Special damages compensation is the term used for the award made in personal injury claims for any related financial harm. It refers to financial losses and expenses that you can prove resulted from the injury you suffered. Special damages, alongside general damages, are the two heads of loss that can make up a successful compensation award in personal injury claims.
Importantly, unlike general damages, special damages compensation cannot be claimed on its own. This is because any financial harm you wish to claim must be directly related to the physical and/or psychological damage caused.
Furthermore, you must be able to prove the losses were a direct result of the injuries caused by a breach of the duty of care owed to you. A duty of care is placed on an individual or an organisation that requires them to take reasonable care to avoid causing foreseeable harm. It is a legal obligation.
Who Owes Me A Duty Of Care?
There are various daily situations in which a liable party owes you a duty of care. These include:
- On the roads. If you suffer injuries in a road traffic accident that was not your fault, your claim may also recover special damages for loss of earnings and nursing care.
- At work. In addition to being compensated for general damages for an accident at work, you could also receive special damages for medication costs (both prescription and over-the-counter).
- In public places. If a breach of duty causes injuries while in a public place, your settlement (if you make a successful claim) could include compensation for accommodation adaptations to help cope with your injury.
Claim for Financial Losses
Special damages compensation in a successful claim can be awarded for the following:
- Any current or predicted drop or loss in earnings.
- Damage to your pension contributions or attendance bonus.
- Travel expenses.
- Medical and rehabilitation expenses for treatments.
- Essential changes to your home or vehicle to accommodate a permanent disability.
- The cost of domestic care, for example, a carer who cooked, cleaned or performed other tasks for you.
To have these amounts for special damages compensation included, it’s necessary to put forward evidence. Therefore, it’s sensible to retain all paperwork that relates to your financial losses and expenses, such as:
- Payslips that prove a loss in earnings.
- Medical bills and receipts for prescriptions.
- Bank statements proving outgoings related to your recovery and treatment.
- Also, receipts and/or invoices for care costs or tradespeople who carried out essential work at home.
- Tickets and receipts for essential travel.
Special damages compensation can also be claimed for predicted costs that you look certain to face. For example, if you suffered a serious back injury at work because your employer provided you with a faulty ladder, you could claim for long-term rehabilitation costs as well as future lost earnings.
In some cases, the claimant may be unable to return to work at all. If so, a compensation amount can be calculated that reflects the remainder of their working career based on current payslips. And the permanent nature of their injury and disability. A personal injury solicitor can help accurately calculate these amounts if you choose to work with one.
For more information on legal terminology, please see our legal glossary.
