What Are Personal Injury Claim Special Damages?

What are personal injury claim special damages guide

What are personal injury claim special damages guide

Have you sustained injuries due to someone else’s negligence? If so, you may be entitled to compensation. When you make a successful personal injury claim, the compensation is split into general damages and special damages.

 This guide will look at the differences between these two types of damages and what they compensate for. Suffering an injury due to someone else breaching their duty of care can have a significant impact on your daily life.

What Are The Different Types Of Damages You Could Claim?

Special damages can help you get your life back on track and reimburse you for the financial loss you may have suffered due to your injury. Our team of advisers would be happy to have a chat with you about your situation.

They’re available 24/7 to offer free legal advice and assess how much compensation you may be entitled to. If you have a valid claim, they can connect you to a personal injury solicitor to begin working on your claim.

You can get in touch with our expert team of advisers by:

  • Calling them on 0800 073 8801 to receive legal advice for free.
  • Chatting with an adviser via our live chat pop-up box for an instant reply.
  • Filling out our online claims form to receive a response whenever you’re next available.

Select A Section

  1. A Guide On How To Claim For Special Damages
  2. What Is Special Damages?
  3. Expenses Covered By Special Damages
  4. Do Special Damages Always Apply To Your Claim?
  5. Calculating Special Damages Payouts
  6. How Do I Prove My Losses?
  7. Eligibility To Make A Personal Injury Claim
  8. What Is The Difference Between Special Damages And General Damages?
  9. Are You Able To Claim Both Types Of Damages?
  10. How Much Is A Bodily Injury Claim Worth?
  11. Do No Win No Fee Claims Include Special Damages?
  12. Talk To An Expert
  13. Essential References
  14. FAQs

A Guide On How To Claim For Special Damages

Firstly, this guide will explore what special damages are and what expenses these cover. It will then look at whether special damages always apply to your claim and how they’re calculated. Moreover, there’ll be a section discussing the eligibility to make a personal injury claim.

Next, the article will talk about the difference between special damages and general damages as well as whether you’re able to claim both types of damages. Additionally, there’ll be a compensation table showing how much compensation some injuries have been awarded in past court settlements.

Furthermore, there’ll be a section explaining what No Win No Fee agreements are and whether our personal injury solicitors work on this basis. Finally, there’ll be some further guides and FAQ’s to offer you as much information as possible about special damages.

What Is Special Damages?

If you make a successful personal injury claim you can be awarded two Heads of Loss. These are general damages that provide compensation for your pain and suffering caused by the injury. There are also special damages that look to compensate you for the financial repercussions of your injury.

Special damages are a type of compensation some claimants are awarded. It compensates for the financial impact an injury has had on someone’s life, for example, if they had to spend their own money travelling to and from medical appointments.

However, special damages are hard to claim if no evidence is provided during the case. This evidence will be used to prove you suffered a financial loss due to your injuries. An example of this evidence could be bus tickets to prove that you paid out of pocket to travel to medical appointments.

If you’d like to discuss special damages in more depth, you can get in touch with our expert team of advisers. They’d be happy to explore special damages and the kind of financial loss they can compensate for. They can also assess how much special damages you may be entitled to, as well as how much general damages.

Expenses Covered By Special Damages

What is an example of special damages?

Here are some examples of what special damages can cover:

  • Loss of earnings – If you had to take time off work whilst healing from your injuries, you may have suffered a loss of earnings.
  • Care costs – You may have had to hire a carer to look after you whilst you’re recovering from your injuries. A carer can handle household tasks, such as cleaning and cooking. Alternatively, you may usually care for an elderly family member and your injury prevented you from doing this. Therefore, you may have to hire a carer to look after the family member whilst you recover from your injuries.
  • Prescription costs – You may have had to spend your own money on prescription medication for your injuries. Special damages can compensate you for this.
  • Travel costs – If your injuries require you to attend medical appointments, you may have to pay out of pocket to travel to and back from them. For example, by taking the bus or taxi.

If you’d like to learn more about examples of what special damages can cover, you can get in touch with our team of advisers. If you have a legitimate claim, an adviser can connect you to a personal injury solicitor. They can then discuss different damages with you.

Do Special Damages Always Apply To Your Claim?

Special damages only apply to your claim if you’ve suffered a financial loss due to your injury. You must have had to pay out of pocket for something directly due to your injury, such as prescription medication, to receive special damages. Or you must have lost money such as loss of earnings to claim special damages.

