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Broken Foot Injury Claim

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fluffy1010 | 16:06 Wed 30th Jan 2008 | Civil
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My husband had a accident at work several years ago due to no health & safety checks in the workplace. His foot and ankle were injured and he still has alot of pain and problems. His former employer has now taken the blame after alot of legal battles. He has been to another consultant today with more Xrays next week as his foot is going to be permently affected. He has had to change the type of job because of all this and he also was a semi professional drummer with is own band but has only been able to play twice in the last year because of pain. We now has a insurance claim going through, can anyone please tell me how long these things take and also will he get back his loss of earnings. This has affected him as being a drummer was his 1st love and he cannot play so much now.
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If someone has a hobby or other interest and the direct result of another's negligence is that they are no longer able to pursue that interest ,then they are entitled to some damages for that loss, to the extent that their quality of life has been affected. Loss of earnings: the claimant is entitled to be compensated for loss of present or potential future earnings as a direct result of the wrong, to the extent that there is a loss or reduction of their earning capacity.That part of the claim can include earnings earned part time. Both that and the loss of quality of life might not be a lot but can be: it all depends on the circumstances..

As to time, who knows? He'll have an up to date set of X rays and there'lll be a medical report. That's to help the parties in assessing the damages: the parties need to know how the injury has affected your husband over time and have some idea of how it will affect him in future. They can then finalise the 'quantum', the amount, of damages. This ought not to take long. Insurers are generally pretty quick once they have all the information.Lawyers and insurers have established guidelines and precedents, and they have their own professional experience, to help them and should be able to settle a straightforward claim without much argument.They'll be fully aware of all the heads (kinds) of damages under which they can claim .

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