Disability comes in many forms, it can apply from birth, a medical disability, whether physical or mental, can develop in later life, and disabilities can also be caused by external events, such as accidents, whether in the workplace or from a car accident or such like.

Disability in connection with personal injury claims is a controversial issue in that English law is generally not generous when it comes to what are known as general damages for pain, suffering and loss of amenity. Where a small proportion of claims become far more substantial is where a claim is made for an ongoing disability or injury which results in an inability or restriction in working and potentially other long term needs.

These claims for special damages can be very substantial and are commonly contested by defendant’s insurers, especially where there is a claim for injuries such as whiplash, where the long term effects are often difficult to predict, and in this way, there are similarities with the issues which arise in the workplace when employers may dispute whether an employee has a disability which requires reasonable adjustments to be made. Some conditions do not of course lend themselves to easy diagnosis, such as depression or muscular-skeletal conditions which are difficult to form a definitive view on, even for specialist doctors.

There is consequently a significant overlap between certain aspects of employment law and personal injury work, and perhaps a new specialism should be created within the legal profession ? Instead of categorising lawyers as personal injury lawyers or employment lawyers, might there be a 3rd specialism. that of disability lawyer ?

If you have been in a road traffic accident you may be able to make a car accident injury claim.