If you’ve suffered a physical and mental impact due to your injury but no financial loss, you may only be eligible to receive general damages. You can discuss this with your personal injury lawyer when you begin working on your case.

To discuss special damages further and whether you may be eligible to receive them, you can contact our team of advisers. They’d be happy to discuss your situation and offer free legal advice. If you have a valid claim, they can connect you to a personal injury solicitor to explore your case further.

Calculating Special Damages Payouts

When making a personal injury claim, your personal injury lawyer will examine how much compensation in special damages you may be entitled to. Your special damages and general damages will combine to make the compensation amount you’ll receive, so it’s important to calculate the maximum amount of special damages you’re owed.

Your personal injury solicitor, if you have decided to appoint one, will typically calculate how much special damages you’re entitled to by looking at the evidence you’ve collected. This evidence will show how much money you’ve paid out of pocket due to your injury, which will then equal how much special damages you’re entitled to.

This will include looking at your bank statements to see how much money you spent because of your injury. This bank statement will typically be compared to the month before to see the difference. Moreover, they’ll look at receipts for expenses and other forms of evidence to form a schedule outlining your financial loss.

To explore how much special damages you may be owed, you can contact our team of advisers. They’d be happy to have a chat with you about your situation and assess how much compensation you may be entitled to.

How Do I Prove My Losses?

It’s difficult to claim special damages if you don’t provide evidence of your financial loss. Here are some examples of evidence you can provide in your claim:

  • Bank statements – Bank statements can prove how much money you spent due to your injuries. For example, it can show if you paid for a carer, travel, or for prescription medication.
  • Payslips – This can show how much you get paid each month. Therefore, it will show if you got paid less than usual when you sustained your injuries. You may receive SSP and get paid less as you have to take time off work to recover from your injuries.
  • Bus or train tickets – These can show how much money you spent out of pocket to travel to and from medical appointments. Alongside this, you can provide appointment letters to prove that you had an appointment on the same date that you travelled.
  • Prescriptions – This will help prove that you spent your own money on prescription medication to help your injuries heal. You can also provide bank statements alongside these prescriptions to show that you paid out of pocket

Eligibility To Make A Personal Injury Claim

To make a personal injury claim, you must provide evidence showing how the party you hold liable had a duty of care to your safety, which was breached through negligence. This negligence will have gone on to cause an injury that could have been avoided.  Here are some examples of accidents due to negligence:

  • Slips, trips and falls – For example, this could happen in a supermarket if a wet floor sign isn’t present near a spillage. Slipping and falling onto the floor could result in a severe ankle, leg, wrist, arm or back injury (depending on how you land). This type of public place accident would be due to negligence, as a wet floor sign should’ve been present. The Occupiers’ Liability Act 1957 states that anyone who controls or occupies a public space has a duty of care to protect and safeguard the public who have access to it.
  • Machinery accident – An example of this could be an accident at work. This could cause extremely dangerous finger, hand, wrist or arm injuries. The Health and Safety at Work etc. Act 1974 outlines that employers have a duty of care to safeguard employees by minimising hazards as much as reasonably possible. If an employee wasn’t properly trained or the machinery was faulty, they may be eligible to make a personal injury claim.
  • Road traffic accident – A car accident could cause serious injuries such as a broken leg, broken arm, broken ankle or broken wrist. The Road Traffic Act 1988 states that all road users must follow the rules of the road to keep all road users safe. If a driver breaks a rule and a crash occurs as a result, the other driver who suffered injuries may be eligible to make a personal injury claim.

What Is The Difference Between Special Damages And General Damages?

General damages compensate for the actual injury and how it’s affected you mentally and physically. The awarded compensation will depend on how severe your injury is and how long your treatment takes.

An example of mental effects an accident could cause is post-traumatic stress disorder and mental anguish. These could arise due to a fear that the injury will occur again and therefore avoiding doing certain activities.

Special damages compensate for the financial impact the injury has had on your life. For example, you may have suffered a loss of earnings when taking time off work whilst you recover from your injuries.

However, it’s difficult to claim special damages without evidence proving that you suffered a financial loss. An example of evidence to prove you suffered a loss of earnings could be payslips.

You can contact our team of advisers today to explore what special damages and general damages you may be entitled to. They can then forward you to a personal injury lawyer if you have a valid claim.

Are You Able To Claim Both Types Of Damages?

