What are general damages in personal injury claims?

This guide explains what general damages are and how they are calculated to find out how much compensation a personal injury claim is worth.

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What are General Damages?

If you suffered an injury or illness due to someone else’s negligence, you are entitled to make a personal injury claim against the responsible party. If your claim is successful, you could receive compensation for two types of damages. General damages are awarded for the pain and suffering caused by your injury, while special damages are awarded for the related financial losses.

The most common types of claims that solicitors handle relate to road traffic accidents, workplace accidents, industrial diseases, accidents in public and medical negligence. These can lead to a wide range of injuries, including severe and life-changing injuries such as brain and spinal cord trauma, amputations or paralysis. A personal injury solicitor can help you claim compensation for all the damages incurred due to your injury.

If you want to find out if you have a valid case, call 0800 470 0474 today to speak to a legal adviser. If you prefer, you can also use our online claim form to request a call back. Alternatively, continue reading our guide to general damages below. We explain in detail what general damages are, how they are calculated, how they differ from special damages and the potential impact on any benefits you receive.

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Definition of general damages

General damages in a personal injury claim refer to the compensation awarded for the pain, suffering and loss of amenities caused by your injury or illness. They are non-monetary losses that are not easily quantifiable and are based on factors such as the severity of the injury, the extent of pain and suffering endured, and the impact on your overall quality of life. This element of your claim is typically supported by medical evidence, expert witness statements, and your testimony.

General damages are an essential component of personal injury claims. It covers both physical and psychological harm and how this has impacted your life. It plays a crucial role in ensuring you receive fair and just compensation for the full extent of your losses. The section below provides more examples of general damages.

Examples of general damages

The most common examples of general damages you can claim if you suffered an injury due to someone else’s negligence include:

Physical pain and suffering
Physical and mental impairment or disability
Mental health conditions caused by the injury, such as PTSD or depression
Loss of consortium or companionship
End of a promising career or difficulty finding another job
Loss of ability to pursue a hobby or participate in social activities
Lower quality of life or reduced life expectancy
Any visible scars or disfigurement resulting from your accident or injury
The impact on your ability to interact or care for your children
Loss of prospects and enjoyment of life
Embarrassment and loss of reputation
Future pain and suffering

These are just a few examples, and the specific types of general damages available in a claim may vary depending on the circumstances of the case. Your injury lawyer will take a full account of the harm you incurred as a result of someone else’s negligence in your claim to ensure you receive the maximum amount of compensation you are entitled to.

Can I claim general damages for a personal injury?

As a general rule, you can start a compensation claim for a personal injury if:

Another party, known as the defendant in your case, owed you a legal duty of care;
They breached this duty through an act of negligence, wrongdoing or omission;
You suffered an injury or illness in the past three years due to these actions.

Based on the circumstances of your accident, a duty of care will be established by referring to the relevant legislation. For example, the Health and Safety at Work Act 1974 states an employer’s responsibilities towards employees, while the Road Traffic Act 1988 sets out the duty of care of road users towards others. It is essential to know that you may be able to claim even if you were partially at fault for your injuries. In this case, you may receive a reduced compensation award that accounts for your part of the blame.

How to calculate general damages

General damages do not have a definite monetary value attached to them like special damages do. Therefore, they are more difficult to calculate and account for. The most important thing to consider when deciding on a fair compensation award that reflects your pain, suffering, and loss of amenity is expert medical evidence. If you are also seeking damages for a psychological injury, you will also need psychiatric or psychological reports.

While these damages are unique to each claimant, the award for them will be based on the guidelines from the Judicial College, which is part of the Ministry of Defence. These are created based on historic accidents, claims and compensation awards. As expected, the less severe your injury and the quicker you recover, the less general damages you will receive.

What’s the difference between general and special damages?

General damages and special damages are two types of compensation that can be awarded in a personal injury case. Both aim to help you recover from the physical, emotional, and financial impact of the accident or injury. General damages intend to compensate you for non-monetary losses, such as pain, suffering, loss of enjoyment of life, and other intangible harm. They are more subjective and are based on the nature and severity of your injury.

Special damages are designed to compensate you for specific, quantifiable financial losses incurred due to the injury. These include expenses such as private medical treatments, loss of wages and care costs. Special damages are calculated based on evidence such as receipts, invoices, and other financial records.

What evidence do I need to claim for general damages?

