1. What Are Special Damages?
Special damages refer to the financial losses you’ve suffered due to an injury caused by someone else’s negligence. Unlike general damages (which cover pain and suffering), special damages are quantifiable monetary losses. They aim to put you back in the financial position you were in before the injury.
In simple terms, they cover “out-of-pocket expenses” directly linked to the accident or incident.
2. Examples of Special Damages
Special damages can include a wide variety of costs, such as:
- Medical expenses (e.g., prescriptions, treatment, private care)
- Loss of earnings from time off work
- Travel costs for hospital visits and treatment
- Care and assistance from family or professionals
- Property damage (e.g., vehicle repairs, damaged belongings)
- Rehabilitation or therapy costs
- Home modifications required for recovery
Each of these must be backed by evidence such as receipts, invoices, or wage slips.
3. Difference Between Special and General Damages
| Type | Description | Examples |
|---|---|---|
| Special Damages | Financial losses that can be calculated | Lost wages, medical bills, travel costs |
| General Damages | Non-financial, subjective losses | Pain, suffering, loss of enjoyment |
While general damages are assessed by medical and legal experts, special damages rely heavily on documented proof.
4. Why Are Special Damages Important?
Special damages are crucial because they:
- Provide compensation for your actual financial losses
- Ensure that you’re not left out of pocket due to someone else’s actions
- Often represent a large portion of your total claim, especially in serious injury cases
Without including special damages, you may only receive a fraction of what you’re truly owed.
5. How Are Special Damages Calculated?
To calculate special damages:
- List every expense or financial impact related to your injury
- Collect all relevant receipts, invoices, and statements
- Include both past and future losses, such as long-term loss of income or ongoing treatment needs
- Work with your solicitor to estimate future care costs if your injury is ongoing or permanent
Meticulous record-keeping is vital to ensure every eligible cost is claimed.
6. Common Mistakes When Claiming Special Damages
To avoid weakening your claim, don’t:
- Forget to keep receipts or invoices
- Underestimate the cost of future care or lost earnings
- Fail to report all relevant expenses to your solicitor
- Assume your solicitor automatically knows your full financial losses
It’s essential to work closely with your legal team and keep a thorough log of every related expense.
7. Can You Claim Special Damages on a No Win No Fee Basis?
Yes. If you’re using a No Win No Fee solicitor, special damages will still be part of your compensation claim. You won’t have to pay upfront, and any success fee will come out of the total compensation awarded, which includes both general and special damages.
Frequently Asked Questions
1. Can I claim for future losses as special damages?
Yes, including future medical expenses, rehabilitation, and projected loss of earnings.
2. Do I need to prove every item I claim?
Yes, detailed documentation like receipts, invoices, and pay slips is essential for every claimed expense.
3. What if I can’t find a receipt for something?
Speak with your solicitor—some items may still be claimed with alternative forms of proof.
4. How much of my total claim will be special damages?
It varies, but in serious injury claims, special damages can make up a significant portion of the compensation.
5. Do I claim special damages separately from general damages?
No. Both are submitted as part of your total personal injury claim.
6. What if the insurance company disputes my special damages?
Your solicitor will negotiate or, if necessary, provide further evidence or take legal action to resolve disputes.
Conclusion
Understanding what special damages are can make a huge difference in how much compensation you receive in a personal injury claim. By keeping detailed records and working with an experienced solicitor, you can ensure that every eligible financial loss is covered. Don’t leave money on the table—know your rights and claim what you’re entitled to.
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