What are Special Damages?

As part of your personal injury claim, you are entitled to claim for any losses arising out of a an accident . These losses are known as Special Damages.
Any accident can have serious effects on our day to day lives including work, which, in the event of an injury meaning you cannot work, can be very inconvenient.

Whilst some employers will pay Statutory Sick Pay whilst you are off work, this may not cover your full earnings meaning it can become very difficult to manage finances at home. This is where a claim for lost earnings comes in. To make a claim for lost earnings, you would be expected to firstly provide evidence of your time off. Most employers are happy to provide a letter confirming the dates of absence and this, coupled with three months wage slips for the period immediately prior to the accident, to show your average monthly earnings and wage slips for the period of absence, is usually accepted by insurers. Your lost earnings is calculated based on your average pre-accident monthly earnings multiplied by the number of days off. Any Statutory sick pay that is received is simply deducted from the total lost earnings for the period of time.
Some employers ask for the statuary sick pay to be included as part of the claim. We therefore agree with the employer the total amount of their ‘outlay’ and we recover this on behalf of the employer, meaning they are not out of pocket either.

Including a claim for lost earnings can take away the financial strain that is sometimes experienced as a result of someone else’s negligence.


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