General damages can be awarded alone. But to qualify for special damages you must be awarded general damages in a personal injury claim. If you’ve suffered a financial loss as well as physical and mental issues, you may be able to claim both types of damages.

If you’d like to discuss both types of damages further, you can contact our friendly team of advisers for free legal advice. They can have a chat about your situation and assess how much compensation you may be entitled to.

How Much Is A Bodily Injury Claim Worth?

You may find a personal injury claims calculator on some other guides. Instead, this guide has a compensation table with the latest Judicial College JC Guidelines figures. The JC is a publication that has guideline bracket amounts for general damages. These figures have been taken from past cases that have concluded in the courts. The table does not include special damages. This table should only be used as a guide as every case is different.

The below table is used for example purposes only and the figures may vary.

Injury:Notes:Compensation:
Post-Traumatic Stress DisorderSevere. The injured person is unable to work anymore and can’t function the same as they did before the trauma.£56,180 to £94,470
Post-Traumatic Stress DisorderModerately Severe. Significant long-term disability but recovery will be possible if the person seeks professional help.£21,730 to £56,180
Ankle InjuriesVery Severe. Transmalleolar fracture to the ankle leading to soft-tissue damage. This causes deformity and possible below-knee amputation if future ankle injuries arise.£46,980 to £65,420
Ankle InjuriesModerate. Ligamentous tears and fractures causing minor difficulties, such as finding it difficult to walk on ground that’s uneven. £12,900 to £24,950
Wrist InjuriesThe wrist loses all its function, for example, an arthrodesis has been carried out.£44,690 to £56,180
Wrist InjuriesSome wrist movement is still apparent but there is a significant disability that’s permanent.£22,990 to £36,770

Most personal injury claims are split into general damages and special damages. The above table shows general damages and the awarded bracket is based on the severity and treatment length.

Do No Win No Fee Claims Include Special Damages?

No Win No Fee agreements, also known as Conditional Fee Agreements, is a type of contract entered into by the claimant and the solicitor. It outlines the terms and conditions of the service that the solicitor will provide and what must be met for the solicitor to receive their fee. The fee is calculated as a success fee and take only when compensation is awarded.

If your claim fails, you don’t have to pay your solicitors fees. If your claim succeeds, a small, legally capped percentage will be deducted from your compensation by your lawyer. This percentage will reflect their work on your case.

There are many financial benefits to this type of agreement and little to lose, so why wait? You can get in touch with our team of advisers today to have a chat about your situation. They can offer free legal advice and have a chat about No Win No Fee agreements.

Talk To An Expert

Our friendly team of advisers would be happy to answer any questions you may have. In addition, they can assess how much compensation you may be owed. You’re under no obligation to continue with our services after receiving free legal advice from an adviser.

However, if you’d like to pursue a claim, an adviser can connect you with a personal injury solicitor if your claim is valid. The lawyer can then explore No Win No Fee agreements with you.

You can contact our team of advisers by:

  • Giving them a call on 0800 073 8801 to have a chat about your case.
  • Putting your information into our online claims form to receive a response at your next available opportunity.
  • Using our live chat pop-up box to chat with an adviser right now.

Essential References 

How Do I Know If I’ve Broken A Bone? – If you suspect you may have suffered a bone fracture, this NHS guide includes helpful information.

Broken Ankle – Do you think you may have suffered a broken ankle injury? This NHS article explores a fractured ankle.

Motor Insurers’ Bureau – If you’ve been in a car accident with an uninsured or stolen car, the MIB may be able to help with your claim.

Wrongful Death Claim – If a loved one has passed away due to someone else’s negligence, our guide looks at how you can make a fatal accident claim.

Accident At Work Claim – Have you suffered a workplace accident due to your employer’s negligence? Our article explores how to make a personal injury claim.

Food Allergy Claims Solicitors – If you’ve suffered a food allergy due to negligence, our guide discusses how you may be able to make a claim.

FAQs

Are pain and suffering special damages?

Special damages don’t include pain and suffering, they compensate for the financial loss the injury has caused.

Is special damages pecuniary damage?

Yes, special damages compensate for financial loss.

How long does a compensation claim usually take?

Each compensation claim will take a different amount of time. If a claim goes to court, it will take longer. However, the majority of claims don’t go to court as lawyers want to avoid this.

Thank you for reading our guide about special damages. 

Guide By SN

Edited By MM