If you’ve been injured or fallen ill due to someone else’s negligence or intentional misconduct, you may be entitled to claim compensation. In the UK, personal injury claims revolve around two primary types of damages, general damages and special damages. These categories ensure that both the physical and non-physical effects of your injury are considered. In this blog, we explore what each type of compensation entails and how it can impact your claim.
General Damages
General damages are designed to address the immediate, physical and psychological impact of your injury. These are the aspects of your life that are harder to quantify but no less significant. General damages include:
- Pain and Suffering
This compensates for the physical and emotional distress caused by your injury. Whether you’re dealing with chronic pain, discomfort, or mental health struggles like anxiety or depression, these damages aim to acknowledge your experience and compensate for your injury. - Loss of Enjoyment of Life
Injuries can often limit your ability to participate in hobbies, activities, or everyday routines that once brought you joy. If your quality of life has diminished, this will be factored into your compensation. - Psychological Impact
Emotional trauma, such as post-traumatic stress disorder (PTSD), anxiety, or depression resulting from your injury, is also considered under general damages.
Special Damages
While general damages address the personal impact of your injury, special damages focus on the financial losses you’ve incurred. These are quantifiable costs directly related to your injury, including:
- Medical Expenses
Special damages cover the cost of medical treatment, such as, emergency care and hospital visits, specialist consultations, physical therapy and rehabilitation and any ongoing medical needs or future treatment costs. - Lost Earnings
If your injury has forced you to take time off work, you can claim compensation for any income you’ll have lost during your recovery. - Future Loss of Earnings
In cases where your injury affects your ability to return to work or perform the same role, you may also claim for a loss of earning capacity. - Travel Expenses
Costs related to travel for medical appointments, therapy sessions, or other injury-related needs can be included in your claim. - Care and Assistance
If your injury has caused you to rely on others for care, whether professional caregivers or family members, you can claim compensation for these costs. - Property Damage
If your personal property was damaged in the incident, such as your vehicle in a road traffic accident, you may be reimbursed for repair or replacement costs.
How These Damages Work Together
When making a personal injury claim, both general and special damages are assessed together to determine the total amount of compensation you’re entitled to. For example, if you suffered a back injury in a car accident, general damages would account for the pain and limited mobility you’ve experienced, while special damages cover your medical bills, lost wages, and transportation costs. Both categories are crucial in providing comprehensive compensation that reflects the full impact of your injury.
Why Seeking Legal Advice is Key
Understanding the types of compensation available is essential for maximising your claim. However, the process can be complex, and ensuring you’re awarded the full amount you deserve often requires expert guidance.
Personal injury lawyers will strive to ensure you receive the compensation you’re entitled to for your injuries, along with any other financial losses resulting from the accident.
Personal injury claims in the UK are designed to help victims recover both financially and emotionally from their injuries. By understanding the distinction between general and special damages, you’ll be better equipped to pursue a claim that addresses every aspect of your situation.
To find out more about Thomas & Thomas Solicitor’s services click here – Legal Services in South Wales – Thomas & Thomas Solicitors
