When pursuing a personal injury claim, many people focus solely on compensation for their pain and suffering. However, special damages – the financial losses you’ve incurred due to your injury – are an equally important part of your claim. At Direct2Compensation, we believe in empowering claimants with knowledge about all aspects of their potential compensation. This guide will explore special damages in depth, helping you understand what you can claim and how to maximise your settlement.
What Are Special Damages?
Part of the final value of a claimant’s settlement, special damages are the quantifiable financial losses you’ve suffered as a result of your injury. Unlike general damages, which compensate for pain and suffering, special damages are based on actual monetary losses and expenses. They are designed to put you back in the financial position you would have been in if the accident hadn’t occurred.
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. Claimants can also 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.
Types of Special Damages
Special damages can cover a wide range of expenses and losses, including:
- Medical Expenses
- Prescription costs
- Private medical treatment
- Physiotherapy or massage therapy
- Medical equipment or aids
- Travel Expenses
- Public transport fares to medical appointments
- Parking fees at hospitals or clinics
- Fuel costs for medical-related travel
- Loss of Earnings
- Current lost wages
- Potential future loss of earnings
- Lost bonuses or overtime
- Additional Costs
- Care costs (professional or provided by family)
- Home or vehicle modifications
- Damaged personal items (e.g., clothing, glasses)
- Household Expenses
- Cleaning or gardening services you now require
- Increased utility bills due to being at home more
Proving Special Damages
To successfully claim special damages, you need to provide evidence of your losses. This is where meticulous record-keeping becomes crucial:
- Keep all receipts for expenses related to your injury
- Document travel mileage for medical appointments
- Obtain statements from your employer regarding lost wages
- Get quotes for any necessary home modifications
- Keep a diary of care provided by family members
Calculating Loss of Earnings
For employed individuals:
- Provide payslips for at least 3 months prior to the accident
- Your solicitor will calculate the difference between your normal salary and any statutory sick pay received
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.
For self-employed claimants:
- Provide accounts for the previous 2-3 years
- Your solicitor may need to involve a forensic accountant to accurately calculate losses
Future Losses
In cases of serious injuries, you may be able to claim for future financial losses. This could include:
- Ongoing medical treatment costs
- Future loss of earnings if you can’t return to your previous job
- Pension losses
Calculating future losses is complex and often requires expert input from medical professionals and economists.
Maximising Your Special Damages Claim
To ensure you receive full compensation for your financial losses:
- Start documenting expenses immediately after your accident
- Don’t overlook small expenses – they can add up
- Be honest and accurate about all your losses
- Consult with your solicitor before incurring significant expenses
- Consider all areas of your life that have been financially impacted by your injury
The Importance of Legal Representation
While it’s possible to claim directly with an insurer, doing so often results in undervalued settlements. A specialist solicitor will:
- Ensure all eligible expenses are included in your claim
- Help you gather the necessary evidence
- Accurately calculate complex losses like future earnings
- Negotiate with insurers to maximize your settlement
Special damages are a vital part of your personal injury compensation, ensuring you’re not left out of pocket due to someone else’s negligence. By understanding what you can claim and keeping thorough records, you can help ensure your settlement truly reflects the financial impact of your injury.
Remember, every personal injury case is unique. For personalised advice about your specific situation and to ensure you’re claiming all eligible special damages, don’t hesitate to contact Direct2Compensation. We’re here to help you navigate the claims process and secure the full compensation you deserve.
Frequently Asked Questions
Yes, the time family members spend caring for you can be included in your special damages claim.
While receipts are ideal, your solicitor can advise on alternative ways to prove your expenses.
Yes, non-refundable costs like holiday deposits can often be included in your special damages claim.
You can claim for all expenses directly related to your injury, from the date of the accident up to the settlement of your claim.
Generally, personal injury compensation, including special damages, is not taxable in the UK.
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