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Title: Crash KO'd martial arts

Date: 22 June 2011

 

Insurance settlement after accident
 
I have had severe whiplash for around 9 months
 
I didn't have any transport for 4 months. I haven't been able to train in taekwondo for 9 months
and I compete and train at a high level.
 
Does anyone know how to financially value the loss of taekwondo training time and competitions?
 
Cyclonite, MCN Legal Forum
 
Answer
 
The loss of the training time and competing will fall under the loss of amenity section of General Damages. Your claim will be split into 2 parts; compensation for General Damages (pain, suffering and loss of amenity) and compensation for Special Damages (financial losses past and future related to the accident). If you can prove that you have lost the chance of competition winnings (expert evidence / past track record) then this element would fall within the Special Damages claim.
 
I note you refer to a settlement but from your wording it would appear that you are still experiencing severe whiplash. As such it would be too early to settle your claim while the prognosis is far from certain. Remember that you can claim for the cost of private physiotherapy which may well assist your recovery. You can also claim for the travel expenses incurred as a result of not having any transport/loss of use. There are many other heads of damages that can be claimed and I suggest you seek expert legal advice if you have not already done so. A solicitor would be happy to act on a no-win, no-fee basis assuming liability isn't an issue or one that can be resolved in your favour.

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