Personal injury compensation is usually made up of two parts. General damages compensate for the pain, suffering, and impact your injury has had on your quality of life. Special damages cover your actual, quantifiable financial losses caused by the injury, such as lost earnings, medical costs, or travel to appointments. Together, they make up your total claim.
In more detail
What counts as general damages?
General damages reflect the non-financial impact of an injury, physical pain, psychological distress, loss of enjoyment of activities you used to do, or a reduced quality of life. Because this isn't a financial cost with a receipt attached, courts and insurers rely on guidelines and precedent from similar cases to assess a fair figure.
What counts as special damages?
Special damages are the financial losses you can evidence directly. Common examples include lost income from time off work, the cost of private medical treatment or physiotherapy, prescription costs, travel expenses to appointments, and the cost of any care or support you needed while recovering. Keeping receipts and records genuinely helps this part of a claim.
Can special damages include future losses?
Yes. If an injury is expected to affect your ability to work or requires ongoing treatment, special damages can include an assessment of future financial losses, not just costs already incurred.
Do I need to prove both types of damage separately?
Yes, in effect. General damages are usually assessed based on medical evidence describing the injury and its impact. Special damages need to be evidenced with documentation, payslips, receipts, invoices, wherever possible.