I want to claim compensation for a street trip injury. How much compensation can I claim and what expenses can I recover when I make a street trip injury claim?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

The Injuries Board is responsible for determining how much you will receive as ‘general damages’ when you claim compensation for a street trip. General damages are calculated for your pain, suffering and loss of amenity and will be based on the information submitted by your doctor on the medical assessment form (Form B) with reference to the Book of Quantum.

Ensuring that your injuries are thoroughly assessed and properly documented will make sure that you receive your full entitlement to compensation for a street trip in a general damages settlement. You are given the opportunity to add to anything which your doctor has detailed on the claim form if you do not feel that your doctor has thoroughly assessed all of your injuries. It is likely that if you complete this section of the application for assessment (Form A) that the Injuries Board may arrange for a further medical examination to be conducted.

You must stipulate any expenses you have incurred as a direct result of the street trip on page four of the application for assessment (or Section 6 if completing an online application). Some aspects of special damages have a separate section on the claims form; such as loss of earnings and medical expenses. You can include any loss of net earnings as a result of absence from work when you claim compensation for a street trip, minus any payment of sick pay or State benefit which you are due to receive. Loss of earnings can include loss of overtime; however only if you would have had the opportunity to earn overtime and have worked overtime in the recent past. Earnings will be checked against your PPS number and tax returns when loss of earnings is included in a claim for compensation for a street trip injury.

Medical expenses can be included and need to be detailed separately on your application for assessment. You must include receipts for any expenses – or a credit card statement indicating the costs incurred– and must obtain proof of any future medical expense. Calculating future medical costs can be problematic in a claim for street trip injury, and it is strongly recommended that you speak with a personal injury solicitor for advice about including future medical costs in your street trip claim.

A personal injury solicitor will help to obtain documentation to support future medical costs, in addition to assessing whether any other expense can be included as special damages when you claim compensation for a street trip. Typically the other expenses which can be included when you claim compensation for a street trip are transportation costs – such as when you cannot drive and need to take public transport – costs for any ambulatory devices, orthotics and prosthetics, home help costs and even any changes to accommodation as a result of your injuries.

Claiming compensation for a street trip injury is a one time opportunity to receive financial recompense for your injuries, so it is vital that all costs and expenses are included on the street trip injury claim. They cannot be added at a later stage once the street trip claim has been submitted.

There are strict penalties for falsely claiming for expenses in a street trip injury compensation claim or for exaggerating costs, and if you are in any doubt as to the legitimacy of an expense – both past and future – you should speak with a solicitor for advice.