If you’re injured in an accident and need to make a claim against a third party then there are two parts to any claim. First there is the compensation for the injuries suffered, this is called the General Damages.
Then the law allows for a claim of other costs and out of pocket expenses and this is under the bracket of Special Damages.
The amount of compensation you are entitled to claim for your specific injury (general damages) is worked out by following the ‘Judicial Studies Board’: A document which lists almost every injury imaginable alongside the appropriate amount of compensation that should be awarded to the victim based on analysis of many separate cases.
The law seeks to place a person back in the position that they would have been in had their accident not occurred.
However, if you’ve ever been involved in an accident, you’ll know that the cost to you can go far beyond just the injury itself.
Special Damages in Accident And Injury Claims
The law seeks to place a person back in the position that they would have been in had their accident not occurred. This means that you can claim for any money that you lost or had to spend because of your accident, also known as special damages, and these include but are not limited to;
- loss of earnings
- medical treatment
- gardening and DIY services
- damage to personal possessions
- travelling costs
I’ve had a life altering injury – what else can I claim for?
Here at Bott and Co we will consult medical experts who will not only tell us what your injuries mean for you now, but what they will mean for you in the future. For example: if you’re forced to have a leg amputated, you’re more likely to suffer arthritis and back pain, so we’ll factor the cost of treatment for these conditions.
If you’ve suffered an injury that will affect your life in the long-term, we can recover compensation to cover current, ongoing and future costs you will incur, including:
- The cost of wheelchairs and prosthetic limbs (also covering foreseeable replacements and repairs)
- A new house/bungalow where the injured party’s existing home is no longer fit for purpose. For example: where it is impossible for a person to move around their home in a wheelchair
- Physiotherapy sessions
- Occupational therapy
- Help with gardening, decorating, chores, ad hoc tasks
If you are no longer able to work because of your injury, we will also calculate your loss of earnings up until the point that you are of an age that you would have retired
For less serious injuries that result in time off work we can also recover any loss of earnings that you experience as a result of the injury. For employed people we would need evidence of payslips and evidence of the time take off work.
For self-employed people the list of documentation is more comprehensive but we have created a separate guide to claiming loss of earnings for self-employed people.
Contact our legal team for more information.
Senior Partner of Bott and Co, David is a fellow, and past president of the Association of Personal Injury Lawyers (APIL).
Championing consumer rights, he regularly speaks at legal conferences and has appeared on a number of television shows including The One Show and Watchdog, as well as BBC Radio 4 and Radio 5 Live.