What are ‘Special Damages’?

8 questions have been answered below, , why not ask your own?

Most people know they can look to win a financial settlement if they are injured in an accident that wasn’t their fault, but a lot of claimants don’t seem to know about claiming for their special damages.

Special damages cover financial loss

Special damages form part of the final value of a claimant’s settlement. It is the term used to describe the element of a claim that arises from the costs that an injured claimant has incurred. Such costs could be minor things such as bus or taxi fares to and from hospital, or petrol and parking expenses. However, they can also become large elements of a claim such as lost income or lost future income. Claimants can claim for items or clothing broken in an accident, such as spectacles, or private medical treatment if it can be proven that it is necessary to enable a quicker recovery.

One of the best reasons to use a company like ourselves is that our specialist solicitors will ensure that the value of a client’s final settlement is maximised in favour of the claimant. Whereas an inexperienced claimant, dealing directly with an insurer, will have no idea what is a fair settlement and for what they are entitled to claim. As well as making sure the full extent of a client’s injury is understood and the implications of the injury properly diagnosed and stated by a specialist doctor, your solicitor will ask you for details of expenses that you may have incurred. These and other costs will then form your special damages claim.

Keep receipts and quotes

To enable yourself to avoid being out of pocket, it is important that you make a point of claiming back any reasonable expenses that the injuries have lead you to incur. It is really important that you are able to prove these expenses. Therefore, if you are injured in an accident and wish to pursue a claim for personal injury compensation, make sure you keep receipts for taxi fares, car parking at hospital, petrol costs, massage therapies, prescription costs or physiotherapy treatment. Without receipts to prove your expenses, it is much harder to successfully claim them back.

You can also claim any lost income. For PAYE employees that don’t receive full sickness pay during sick leave, they will receive statutory sickness benefit. They can claim back the difference between the sum of money received for statutory sickness benefit and their usual average salary. Providing pay slips for a period of 3 months prior to the accident will enable your solicitor to claim this back.

For self-employed claimants, they will have to prove their income by way of providing accounts for the 2 previous years of their working life.

8 questions have been answered below, why not ask your own?

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Questions & Answers


  1. William

    I had an RTA, the person at fault took full responsibility as I was parked at the roadside when they smashed into the rear drivers side back quarter panel/bumper etc of my car with her front passenger side completely smashed. They (both her and her insurance) have accepted liability.

    Who’s best to deal with this? Thanks for your time.

    Reply
    • Ian Morris

      The first thing to say on this matter is that you appear to have a solid claim with every prospect of succeeding in terms of pursuing personal injury compensation. Given that liability has been admitted, there should be no issues in succeeding with your claim or any claim for any occupant of your vehicle.

      You ask who would be best placed to handle this matter for you. The options you have are as follows: You could go with the Solicitors with whom your Insurers have signed a contract, you could seek specialist expert independent representation – such as from the Solicitors with whom we work, or you could pursue any claim independently by yourself.

      The benefits of going with your insurers own Solicitor are obvious in that it would be easy to get the ball rolling. The downside may be that your claim is not handled by a specialist Solicitor, but a junior claims handler. Whilst this is only anecdotal, but we often receive contact from people in your situation some months in to their claims process when they have signed up with their insurers Solicitors to pursue their claim and have been left very disappointed by the representation they have received. They have often reported feeling pressured in to accepting a low settlement and have not been able to get specialist expert advice. As you may expect, we would recommend that you don’t instruct your insurers Solicitors.

      If you instruct an independent specialist Solicitor firm to act for you, you can be sure that they will hold your best interests at the pinnacle of their efforts on your behalf. They will have no concerns about their involvement with your insurers or that of the 3rd party and you can be assured that you’ll have a qualified specialist personal injury Solicitor representing you in your claim. You’ll be instructing them to act on a No Win No Fee basis on the exact same kind of agreement as you would have with your insurers panel Solicitor. This course of action would be the way we would advise any person to pursue their claim.

