Special Damages vs General Damages: What Are the Main Differences?

If you have suffered an injury that was not your fault and are entitled to compensation, this will usually be for either special damages or general damages. To claim the correct compensation, you must first understand the difference between these two types.

In this article, we will run through the difference between special damages and general damages, from what these terms mean to how they might apply to your claim.

If you require further information or prefer to discuss a personal injury claim with us, contact us or call us directly on 0800 163 622.

What Are General Damages?

General damages apply to any losses arising from an injury or accident that are non-monetary in nature. General damages are assessed by courts based on provided evidence, but are harder to prove than special damages. Some examples of general damages include:

• Associated pain and suffering: This refers to any physical pain and discomfort caused by the injury or accident.
• Physical injury or impairment: This includes disability or disfigurement that affects your daily life.
• Psychological injury: This includes conditions such as post-traumatic stress disorder (PTSD), depression, anxiety, and flashbacks relating to the accident.
• Loss of amenity: Inability to engage in hobbies, sports, or other daily activities.
• Loss of companionship: In wrongful death cases, family members may claim for this.

This is not an exhaustive list, so be sure to discuss your situation with a legal expert for the best outcome. Compensation for general damages depends on the severity of the injuries and the impact on the claimant’s life and future.

What Are Special Damages?

Special damages is the term used to define quantifiable financial losses an individual may suffer as a result of an accident or injury. These cover losses incurred up to the date of settlement, as well as projected future losses where applicable. Special damages must be proven with official records and documentation, such as receipts, payslips, and invoices. Common examples include:

• Loss of earnings: Past and future income, bonuses, or commissions lost due to the inability to work.
• Medical costs: Any expenses for treatments, prescriptions, private treatment, or specialised equipment relevant to your injury.
• Care and assistance: Costs for professional care or compensation for family members providing extra support.
• Travel expenses: Costs for travelling to medical appointments or any necessary transport changes.
• Property damage: The costs to repair or replace items damaged during your injury or accident.
• Adaptations: Costs to cover any changes required to your home environment to accommodate disabilities arising from your injury.
• Loss of pension: Where you are unable to continue working and must retire early.

The Key Differences Between Special and General Damages

With the above in mind, the main differences between special and general damages are as follows:

How This Applies to Your Compensation Claim

When making a compensation claim, it is important to understand what you are claiming for. Knowing the difference between special and general damages is a great starting point, but finding the right legal representation is an equally important next step.

An expert solicitor will be able to advise you on the best route throughout your claim and help to present your case as clearly as possible.

Evidence You Need to Support Your Claim

To receive maximum compensation for both special and general damages, you will need to provide supporting evidence. The type of evidence will vary depending on the nature of your claim:

For general damages:

• Witness details
• Medical notes
• Accident reports
• Camera recordings
• Police reports

For special damages:

• Financial records
• Payslips
• Receipts and invoices for medical expenses
• Care cost records

If you are unsure whether something is relevant to your case, we advise you to take notes and write down everything you can remember about the accident.

Get Compensation Claim Guidance Today

If you have suffered an injury from an accident that was not your fault, you could be entitled to compensation. At Accident Solicitors Direct, we work with you to ensure your claim is handled correctly and that you receive the maximum compensation you are owed.

Whether the accident occurred at work or on the road, our team of claims experts is on hand to offer support and guidance. Contact us today for a free, no-obligation consultation — including a free home visit at a time that suits you.