Should I accept an Injuries Board assessment of the amount of compensation for a knee injury claim I should receive even if it seems too low to me?
It is impossible to establish whether you should accept the Injuries Board assessment of the amount of compensation you should receive without conducting an evaluation of your knee injury claim. The Injuries Board would have made their decision based on what information they were given when you submitted your application for assessment, along with the independent medical examination you underwent.
It is true that there is no specific area to expand on the negative impact your injury has had on your day-to-day life on either the online application or the paper copy of Application Form A. Therefore, the Injuries Board will have calculated the amount of compensation you were eligible for based only on the medical facts of your injury in accordance with your sex, age and general state of health prior to the accident.
It is important that your “loss of amenity” is included in your knee injury claim, i.e. if you cannot complete everyday tasks or participate in social or leisure activities you once enjoyed, and you would be advised to maintain a diary to record how your injured knee has affected your quality of life. You may also be able to include the element of emotional trauma in your claim. Financial expenses that can be attributed to your injury, such as loss of earnings or the cost of public transport can be recovered and also included in your compensation claim.
Every knee injury claim is unique, and with so many possible variables, it is easy to understand why. For this reason, you would be recommended to consult with a solicitor who can ascertain whether or not the assessment carried out by the Injuries Board reflects the extent of your injuries correctly or if it represents sufficient compensation for your injury.