SPECIAL DAMAGES IN PERSONAL INJURY CLAIMS

Compensation in personal injury cases is generally made up of two types of loss: general damages and special damages.

General damages

General damages compensate you for the human impact of your injury — pain, suffering and loss of amenity (PSLA). This covers how the accident has affected your everyday life, such as sleep, mobility, independence, hobbies, and mental wellbeing.

The value of general damages is assessed using your medical evidence. That usually includes an independent medical report setting out the diagnosis, treatment, symptoms, and prognosis (how long recovery is expected to take and whether you’re likely to have ongoing problems).

When valuing general damages, we look at:

· Severity of the injury and symptoms

· Length of recovery and prognosis

· Whether symptoms are ongoing or permanent

· The impact on daily activities and quality of life

· Any psychological effects linked to the injury

· Whether there’s a need for future treatment or ongoing support

In most cases, the figure is negotiated with the other side’s insurer using medical evidence and recognised valuation guidelines, and if agreement can’t be reached, it can be decided by the Court.

Special damages

Special damages cover the financial impact of the accident — the money you’ve lost and the costs you’ve had to pay because of your injury. This can include expenses you’ve already incurred and, where supported by evidence, costs you’re likely to face in the future.

Special damages are evidence-led, which means they’re normally supported by paperwork such as wage slips, receipts, invoices, appointment letters, diaries, and reports. The clearer the evidence, the easier it is to present the claim properly and recover the full value of your losses.

Below are the most common types of special damages people claim after an accident (including accidents at work), with a practical explanation of what each head can include.

LOSS OF EARNINGS (PAST, ONGOING AND FUTURE)

Loss of earnings is often the highest value financial loss following an accident. If you are off work for any time at all, the amount can escalate quickly and create real financial pressure.

You are generally entitled to claim for lost earnings if your injury forced you to take time off work, reduce your hours, or stop doing parts of your job. This can include your basic pay and, where you can show a clear pattern, it can also include other regular earnings you would have received.

Common examples include:

· Time off work and reduced income, including part-time return or phased return losses

· Overtime, bonuses, commission and shift allowance, especially if you earned these regularly before the accident

· Loss of profits / business income if you are self-employed

· Loss of employment benefits that have a financial value (case dependent)

In some cases, you may receive sick pay from your employer in full and not feel an immediate financial loss. However, depending on your contract of employment and the circumstances, you may be required to refund certain sick pay payments to your employer if they were paid because of an injury caused by someone else’s fault. Even where full sick pay applies, people still often lose overtime, bonuses or other variable pay that forms a real part of their income.

If you are self-employed, loss of earnings can take the form of loss of profit or loss of business income. These claims can be slightly more complex, but they are still evidence-based and usually supported by accounts and tax documentation.

Future loss of earnings, loss of ability to work and pension loss

If your injury has longer-term consequences, special damages can also include future losses. This covers situations where you may never return to the same job, you may need further

medical treatment (such as surgery), or your recovery means you will be restricted for months or years.

Future losses can include:

· Future loss of earnings, where medical evidence supports ongoing absence or reduced work

· Loss of earning capacity / loss of ability to work, where you can only do lower-paid work, fewer hours, or you’re disadvantaged in the job market because of your injury

· Future career impact, where evidence shows missed progression

· Pension loss, where time off work or reduced earnings reduces pension contributions or future pension benefits

These parts of the claim are usually supported by medical prognosis evidence and proof of your pre-accident earnings, with calculations based on your circumstances.

Helpful evidence often includes wage slips for the period before the accident (many cases use around 13 weeks), wage slips during absence, an employer letter confirming time off, P60s, and for self-employed claimants, accounts and tax returns.

MEDICAL EXPENSES, TREATMENT AND FUTURE MEDICAL COSTS

In the UK there is an excellent NHS, and emergency care is often outstanding. However, it’s common for people to face costs after the initial treatment stage. Follow-up care can involve delays, ongoing symptoms, and the need for additional support.

Special damages can include the reasonable cost of treatment and expenses linked to your injury. This can cover things like physiotherapy, rehabilitation, and other recommended treatment, as well as the day-to-day costs that arise because you are injured.

This head commonly includes:

· Treatment costs such as physiotherapy, rehabilitation, chiropractic/osteopathy (where appropriate)

· Psychological therapy where the accident has affected mental wellbeing

· Medication, including prescriptions and over-the-counter items

· Medical aids and equipment, such as braces, supports, crutches, walking sticks, or other recommended items

Future treatment and ongoing medical needs

If you are likely to need further treatment in the future, you may also be able to claim for future medical expenses, such as surgery, ongoing therapy, pain management, long-term medication, or periodic reviews. The key is medical support confirming what treatment is likely and why it is needed.

