What’s The Difference Between Special Damages and General Damages?

Have you suffered financially because of a personal injury? Was someone else at fault for the harm you underwent? If so, you don’t need to struggle alone: a personal injury claim could help you recoup some of the money you’ve lost.

In this guide, we’ll explore everything you need to know about personal injury compensation. This includes the two different headings that can make up your final award and how each of these headings are calculated.

We understand that the personal injury claims process can seem complicated and that it can be hard to find straightforward information, but don’t worry: We explain everything in readable, understandable terms, and our advisors do, too.

If you’d rather talk to a member of our team, you can get in touch for free by:

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Jump to a Section

  1. What Are Special Damages?
  2. How Are Special Damages Calculated?
  3. What Are General Damages?
  4. Evidence To Support Your Personal Injury Claim
  5. Am I Eligible To Make A Personal Injury Claim For Special Or General Damages?
  6. Do I Need A Solicitor To Claim Special Damages?
  7. Learn More

What Are Special Damages?

The physical pain and suffering of a personal injury aren’t the only things you need to worry about after an accident; many injuries require time off work to recover, and some need specialist help, prescriptions, or even home adjustments. And oftentimes, these costs can come out of your own pocket.

This is where special damages can help. This is one of two potential heads of claim that can come together to form your final compensation payout, and it’s aimed towards your financial losses.

Special Damages Examples

So, what kinds of losses could you claim for under special damages? This heading could potentially help you cover the cost of:

  • Lost earnings
  • Mobility aids, like a scooter or a cane
  • Home adjustments, for example, having doorways widened to fit a wheelchair
  • Childcare
  • Cosmetic aids, like wigs
  • Cosmetic or corrective surgeries
  • Private healthcare treatments to avoid NHS waiting times
  • Prescriptions

Interim Payments

If you’re making a serious injury claim, like a serious head injury claim or a severe spinal injury claim, then you may be able to apply for an interim payment. This is basically an advance on your compensation, so they’re only approved in cases where the claim has a high chance of succeeding.

Interim payments are used to pay for immediate and important costs related to your injuries. For example, if you suffered a severe back injury at a train station, you may need an interim payment to pay for immediate rehabilitation costs.

If you are given an interim payment, then the total amount you receive is taken off your final compensation amount.

Keep reading to learn more about the difference between special damages and general damages. You can also talk to one of our friendly advisors today to learn more.

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How Are Special Damages Calculated?

Special damages are calculated by totalling up all of the financial losses you suffered because of your injuries.

Different losses are calculated in different ways: for example, future lost earnings are calculated with a special formula from the Ogden tables, whereas past lost earnings would be calculated by looking at your past wage slips.

This is why having evidence to prove your losses is so important; without a reference, like an invoice or bank statement, it’s impossible to calculate the loss. Sometimes, this means you can’t claim it back.

Our team of advisors can give you more information on how special damages are calculated when you get in touch with our team today.

What Are General Damages?

If you successfully sue someone for a personal injury, you will receive general damages. Everyone who makes a successful claim gets compensation under this heading, because it addresses your injuries.

This includes your physical injuries, like fractures or soft tissue damage, but it also covers the effects of psychological injuries, like depression or post-traumatic stress disorder (PTSD).

It is important to note that you cannot claim special damages without also claiming for special damages. This is because special damages are awarded for the financial losses suffered due to your injuries.

How Are General Damages Calculated?

When this heading is calculated, the Judicial College Guideline (JCG) can help. This is because the JCG contains a list of common injuries and illnesses and provides guideline compensation amounts for each one.

You can see some examples of these below, but please keep in mind that these are not guaranteed, and the top entry is not from the JCG.

