General and special damages
Compensation in personal injury claims is typically divided into two categories: general damages and special damages. Graduate solicitor apprentice in the personal injury team, Abbie Kemp, defines these damages and explains the differences between them.
General damages are those awarded for the injuries itself and the elements that can’t be easily calculated; such as physical/mental pain, difficulty to perform certain tasks and loss of enjoyment of life. For some injuries, such as whiplash, there are set tariffs, while others are assessed based on the Judicial College Guidelines.
Special damages, on the other hand, are designed to compensate for financial losses directly caused by the accident. These damages are generally easier to calculate because they are based on specific, measurable losses, and supported by evidence such as receipts or records. Special damages can include a range of expenses, such as loss of earnings if the injury prevents the person from working, costs for travel to medical appointments, the value of damaged property, and any rehabilitation or treatment costs.
In summary, general damages focus on compensation for the pain and disruption caused by the injury, while special damages address the financial losses directly resulting from the accident. Both types of damages play a crucial role in ensuring that the injured party is fairly compensated for their suffering and losses.
For information on our services, get in touch with a member of our personal injury team on 033 3344 9600 or email [email protected].
Author: Abbie Kemp, personal injury.
