Getting Back what is Yours with Special Damages

Getting Back what is Yours with Special Damages

When making a claim for compensation, there are 2 aspects which normally make up your compensation award. These are General Damages which is for your pain, suffering and loss of amenity, and Special Damages.

Special damages is any quantifiable expense that you have incurred because of the accident or injuries. The purpose is to address any economic loss and to give you back return your financial position to that which would have been had the injury not occurred.

Not many people keep receipts for every purchase (myself included) but without documented evidence, the Defendant or their representatives are unlikely to reimburse you for the loss.

What can you include as a Special Damage?

Special Damages can be sought for basically any quantifiable expense such as:

• Loss of earnings or loss of future earnings. You can also include loss of chance or loss of prospects on the open labour market, even pension contributions.
• Travelling expenses to and from any trip that you make as a result of your accident.
• Medical and care expenses. if you are receiving help to do the everyday jobs that you normally do, you can claim at an hourly rate.
• Damaged items
• Loss of enjoyment for planned events or holidays that you were unable to enjoy as a result of the accident, even the cost of a replacement holiday.

The next time you make a purchase, make sure you keep the receipt!

Regardless of how small you believe it to be, if you had incurred a loss as a result of the accident, you are entitled to claim for it. Although bear in mind that any loss should be reasonable and you always have a duty to mitigate your loss. This means that if you drive a Ford Fiesta and you need a replacement vehicle whilst it is being repaired, it would be unreasonable to hire a Porsche at an expensive daily rate!