To support a claim for general damages in a personal injury case, you typically need various types of evidence that demonstrate the extent of your injuries and their impact on your life. You also need additional proof to show how your accident occurred and who is liable to pay you compensation. The types of evidence you could use in your claim include:

Medical records. These should detail your injuries, diagnoses, treatments received, and any ongoing care or rehabilitation. Your medical notes will be essential to prove the extent of your pain and suffering as well as any long-term or ongoing problems caused by your accident.
Expert opinions. Your solicitor may arrange a free consultation with a medical specialist who will assess your injuries, the prognosis for your recovery and your future care needs.
Psychological assessment. If you have suffered psychological or emotional trauma, a report from a mental health specialist can support your claim for general damages.
Photographs. Pictures or a video of the accident scene can help prove how the event occurred and who is liable for it. It can help if you take photographs from different angles before anything is moved or replaced, as well as of your injuries.
CCTV footage. If available, CCTV or dash cam footage can indisputably show how the accident occurred and who is to blame.
Witness testimony. Statements from witnesses can help strengthen your claim if liability is denied. You can also use testimony from anyone who has knowledge of your injuries and how they have affected you, such as friends and family.
Your statement. You can support your claim by providing your own account of the accident, your injuries, and how they have impacted various aspects of your life.
Accident reports. If you were injured at work or in a public place such as a restaurant or supermarket, you should report it to the responsible party. You can then ask for a signed copy of the accident logbook entry to prove the date, time and location where you were injured.
Financial evidence. It is essential to keep all receipts, invoices and other financial documents to claim for special damages such as prescriptions, care costs or loss of earnings.

How much compensation could I receive?

The amount of compensation that might be awarded to you for general damages will depend on several factors, such as:

The physical and mental pain and suffering caused to you
The long-term consequences of your injury or illness
How your condition has affected your relationships and day-to-day life
The impact on your overall quality of life

As seen above, the definition of general damages encompasses various aspects, including physical pain, mental suffering, loss of companionship and ongoing disability. Your solicitor will consider all of these when calculating your personal injury compensation. Your payment will be based on specific guidelines from the Judicial College that courts and insurance companies use when awarding compensation. While there is a degree of discretion, you could receive the following awards for general damages:

£1,880 to £344,640 for head injuries that range from minor concussions to a vegetative state with no language function;
Up to £139,210 for a neck injury that causes a permanent disability like partial paraplegia;
£2,090 to £151,070 for back injuries ranging from mild strains to spinal cord damage;
£3,370 to £111,690 for hip and pelvis injuries, depending on severity;
£5,630 to £255,930 for arm injuries, with the maximum compensation for the amputation of one or both arms;
£7,780 to £240,590 for leg injuries that range from simple fractures to amputation of one or both legs above the knee.

Your solicitor can give you more information about how to calculate general damages based on the type and severity of your injury. For more examples of compensation awards, please take a look at our compensation calculator.

What is the time limit to claim compensation for general damages?

The time limit to claim for general and special damages following a personal injury is typically three years. This limitation date is set by the Limitation Act 1980 and begins from either:

The date of the accident that caused your losses; or
The date you were diagnosed with your injury or illness, also known as the date of knowledge

While three years may seem like a long time, it is best to start your claim as soon as possible. This will facilitate the claims process and make it easier to gather the necessary evidence to prove the full extent of your losses. There are a few exceptions to this time limit:

In child injury claims, the three-year limitation period begins on the child’s 18th birthday. Before that, a suitable adult, such as a parent or legal guardian, can make a claim on their behalf at any time.
If the injured person lacks mental capacity due to brain trauma, PTSD or another condition, there is no time limit for a litigation friend to start a claim in their name.
Claims through the Criminal Injury Compensation Authority (CICA) have a two-year time limit starting from the date of the violent act or from when this was reported to the police.
You have three years to claim for a wrongful death, starting from the date your loved one passed away.

Will claiming damages affect my benefits?

Claiming general damages and special damages following an injury could affect the benefits you receive from the state. Means-tested benefits, such as Universal Credit, are available for people with less than £16,000 in savings and could be impacted by your compensation award. Non-means-tested benefits don’t take into account your income and savings and won’t be affected by your settlement, no matter how substantial.

Any compensation transferred to your bank account will be deemed capital and considered when assessing your eligibility for means-tested benefits. You will no longer be eligible for any financial support from the government if you have over £16,000 in your savings account, while you can still receive part of it if you have between £6,000 and £16,000.

However, your solicitor can help you receive your compensation in a personal injury trust in your name. This way, it will no longer be considered income, savings or capital, and you will be able to keep your benefits. Click here to read more about how claiming compensation could affect your benefits.

If you’d like to learn more about ‘What are general damages in a personal injury claim?’, please call 0800 470 0474 today or enter your details here to request a call back. You will receive a free consultation with an experienced legal adviser who will answer all your questions.