TRAVEL, PARKING AND APPOINTMENT-RELATED EXPENSES

Many claimants have to attend medical appointments at their GP, hospital, physio clinic, or specialist provider, and this creates additional costs.

You may be able to claim for:

· Mileage to appointments

· Parking charges, tolls and public transport costs

· Taxi fares where medically necessary

These costs are often overlooked, but they can become significant over time. Keeping receipts helps, but even a simple written travel log can support this head of claim.

CARE AND ASSISTANCE (INCLUDING HELP FROM FAMILY)

Care and assistance is a common head of special damages. If you needed help because of your injury, the law recognises that this has a value whether the help was provided by paid professionals or by family and friends.

This can include practical help with personal care and everyday tasks, such as washing, dressing, cooking, cleaning, shopping, laundry, mobility support, and attending appointments when you needed assistance. It can also include childcare support where your injury prevented you from doing your usual parenting tasks.

You can generally only claim for additional services provided because of the injuries sustained in the accident. If your partner already did certain domestic tasks before the accident, you cannot claim for those same tasks unless your injury created extra needs beyond what was already happening.

If a family member took time off work to help you, the claim needs to be presented carefully to avoid claiming twice for the same loss (for example claiming both their lost earnings and the full commercial cost of the care at the same time). The right approach depends on the facts.

A simple care diary noting what help was provided and roughly how long it took can be very helpful evidence.

REHABILITATION, CASE MANAGEMENT AND ONGOING SUPPORT (SERIOUS INJURY)

Where injuries are more serious, special damages can include the cost of rehabilitation and ongoing support. This may involve structured rehab plans, support workers, therapy assistants, or professional case management to coordinate treatment, care and recovery.

These costs are usually supported by medical recommendations and planning evidence, and they can be particularly important where your recovery is ongoing or your needs are expected to continue into the future.

HOME ADAPTATIONS AND HOME-RELATED COSTS

If your injury affects your independence, special damages can include the cost of adapting your home or purchasing equipment to make day-to-day life safer and easier.

Examples can include installing rails, ramps, stair aids, or bathroom adaptations such as a walk-in shower. It can also include specialist furniture or equipment recommended due to the injury. For more serious injuries, evidence may be needed to confirm what changes are required and why.

VEHICLE DAMAGE, VEHICLE ADAPTATIONS AND TRANSPORT NEEDS (WHERE RELEVANT)

Not every claim involves vehicle damage, but where a vehicle was involved (including work-related driving), the cost of repairs or the value of the vehicle can be claimed as special damages. Often an engineer’s report is obtained and used to support the repair or valuation figure.

This head can also include:

· The insurance excess you paid

· The reasonable cost of replacement transport while your vehicle is off the road (where applicable)

Separately, even if the accident was not a road traffic accident, injuries can create transport needs. In some cases, people need temporary transport support or even vehicle adaptations to help them drive safely after an injury. Where evidence supports it, these costs can form part of a special damages claim.

OTHER LOSSES

You can also claim for other accident-related financial losses. This can include damaged personal items such as clothing, footwear, phones, glasses, tools or equipment, as well as paid help you now need because you cannot manage tasks you previously did yourself (for example domestic help, gardening or DIY). In some circumstances, additional day-to-day costs linked to the injury may also be relevant.

If you have spent money because of the injury, it is worth checking whether it can be included as part of your special damages.

DOCUMENTATION – PROVING YOUR SPECIAL DAMAGES IN PERSONAL INJURY CASE

Judges and insurers like paperwork. Without proper documents, it becomes much harder to recover your losses. Special damages claims are built on evidence, and presenting them properly can make a substantial difference to the final value of the claim.

In practical terms, it helps to keep wage slips and employer letters showing time off and pay, receipts for treatment and medication, travel and parking proof, and a simple diary of care and assistance from family members. If future losses are likely, medical evidence confirming your prognosis and ongoing needs is also vital.

Special damages can be difficult where there are future losses, pension impact, work limitations, ongoing treatment, or adaptations. If you have had an accident and lost money as a result, speaking to a solicitor early can help ensure the claim covers everything you are entitled to include.

Ready to find out what you can claim?

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Request a callback today for a free, no-obligation review. If your case is suitable, we can also explain no win no fee funding and what you would need to do to move forward.

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