following criminal assaults have a two-year time limit.

Do solicitors offer a No Win No Fee service?

If you have a valid claim for loss of amenity and other damages incurred because of your injuries, your solicitor will offer you a no win no fee* service. Under this legal arrangement, you do not have to pay them anything upfront.

Furthermore, your solicitor will waive their fee if the case is lost. However, if the claim is successful, their fee, typically known as a success fee, will be deducted from your compensation award (capped at 25% of your settlement).

No win no fee also involves taking out After the Event (ATE) insurance. The ATE provides protection against the risk of having to pay the costs of litigation if the claim is unsuccessful. It covers expenses such as court fees, expert witness fees, and the opponent’s legal costs, and you do not have to pay the ATE premium if the case fails.

To speak with a legal adviser about ‘What does loss of amenity mean’ and how you can start a claim for compensation, call 0800 470 0474 or use our contact form to request a free consultation.