What Are Special Damages And Can I Claim?

Have you suffered a personal injury and wish to claim compensation? Are you unsure about the difference between general damages and special damages? Special damages could make up a significant part of your settlement. In this guide, we shall discuss what are special damages and how they are calculated.

We then discuss general damages and whether you could claim just special damages in a personal injury claim. We also highlight the benefits of engaging a solicitor to claim damages for the defendant’s negligence and how we could help you in making our claim. At the end of the guide, we offer further information on personal injury claims.

If you need any clarification about special damages or have any questions about personal injury compensation, you could speak to a member of our advisory team. If you would like to find out if you are eligible to claim special damages, do reach out to us in the following ways-

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  1. What Are Special Damages In Personal Injury Claims?
  2. What Are General Damages In Personal Injury Claims?
  3. Can I Claim Just Special Damages In A Personal Injury Claim?
  4. Do I Need A Solicitor To Claim General and Special Damages?
  5. Contact Us For Free To See If You Can Make A Personal Injury Claim
  6. Read More About Personal Injury Claims

What Are Special Damages In Personal Injury Claims?

Special Damages are the financial losses incurred as a direct result of an injury that was caused by a third party’s negligent actions. These financial losses include out of pocket expenses and potentially lost earnings. The purpose of claiming special damages is to restore you to the financial position you were in before suffering the personal injury.

In order to claim personal injury compensation, it is necessary to establish the following-

  • The defendant owed a duty of care towards you.
  • The above duty was breached by the defendant.
  • You suffered a personal injury as a direct result of the defendant’s actions or inactions.

If you are interested in pursuing a personal injury claim and have any questions, such as what are special damages, do contact us and our team will guide you to the best of their ability.

How Are Special Damages Calculated?

While calculating special damages, you would need to organise any evidence of the financial loss you have suffered, such as receipts of the following-

  • Short-term Medical Expenses– This may include the doctor’s consultation fees, costs of medication, hospitalisation charges and diagnostic tests.
  • Long-term Medical Expenses- This could be for a physical injury requiring continuous treatment such as physiotherapy or the resultant mental trauma from an accident, which would require counselling or therapy.
  • Travel Expenses- This could cover the journeys undertaken by you to the hospital, whether it’s by your own car or public transport like train or bus.
  • Loss of Earnings– In addition to the out of pocket expenses incurred, you could claim compensation for the lost earnings due to time off work to recover from the physical injury. This includes the bonuses or overtime which you would’ve been entitled to if you had been healthy and the loss of benefits like pension and healthcare. You would need your payslips to claim for this.
  • Loss of Earning Capacity– If your physical injury prevents you from returning to your position at work and you are compelled to take a lower-paying role, you could be compensated for this difference.
  • Care Costs– If the nature of the physical injury or mental trauma is such that somebody else has to care for you, you could claim compensation for this expense as well.
  • Adaptations to your Home/Vehicle– If the physical injury leads to a condition like a permanent disability which would result in you having to make modifications to your home or your care, you can claim compensation for them.

Still confused? Do reach out to our team and we can help answer any questions you may have relating to what are special damages and how can I claim for my financial losses. Additionally, as loss of earnings constitutes a major part of these damages, an advisor can help with calculating loss of earnings.

What Are General Damages In Personal Injury Claims?

General damages comprise the pain and suffering, whether physical or psychological, caused by the defendant’s negligent actions. This also includes the loss of amenity, such as being unable to enjoy the hobbies you used to pursue before suffering the personal injury.

To claim general damages, it is important to establish the correlation between your injuries and the defendant’s breach of the duty of care. The factors which could determine the general damages you could claim for are-

  • Physical pain and suffering
  • Physical injury which impairs your mobility or your ability to perform daily tasks
  • Psychological injuries which cause mental anguish such as anxiety, PTSD, depression etc.

For more information about what are special damages and general damages and for a free claim valuation, speak to a member of our advisory team.

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Can I Claim Just Special Damages In A Personal Injury Claim? 

It is not possible to claim special damages on their own. Special damages are the compensation for financial losses caused by your injury. If you don’t have an injury, you don’t have a valid personal injury claim. Therefore, the court will award special damages only if they grant the general damages claimed.

Want to make a serious injury claim? Contact us to find out more.

Do I Need A Solicitor To Claim General and Special Damages?

While you don’t have to engage a personal injury solicitor, after knowing what are special damages, it is beneficial to have a professional. They would help you to collate all evidence of your general and special damages to ensure that all of your damages are accounted for. Once your claim is settled, it cannot be reopened for any reason, including if more damages become apparent. They can also help build a strong personal injury case for you.

An experienced solicitor can help:

  • Gather compelling supporting evidence.
  • Explain complex legal jargon and guide you through the personal injury claims process.
  • Ensure your claim is filed on time.
  • Fully explain ‘what are special damages?’.
  • Negotiate with the defendant.
  • Handle court documents while ensuring any court-set deadlines are adhered to.

Find out more about us and how we could help you to claim the compensation that you deserve.

Contact Us For Free To See If You Can Make A Personal Injury Claim

If you have an eligible personal injury claim, one of the solicitors from our panel would be happy to help you. Our panel of experienced and capable personal injury solicitors could work to secure a favourable outcome for you.

Worried about legal fees? Our solicitors offer their services on a No Win No fee basis under a Conditional Fee Agreement (CFA).

This means that there will be no upfront or ongoing solicitors’ fees and you will pay us only in case of a favourable outcome in your case. This is called a ‘Success Fee’. Your No Win No Fee Agreement will mention what proportion of the compensation shall go towards the payment. The law imposes a cap on this percentage.

Would you like to discuss further what is a  Conditional Fee Agreement? Talk to our team for more information and we can also provide further guidance on the solicitor’s success fee.

Are you interested in pursuing a personal injury claim, or need further help understanding what are special damages? Contact us through the following options-

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Read More About Personal Injury Claims

Here are some more guides from our website which you could find useful-

External Resources which you may find helpful-

Thank you for reading our guide about what are special damages. Please get in touch with any further questions.