What are special damages in personal injury claims?

If you’ve been injured in an accident that wasn’t your fault, you are entitled to make a personal injury claim that will include both general and special damages.

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What are Special Damages?

Any person who has suffered harm due to someone else’s negligence can make a personal injury claim for compensation. Such claims can be related to events such as road traffic accidents, workplace accidents, criminal assaults or medical negligence. They cover many different injuries ranging from broken bones and lacerations to severe head trauma and paralysis.

If the claim is successful, the party at fault must compensate the injured person for two types of damages. General damages cover the subjective consequences the accident had on your life, such as pain, suffering and loss of amenities. Special damages cover the related financial losses and expenses, such as medical bills, loss of earnings and care costs.

If you’d like to start a personal injury claim and learn more about what special damages are, feel free to call 0800 470 0474 or use our online claim form to speak with a friendly legal adviser. They will answer all your questions and guide you through the personal injury claims process.

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What is the definition of special damages?

Special damages in personal injury claims refer to the quantifiable financial losses or expenses incurred as a direct result of an incident. They are an essential part of any compensation claim and cover both past and future out-of-pocket costs linked to the accident. They aim to put you back in the same financial state you would have been in had the accident or negligence not occurred.

Unlike general damages, which are subjective and are not easy to put a price on, special damages reimburse you for specific expenses and are more easily quantifiable. They are based on tangible evidence, like receipts and invoices that have a specific monetary value attached to them.

There is no limit to the amount of special damages you can claim from the defendant, as long as these expenses are reasonable and can be supported by evidence.

Who can make a claim for special damages?

Anyone who suffers harm and financial losses due to someone else’s negligence can include special damages in a personal injury case. The easiest thing you can do to verify your eligibility is to call 0800 470 0474 for a free assessment. An experienced personal injury solicitor will take on your claim on a no win no fee* basis if they can determine the following:

Another party owed you a duty of care
They breached their legal duty through negligence or wrongdoing
You suffered an injury and financial losses as a result within the past three years

The most common types of accidents that may lead to a compensation claim for general and special damages include:

Road traffic accidents. These can involve cars, motorcycles, bicycles, or pedestrians and may result in injuries ranging from whiplash to more severe head trauma.
Workplace accidents. An accident at work claim can result from slips or trips, falls from height, machinery accidents, manual handling accidents or exposure to hazardous substances.
Accidents in public. These occur in shops, supermarkets, restaurants, or parks and may involve slips, trips, falls, or other hazards.
Medical negligence. These claims arise from errors or omissions in medical treatment, diagnosis, or care that harm or injure patients.
Industrial diseases. These involve exposure to harmful substances or conditions in the workplace. They can lead to long-term health issues such as asbestos-related diseases or repetitive strain injuries.

Some of the most common types of harm for which you can claim special damages in personal injury claims include:

Soft tissue injuries like sprains, strains and whiplash
Broken bones
Head and brain injuries
Back and spinal cord injuries
Neck, shoulder and whiplash injuries
Psychological injuries
Burns and lacerations
Damage to internal organs

What evidence do I need to claim special damages compensation?

If you want to claim general damages and special damages following a personal injury, you first need to gather evidence that proves another person’s liability and the harm you suffered as a result. This could include:

Photographs or videos of the accident scene and CCTV footage, if available;
Medical records that show the type and severity of your injury or injuries;
Statements from witnesses who saw what happened;
A police report if you were the victim of a hit-and-run or a violent crime;
A copy of an accident report that you should make if you were injured at work or on the grounds of a business;
Expert opinions from medical professionals or other specialists;
Your notes about how the events occurred.

Besides this evidence, you will need specific documentation to prove all the financial losses and expenses you incurred as a result of the accident, which could include:

Copies of medical bills, invoices, and receipts for any private treatment you received;
Proof of lost workdays, along with evidence of your pre-injury earnings, such as pay slips or tax records;
Property damage estimates if the accident resulted in damage to your items;
Recipes for out-of-pocket expenses like transportation costs to and from medical appointments or any equipment you’ve needed to buy;
Expert assessments to quantify future costs for ongoing care and assistance or loss of earning capacity.

How are special damages calculated?

Special damages for past losses are relatively easy to calculate, as they are based on evidence such as receipts, invoices, payslips and medical bills. Your solicitor will add up all these costs and include them in your personal injury compensation claim.

Special damages for future losses can be more difficult to calculate. Their value can be significant if you suffered a severe injury or illness. Your lawyer may call on expert witnesses to assess their value, who will consider factors like:

Long-term medical treatments and rehabilitation
Loss of or reduced earning capacity
The need for ongoing care and assistance or medical devices

On the other hand, general damages will be based on the level of your injury and the guidelines offered by the Judicial College. You can refer to our online compensation calculator to see how much you could receive for pain and suffering.