InjuriesCompensation Bracket
Multiple Severe Injuries And Special Damages, Which May Include Lost WagesUp to £1,000,000+
Brain Damage - Very Severe£344,150 to £493,000
Brain Damage - Moderate (ii)£110,720 to £183,190
Back Injuries - Severe (i)£111,150 to £196,450
Chest Injuries (a)£122,850 to £183,190
Neck Injuries - Severe (i) In the region of £181,020
Pelvis And Hip Injuries - Severe (i)£95,680 to £159,770
Psychiatric Damage - Severe£66,920 to £141,240
PTSD - Severe£73,050 to £122,850

If you’d like to get more information on the different kinds of compensation you could claim, we recommend that you speak to one of our helpful advisors by following the details at the top of your screen.

Evidence To Support Your Personal Injury Claim

To claim compensation for a personal injury, you need to prove that you were harmed because someone else acted negligently. You can do this with evidence such as:

  • Photographs of your injuries
  • Pictures of the accident site, e.g a wet floor with no wet floor sign
  • Accident book logs (for accidents at work or in public places)
  • CCTV footage of the incident
  • Witness details to ensure their statements can be taken later

To prove a special damages claim, you can use evidence like:

  • Bank statements
  • Receipts
  • Invoices
  • Wage slips

If you choose to make your claim with a solicitor, they can help you gather evidence to prove your claim. Talk to a member of our team today to find out how a solicitor from our panel could help you strengthen your case with evidence.

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Am I Eligible To Make A Personal Injury Claim For Special Or General Damages?

So, when can you claim compensation for a personal injury? Not every injury at work, on the roads, or injury in a public place will result in a successful claim; this is because you need to prove that negligence occurred on the basis of a valid case. But what does negligence mean?

Essentially, negligence occurs when:

  • You are owed a duty of care
  • This duty is breached
  • You are injured as a result

What Does Duty Of Care Mean?

When someone owes you a duty of care, this means that they are legally responsible for your health and safety. Different people can owe you a duty of care depending on where you are and what you’re doing.

For example, while you’re at work, your employer owes you a duty of care. They need to take all reasonably practicable steps to keep you safe while you’re working to fulfil this duty, as per the Health and Safety at Work etc. Act 1974 (HASAWA).

Or, while you’re in a public place, whoever is in control of that space owes you a duty of care. To fulfil this duty, they’re expected to ensure your reasonable safety for as long as you’re on the premises, as per the Occupiers’ Liability Act 1957 (OLA).

Additionally, while using the roads, you are owed a duty of care by other road users, such as motorists. All road users need to act safely and responsibly while using the roads to avoid causing harm. They also need to adhere to the Road Traffic Act 1988 and the Highway Code.

If you’ve been injured because someone else breached their duty of care, you could make a personal injury claim. Contact our team today to learn more.

Do I Need A Solicitor To Claim Special Damages?

A lot of people ask us whether or not they need a solicitor to claim general or special damages. While it’s not a legal obligation to work with a solicitor, we always recommend that you do so.

This is because solicitors need to go through years of training and experience within the legal system before they can qualify to practice, which gives them a deeper understanding of the process.

For example, our panel of solicitors has years of combined experience in personal injury law, helping claimants secure compensation payouts for accidents at work, road traffic accidents, and public place injuries.

A solicitor from our panel could help you gather evidence, negotiate a settlement, and even go to court if necessary, all without asking for any upfront or ongoing fees for their work. This is because our panel is made up of expert No Win No Fee solicitors, who can work with you under a Conditional Fee Agreement (CFA).

What Is A Conditional Fee Agreement?

A CFA is a way of funding the work of a solicitor. Under this type of agreement, your solicitor will work tirelessly on your claim without asking for:

  • Any upfront fees
  • Any ongoing fees
  • Any fees for their work at all if the claim fails

If you make a successful compensation claim, a success fee will be collected by your solicitor. This fee is deducted from your compensation as a small percentage; not only is this percentage capped by law, but you’ll also be made aware of it before the claim starts.

Contact Us

Our team of friendly advisors are waiting to hear from you. If you’d like to find out how an expert solicitor from our panel of specialists could help you claim special damages, get in touch today by:

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