If you’re entitled to compensation for an accident that wasn’t your fault, it will usually be split into two categories: general damages and special damages. In this guide, we’ll explain the difference 
between general damages (for pain and suffering) and special damages (for financial losses). You’ll also learn how these damages are calculated and what evidence you’ll need to support your claim.
Our team is here to help if you’re considering claiming compensation. During our no-obligation telephone consultation, you can ask as many questions as you need. One of our advisors will explain your options and provide free legal advice about your claim. If your case appears strong, we can connect you with a personal injury solicitor from our team. You’ll benefit from their expertise on a No Win No Fee basis, meaning you won’t need to pay any upfront legal fees.
To learn more about general and special damages, please read on. If you’d prefer to discuss a personal injury claim with us straight away, call us on 0800 6524 881 today.
Table of contents
What Are General Damages?
General damages are awarded to compensate for the physical and/or psychological effects of an accident, as well as the loss of amenity, where the claimant’s injuries can be clearly linked to the defendant’s actions or negligence.
Examples of what general damages compensate for include:
- Physical pain and suffering. If you are injured in a no-fault accident, you can claim for the pain and suffering you endure.
- Physical injury or impairment. This includes disfigurement or disability that affects your mobility or ability to perform daily tasks.
- Mental pain and anguish. Psychological injuries, such as stress, anxiety, PTSD, and trauma caused by the accident, are also covered.
- Reduced quality of life. Pain, mobility restrictions, and mental distress can make everyday tasks more challenging, leading to dependence on others and a loss of interest in previously enjoyed activities.
- Loss of companionship. In wrongful death cases, damages may be awarded to family members for loss of companionship.
Compensation for general damages is primarily based on the severity of the injuries, the impact on the claimant’s life so far, and the expected future effects.
How Are General Damages Calculated?
Rather than guessing compensation payouts for general damages, solicitors, courts, and insurers can use compensation ranges from the Judicial College to calculate how much compensation should be awarded for specific injuries.
To give you an idea of how much an injury might be worth, we’ve included a compensation calculator below:
It’s important to note that the amount you might receive could vary from those listed as each claim is unique. To help ensure you’re compensated fairly, a medical assessment is usually needed as part of the personal injury claims process. This involves a meeting with an independent medical expert who’ll assess your injuries and provide a prognosis in a report for all parties involved in the claim.
What Are Special Damages?
Special damages are awarded to compensate for the out-of-pocket expenses and financial costs you’ve incurred as a direct result of the defendant’s actions or negligence.
The purpose of special damages is to restore you, financially, to the position you were in before the accident occurred.
How Are Special Damages Calculated?
When calculating special damages, your solicitor will need proof, such as receipts, for any costs or expenses you’ve incurred as a direct result of your injury.
Therefore, special damages can cover a range of financial losses, with examples such as:
- Short-term medical expenses. This might include doctor’s consultation fees, hospital charges, prescription medication costs, diagnostic tests, and hospital stays.
- Long-term medical expenses. Injuries requiring ongoing treatments, such as physiotherapy or other medical care, could be compensated as part of special damages.
- Transportation costs. This can cover travel expenses for hospital visits, whether by private car, taxi, bus, or train.
- Loss of earnings. You can claim compensation for loss of earnings if your injuries caused you to lose wages, miss out on bonuses, or forfeit other work-related perks.
- Loss of earning capacity. If your injuries prevent you from returning to your previous job and you’re forced to take a lower-paying position, you may be compensated for the difference.
- Repair or replacement of damaged property. Where personal property was damaged in the accident, special damages can cover the cost of repair or replacement.
- Care costs. If somebody had to care for you due to your injuries, you can claim compensation for their time and expenses.
- Home/vehicle adaptations. You can claim the cost of any necessary modifications to your home or vehicle if you’re left with a permanent disability.
Loss of earnings is often one of the largest components of a personal injury claim (besides general damages). Getting this calculation right is vital, especially if your earnings are likely to be reduced in the future because of your injuries. This is one of the main reasons we recommend working with a personal injury solicitor.
It may be a good idea to seek legal advice before spending money because of your injuries. If your claim is accepted, one of our solicitors will advise on whether your costs could be recouped as part of the claim. Additionally, you should retain invoices or receipts to help prove any expenditure.