What are incidental and consequential expenses?

Special damages in personal injury compensation may be further divided into incidental and consequential expenses:

Incidental expenses are immediate or direct costs that arise as a result of an accident. These are typically incurred shortly after the injury occurs. Examples include:

Private medical treatments
Prescription costs
Travel expenses for medical appointments
The cost of medical aids

Consequential expenses are indirect costs or losses that result from the injury or accident and may continue over a more extended period. Examples include:

Loss of earnings due to time off work
Loss of earning capacity
Ongoing medical treatment or rehabilitation
Additional care or assistance that you need due to the injury

Your solicitor will include both incidental and consequential expenses in your compensation claim.

Special damages examples

According to the definition of special damages, there are various types of financial losses and expenses that you can include in a personal injury claim. These can cover both past and future costs you incurred due to your accident, either incidental or consequential. Some of the most common special damages examples include:

Short-term medical expenses such as consultation fees, hospital stay, diagnostic tests and prescription medication;
Long-term medical expenses such as medical aids, rehabilitation, physical therapy, future surgeries or other treatments;
Costs associated with transportation to and from medical appointments or therapy sessions;
The cost of counselling and therapy sessions for a psychological injury;
Lost income due to time off work during recovery;
The cost of repairing or replacing damaged property, such as a vehicle in a car accident or a mobile phone in a fall from a height;
Compensation for reduced or lost ability to earn income in the future due to the injury’s impact on your life;
Hiring help with household chores or personal care if you have suffered a disability;
The cost of making changes to your home or vehicle to accommodate disability resulting from the injury, such as installing wheelchair ramps or handrails.

What is the time limit to claim special damages in personal injury claims?

You have up to three years following an accident to claim compensation for your pain, suffering and related financial losses. This time limit is set by the Limitation Act 1980 and cannot be exceeded; otherwise, your case will be statute-barred and no longer valid. There are a few exceptions to this rule:

In accident claims involving children, there is no time limit for a parent or another suitable adult to seek special damages on their behalf. The three years begin on the child’s 18th birthday, from which they have until turning 21 to start a claim themselves.
A litigation friend can start a claim at any time on behalf of someone who cannot handle their case due to their lack of mental capacity.
If you were the victim of a criminal attack, you have two years to claim special and general damages through the Criminal Injuries Compensation Authority (CICA).

Can I receive special damages before my claim settles?

Yes. Your solicitor may be able to arrange for you to receive compensation for special damages before your claim is resolved. This is known as receiving an interim payment, which is a sum of money advanced to you from the total compensation award before the settlement of a claim. These payments are non-taxable and can be requested by the claimant to cover immediate financial needs, such as:

The loss of earnings caused by your inability to go to work due to the injury
Private medical expenses like surgery, medication or rehabilitation costs
Educational needs in case of children
Medical aids or adaptations to your home or vehicle
Travel costs to and from medical appointments
The cost of hiring help with daily living and personal care in case of a disability

Requesting an interim payment is not possible in all personal injury claims. You must fulfil certain criteria to qualify, such as:

The defendant has admitted liability, or you have evidence that suggests you would win at trial;
You have a good reason to request the payment and are asking for a reasonable sum that is less than the total value of the claim.

How much compensation could I receive for special damages?

Special damages in personal injury claims are calculated on a case-by-case basis. The amount of compensation you could receive will depend strictly on the losses and out-of-pocket expenses you incurred following your accident.

As discussed above, the compensation award for special damages will include both past and future financial losses, which will be calculated differently:

Past financial expenses are easy to calculate based on evidence like payslips, invoices, and medical bills. In the case of mild injuries, these could be a few hundred pounds, while they can amount to tens of thousands or even more in the case of severe injuries or illnesses.
Calculating the special damages payment you could receive for future expenses is more complicated. This award will be based on your expected care needs, medical costs, loss of earning capacity and other factors and can amount to over £1million in some cases.

Will claiming special damages affect my benefits?

A personal injury damages claim could affect your eligibility for means-tested state benefits. If you receive a lump sum of money directly into your bank account, this will be considered as savings or capital and will be counted when assessing your eligibility for benefits like Universal Credit or Income Support.

If you have more than £16,000 in your bank, you will likely lose your benefits. However, your solicitor can help you ring-fence your compensation and keep your benefits by setting up a personal injury trust in your name.

On the other hand, your compensation, no matter how substantial, will not affect your eligibility for non-means-tested benefits like Child Benefits or Maternity Allowance.

For a free consultation with an experienced legal adviser, feel free to call 0800 470 0474 today or enter your details into our contact form to request a call back. They can give you more information about special damages and help you get started with a claim.