Your life can change in an instant. One moment you’re walking down the street, the next you’re injured due to someone else’s negligence. The immediate aftermath is a blur of medical appointments, time off work and a dreading sense of uncertainty. So as you begin to consider making a personal injury claim, one of the most common questions that comes to mind is, “What can I actually claim for?”
Well, the answer lies in two key legal concepts: General Damages and Special Damages.
While both are crucial parts of your overall compensation, they each cover very different types of loss. Hence, understanding the distinction is key, as it ensures you pursue the full compensation you are entitled to.
Which is why at RG Jones Solicitors, we believe in empowering our clients with knowledge, so as to help them navigate the complexities of the legal process with confidence. Thus, let’s break down the two main types of damages you may be able to claim:
1. General Damages – Receiving Compensation for Pain, Suffering and Loss of Amenity
Think of general damages as the compensation for the things that are not easily quantifiable. These damages are designed to cover the pain and suffering you have endured as a direct result of your injury. Hence, it’s the compensation for the physical discomfort, the emotional distress, and the psychological impact of the accident. So, this can include:
- The pain of the injury itself, from the moment of the accident and throughout your recovery.
- The long-term physical suffering, such as chronic pain or reduced mobility.
- Psychological injuries, like anxiety, depression or post-traumatic stress disorder (PTSD).
- Loss of amenity, which means the loss of enjoyment of life. This could be being unable to pursue hobbies you once loved, like playing sports, gardening, or spending time with family in the same way.
The value of general damages is not a simple calculation. Instead, it is determined by referencing a set of guidelines and previous case law that a solicitor uses to assess the severity of your specific injury and its impact on your life. So for example, a minor sprain will result in a lower award than a permanent disability. Rest assured our experts take into account medical evidence and your personal circumstances to ensure your claim accurately reflects the full extent of your pain and suffering.
2. Special Damages – Reclaiming Your Financial Losses
While general damages cover the unquantifiable, special damages are all about the money. These are the specific, measurable financial losses you have incurred as a direct result of the accident. Though this category is straightforward, it requires meticulous record-keeping on your part. Here, special damages can cover a wide range of costs, including:
- Lost Earnings: This is a significant component for many people. So this includes the income you’ve lost from being unable to work, both in the past and any future loss of earnings if your injury affects your ability to work long-term.
- Medical Expenses: This can include prescription costs, fees for private treatment or rehabilitation, and the cost of physiotherapy or other therapies.
- Travel Costs: The money you have spent on getting to and from medical appointments, hospital visits or other injury-related travel.
- Care and Assistance: Even if a family member has provided care, you can claim for the value of their time and effort. This also includes the cost of professional care services if needed.
- Property Damage: If the accident damaged your personal belongings, such as your clothing or a mobile phone, these costs can be included.
- Home and Vehicle Adaptations: If your injury necessitates modifications to your home or car, these costs can be claimed.
With special damages, the key to a successful claim is evidence. Every receipt, every invoice and every record of an expense is vital. So keep it mind that from bus tickets to doctor’s notes, if it’s a cost you’ve incurred because of your injury, you must keep a record of it.
Why the Distinction Matters?
While both types of damages are paid to you as part of a single compensation settlement, their separation serves a clear purpose. General damages acknowledge the personal toll of your injury, while special damages ensure you are not left out of pocket for any financial burdens the accident has caused.
So for example, two people might suffer from a broken arm.
The first person is a student who recovers fully in a few weeks and their only financial costs are for prescriptions. Whilst the second person is a self-employed plumber who can’t work for six months and needs extensive physiotherapy. Although their general damages for pain and suffering might be similar, the special damages claim for lost earnings and medical treatment will be significantly higher for our poor plumber.
Now More Importantly… How Can We Help?
After an accident, the last thing you want to worry about is a complex legal claim. That’s where RG Jones Solicitors comes in. We will guide you through the process, helping you identify and calculate all the damages you are entitled to, whether they are general or special.
We operate on a No Win, No Fee basis, which means you can pursue the compensation you deserve without the financial risk. We’ll handle the paperwork, communicate with the other side, and fight tirelessly on your behalf, allowing you to focus on what’s most important: your recovery.
If you’ve been injured in an accident that wasn’t your fault, don’t hesitate to get in touch with us today. For a free, no-obligation consultation, call us at 0151 332 5252 or email info@rgjonessolicitors.co.uk. We are here to listen, to provide expert advice, and to help you secure the best possible outcome.
About RG Jones Solicitors
With over 20 years of experience, RG Jones Solicitors is a specialist personal injury law firm dedicated to helping clients with professionalism and a personal touch. Our lead solicitor, Rosaleen Jones, is known for her approachable and supportive manner. We are regulated by the Solicitors Regulation Authority and are committed to upholding the highest standards of integrity and transparency in every case we handle.