Can I return to court for more compensation if my condition gets worse after settlement of my personal injury claim?
When the court makes a lump sum award of compensation, it is intended to cover your past and future pain and suffering as well as other losses. It is designed to be a full and final settlement, you never return to court for more. This principle can sometimes result in unfairness.
For example, if at the time of the trial, you have no problems with your sight, but there is a 15% chance that in future you will lose your sight in one eye, the judge may award you £3,862.50 (i.e. 15% of the £25,750 normally awarded for loss of sight in one eye).
If you then lose your sight in that eye, you will be under-compensated by £21,887.50 if you don’t return to court for more compensation.
On the other hand, if you don’t lose your sight in one eye, the person who caused your injuries will have paid you an extra £3,862.50 in compensation which he can not get back.
Provisional compensation (Commonly known as provisional damages) are aimed at solving the injustice which can be caused by the “full and final settlement” principle.
You may claim provisional compensation if there is a chance that in the future you will as a result of the fault of the other person, develop some serious disease or suffer some serious deterioration in your physical or mental condition.
A claim for provisional compensation is based on medical evidence showing that there is a chance of a serious disease or deterioration developing.
The most common instances in which provisional damages have been awarded are where there is a chance of the person making the claim likely to suffer from epilepsy or from disease such as cancer or arthritis.
Your personal injury lawyer will advise you if your claim meets the requirements of a claim for provisional compensation. Insurance companies don’t like such claims but it is a useful weapon for you to claim more damages and to cover future deterioration in your condition.
Asiimwe Balinda
Personal injury solicitor