      The final route of acting without representation is far from easy and is not recommended. Whilst it is possible to pursue your claim without expert advice, you will need to put considerable effort and time in to the process and will not necessarily know whether or not you are being given a reasonable response by the defendants.

      We feel that our Solicitors would be the best place for you to have your claim for compensation pursued. If you would like to pursue your claim with us, please call us on 01225430285 or use this form to request that we call you when it suits you.

      Reply
  2. Jason A. Pica

    What if after surgery the Doctor is trying to rush you back to work. When i’m still receiving physical therapy and it’s no where healed like it should be?

    Reply
    • Ian Morris

      Jason

      A Doctor is duty bound to act in your best interests, so it is unlikely that they will try to force you back to work before they believe you to be fit and able to perform your job safely.

      However, if you believe that you are not fit to work, you should explain this to your Doctor and request a further period of signed sickness leave so that you can continue to recover. If your Doctor is unwilling to do this, you should seek a 2nd opinion – perhaps from your physiotherapist etc.

      Reply
  3. Denis Taggart

    Hi i have had an injury at work probably about 6 months ago and now i require surgery, however the injury has not been recorded properly in work but i have been to see company nurse who checked my injury and advised me to see my gp asap at the time. Was just wondering where i would stand with this issue, should i go ahead with surgery because i would have to be off for around 6 weeks?

    Reply
    • Ian Morris

      Denis

      Thank you for sharing your situation after an accident at work with us. Whether or not to go ahead with surgery is something only you and your Doctor can decide – I would not want to offer a view on medical issues as I am not medically qualified. I would have thought that despite the required 6 week absence from work, that it would be sensible to have the surgery.

      What I can say is that if you have had an accident at work, you may be able to make a claim for compensation against the employer – if the accident happened because of negligence from a colleague or the employer. For example, if the employer failed to provide adequate training or if you were not provided with safe tools/equipment, you may be able to hold the employer liable for your injuries and pursue a claim for compensation. If you were able to make a claim against the employer and the claim were successful, you would receive compensation for the injury as well as being able to claim special damages – which covers any lost income and costs incurred as a result of the accident.

      Reply
  4. Gary Norton

    Hi there, just a quick question, do take a percentage of a special damages award? (ie loss of earnings, medical expenses, rehabilitation costs etc)

    Reply
    • Ian Morris

      Gary

      Hi, thanks for taking the time to ask us a question about No Win No Fee personal injury compensation and how the 25% deduction works when a claim is won.

      To answer your question, Yes the 25 % comes off all the past losses – and that does include any out of pocket expenses incurred, general damages for the actual injury/pain/suffering plus loss of earnings and care etc. When calculating the deduction, Solicitors normally exclude treatment costs and leave those 100% intact. However, this is done on a case by case basis and is not always the case.

      However, it is important to note that the 25% deduction will not include any future losses – for example future loss of earnings, disability on the labour market, future care costs or future treatment costs etc. The 25% deduction element only applies to past losses.

      It is also important to note (and I appreciate that this is a little confusing), that the 25% deduction fee is not always the full 25% of a total claim settlement as the deduction that is capped at a MAXIMUM of 25% is also subject to another cap to ensure fairness for successful claimants. The 25% deduction is capped at 100% of the value of the actual costs a succeeding solicitor has incurred in the running of a claim for personal injury compensation, or 25% of the total compensation settlement (as outlined above) – whichever is the lower of the two figures.

      As an example, if a successful claim settled for damages of £20,000 and the successful solicitor had carried out work to the value of £3,000, the most that they could deduct from the compensation settlement would be £3,000, even though 25% would be £5,000. In this example, the £3,000 figure is the lower of the two figures. However, if the same claim settled for damages of £20,000 and the successful solicitor had carried out work to the value of £15,000, the most they could deduct would be the 25% of the full total (at £5000).

      I hope that this makes sense. It is also worth noting that solicitors are open to discussing the deduction and may negotiate – but only on very strong cases where success is very likely and damages are estimated to be high.

      Yours sincerely

      Ian Morris

      Reply
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