What Are Special Damages In Personal Injury Claims?
Compensation in personal injury claims is made up of two elements: General damages and Special damages.
General damages is the term used for compensation payable for pain, suffering and loss of amenity arising out of the injuries sustained in an accident, which may be physical and/or psychological.
Special damages in personal injury claims refer to the compensation that is awarded for specific financial losses incurred as a direct result of the accident. These types of damages are an integral part of a personal injury claims and can help individuals to recover various losses they have suffered because of their injury.
These losses may include:
- Loss of earnings
- Medical expenses
- Cost of care and assistance
- Travel expenses to medical appointments
- Costs of equipment or services required due to the injury
- Future care and assistance
The financial losses will include past losses and also future losses. For example this may include costs for future medical treatment, a future operation or procedure and ongoing care and assistance and adaptations.
How can I help my solicitor to claim for these damages?
To make sure that your solicitor is able to obtain the maximum amount of special damages for you, it is important that you keep accurate records of all the financial losses and expenses you incur.
It is crucial to provide evidence of the special damages you are seeking compensation to make a strong case.
Here are some ways that you can assist you solicitor with this:
- Keep all receipts and invoices of all expenses related to the injury. This can include any losses in relation to paying for care.
- Document for loss of earnings. If you have taken days off work as a result of your injury ensure that you keep a record of your lost earnings, make a note of when you started and ended your time off and any lost benefits. It is helpful to provide 3 months wage slips prior to the accident to show your net average income and then wage slips during the period of loss. If you are self employed you will need to provide evidence of accounts including profit and loss and balance sheets and evidence of any earnings.
- Keep a diary of all the travel expenses you have incurred for medical appointments. This can be train tickets, bus tickets or keeping track of your cars mileage.
In conclusion, by providing your solicitor with detailed and accurate information about the special damages that you are seeking compensation for, you can help your solicitor to build a strong case and increase your chances of a successful outcome for your personal injury claim.
If you’ve been involved in an accident and would like more information about making a claim, contact our helpful and experienced Personal Injury team on 0808 252 5231 for further guidance, or request a call back online.
The author of this blog is Ciara Carrey, Legal Clerk in our Personal Injury Team.