Am I Eligible To Make A Personal Injury Claim?
Now that you know the key differences between general and special damages, let’s explore the general criteria for making a personal injury claim. To determine if you’re eligible, a solicitor will typically ask the following questions:
- Did the defendant (the party you’re claiming against) owe you a duty of care?
- Was the defendant negligent in some way?
- Did their negligence cause an accident in which you sustained injuries?
If you answer yes to all three questions, you may be eligible to claim both general and special damages as part of a personal injury claim.
If you’re unsure whether a duty of care can be established, don’t worry. Our advisors can check this for you if you call. Generally, legislation such as the Road Traffic Act 1988, the Health and Safety at Work Act 1974 and the Occupiers’ Liability Act 1957 can be used to prove that a duty of care existed.
Please give us a call on 0800 6524 881 if you’d like us to check your eligibility to claim.
Evidence To Support Your Claim For General And Special Damages
If you decide to pursue an accident claim, it’s essential to provide strong evidence to prove why you should be paid compensation, both for general and special damages. Common types of evidence you could use include:
- Witness details. If the defendant disputes liability, your solicitor may ask witnesses to provide a statement about what they saw.
- Camera recordings. CCTV footage can be a powerful way to prove how an accident happened. Request this quickly, as it’s often not kept for long.
- Medical notes. Records from your GP or hospital can help demonstrate the severity of your injuries and may include a doctor’s assessment of your recovery time.
- Accident report forms. If you were injured on business premises, in a public place, or workplace accident make sure the incident is reported. Many organisations are required to keep an accident report book, and these records can help establish what happened and when.
- Police reports. If it was a road traffic accident (RTA), a police report can be valuable evidence. It will contain details of the incident, whether any laws were broken, and which party was at fault.
- Photographs. Photos of the accident scene, ideally taken immediately after the incident, can illustrate what caused your injuries. Take these before anything is moved, if possible.
- Financial records. Keep receipts and invoices for any expenses related to your injury, such as medicine, travelling to GP appointments, and property repairs, to support your special damages claim.
Also, it can be helpful to write down everything you remember about the accident. This can make it easier to explain how your injuries have affected you. You should also keep track of any dates when you couldn’t work or participate in social events.
Time Limits For Making A Claim
Personal injury claims usually have a 3-year time limit. This means you typically need to claim within 3 years of:
- The date of your accident, or
- From a later point if you only realised afterwards that your injury was serious and connected to the accident or negligence (date of knowledge).
There are exceptions to this rule, however:
- For children. The 3-year time limit does not apply until the child turns 18. A parent or guardian can claim on their behalf as a litigation friend before this.
- For those with impaired mental capacity. If somebody lacks the mental capacity to make a claim, the time limit is paused until they regain capacity. During this time, a litigation friend can file the claim on their behalf.
If you’re unsure about how long you have to claim, feel free to contact us for free advice.
Do I Need A Solicitor To Claim General And Special Damages?
While a solicitor to make a personal injury claim isn’t a legal requirement, having one may improve your chances of success. Claiming general and special damages can mean dealing with complex legal procedures, finding strong evidence, and accurately calculating the compensation you’re entitled to. However, an experienced solicitor can handle all of this for you.
Our team of solicitors all work on a No Win No Fee basis, meaning you won’t have to worry about upfront legal fees. If your case isn’t successful, you won’t need to pay any legal costs either. Additionally, we provide free legal advice, so if you’re unsure whether you’re eligible to claim, you can still contact us for expert guidance with no obligation to proceed.
Starting A Compensation Claim
We hope this guide has clarified the difference between general damages and special damages. If you would like to start the compensation claims process, one of our solicitors could represent you on a No Win No Fee basis.
To check if you’re eligible to claim, call one of our advisors on 0800 6524 881 today. A claims advisor will initially review your case with you and provide free advice about your options. If your claim is viable, they’ll arrange for one of our solicitors to contact you to explore your options further.
Thank you for reading our guide on general and special damages. If you have any further questions, please feel free to call us, fill out a callback form, or use our live chat service to get in touch.