In personal injury claims, there are two types of damages. Special damages and general damages. Here we’ll look at both in detail and explain the difference between the two. We’ll cover what you can claim damages for, and the documentation needed to make a claim. 

What are general damages? 

General damages are used to compensate you for the pain and suffering you have experienced as a result of your personal injury or illness. It covers the impact the injury or illness has had on your life up to the point of settlement and into the future. The levels of compensation depend on the severity of your injury or illness and the length of time of your suffering. 

Medical evidence will be used to support your claim. General damages will usually cover: 

  • Physical pain and suffering 
  • Physical impairment 
  • Mental health conditions caused as a result of your injury – including post-traumatic stress disorder (PTSD) and depression 
  • Lower quality of life 
  • Problems finding another job 

General damages are in place to compensate you for the wider impact of the injuries and your life. But this only covers damages that were reasonably foreseeable. Under the legal rule of ‘remoteness’ anything that wasn’t reasonably foreseeable won’t be included. 

If for example, you broke your leg in a car accident that wasn’t your fault, you will likely be entitled to claim compensation for your broken leg. This will cover factors like pain and suffering caused by the leg injury, any mental health conditions, and longer term pain linked to your broken leg. 

If anything were to go wrong during your hospital treatment and the hospital was deemed to be at fault, this wouldn’t be included as it can’t have reasonably been foreseeable as a result of the car accident. This would require a separate negligence claim against the hospital. 

How general damages are calculated 

General damages are calculated by looking at: 

  • The injury suffered 
  • The duration of the symptoms 
  • The impact of those symptoms on your life 

The courts have guidelines – the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases – to refer to which set out brackets of awards for common injuries. Courts will also refer to awards made in past cases involving similar injuries. 

This forms the starting point of the damages. 

The court will also look at the impact the injury will have on the individual’s life. For example, if two people suffer the same spinal injury but one is 18 and one is 65, the 18-year-old will likely get higher damages as they have to live with the effects for longer. 

What are special damages? 

Special damages are an important part of personal injury claims and are designed to cover your financial losses as a result of your injury or illness. 

They are split into the following: 

–        Special damages for past losses

This covers expenses, loss of earnings and other financial losses related to your injury or illness. 

–        Special damages for future losses

This is awarded to put you back in a financial position as if the accident or illness never happened. The levels of special damages depend on whether you can continue with your work or in the same employment. It also covers any care or rehabilitation in the future. 

Special damages often cover: 

  • Damaged items
  • Loss of earnings
  • Missed promotions and bonuses
  • The cost of ongoing medical care including prescription costs
  • Travel expenses
  • Costs for care 
  • Costs of additional help while recovering, like childcare
  • Rehabilitation costs
  • Costs to adapt your home or car 
  • Specialist equipment such as prosthetic limbs, hoists or handrails

How special damages are calculated

The first thing to note is that special damages must be both reasonable and reasonably connected to the accident. The idea is to put you back in the same financial position as you were before. 

For future special damages, the financial losses you seek to claim must be reasonably foreseeable. 

Past special damages are calculated in line with the actual costs you have incurred. This could be costs you’ve paid for care, travel expenses, rehab costs and more. You’ll need to have evidence and documentation relating to all these costs. All of this information will be used to calculate the damages awarded to you. 

It can get a little more complicated when it comes to future losses. The courts will take into account all the things that could affect your long-term standard of living. This includes factors like: 

  • Ongoing care 
  • Specialist equipment being installed in the home
  • Employment changes 
  • Loss of earnings and loss of potential job opportunities 

All the relevant factors will be considered with a judgement made on what the court believes reasonable damages to be. 

Depending on the severity of the injuries, special damages can often be much greater than general damages. 

Evidence needed to support a claim 

You’ll need plenty of evidence to back up your claim for damages. Your specialist personal injury solicitor will help with this. This includes: 

–        General damages

Witness statements, medical records and psychological evaluations are essential. 

–        Special damages

Documentation including travel expenses, repair estimates, information relating to home updates, and medical records will play an important role in your case. 

Eligibility to make a claim 

General and special damages form part of personal injury claims. 

For a personal injury claim, whether a dog bite claim, medical negligence or an accident at work, you need to prove: 

  • That the other person owed you a duty of care 
  • That the duty of care was breached 
  • That the breach caused your injuries or illness 

Your personal injury solicitor will work on your behalf to prove all of the above. They will then work alongside you to calculate the damages to claim for. They will propose a settlement figure to the defendant’s lawyers. If negotiations between the parties can’t produce a figure both sides are happy with, the court will decide. 

In court, the judge will look for reasonable assumptions on the level of damages claimed. Any inappropriate calculations, unreasonable assumptions and excessive claims would likely be thrown out. Your personal injury solicitor will help you avoid this. 

Get in touch with our experts to discuss your potential claim or start your online claim now.