Special damages are the part of a compensation claim that covers the added expenses caused by the injury suffered. The claim for the actual injury itself is covered by what is known as general damages. However, most people who have been involved in an accident may have to take time off work and they may also incur other expenses. This could make life very difficult and special damages allow them to recoup this money. So what expenses can you claim special damages for?
What can actually be claimed?
Special damages are split into two different types – incidental and consequential – though it is more than likely that both will be included in your claim. Incidental damages are related to your situation following the accident. For example, they will cover medical expenses (including private) and having the car fixed if the claim is for a personal injury related to a road traffic accident.
The scope of expenses which can be claimed with consequential damages is much wider. One of the major benefits of any special damages related to a compensation claim is the ability to claim for loss of earnings due to time off work recovering, or if unable to continue working. The loss of pension contributions while off work is also covered.
If your injuries are serious enough to warrant the services of a carer the claim will include the cost of the carer, even if a member of your own family is the carer. If your injuries are devastating and your home has to be adapted that expense can be claimed as special damages.
Consequential special damages do not have to be related to the injuries you suffer. Damage to property can also be taken into account. A good example is a road traffic accident claim. While your car is being repaired you will need alternative ways to get to work. That will also be expensive and under special damages those costs can also be claimed, be they bus or train fares or the cost of car hire.
Factors which could reduce your special damages claim
If you were partly responsible for the accident the expenses you will be able to claim as special damages may be significantly reduced. If you find yourself in this unfortunate position it is best to seek legal advice from a reputable law firm, such as Accident Advice Helpline.
The advantages of using legal experts
Should you be putting in a compensation claim for personal injury it is always best to seek legal advice. This is because compensation is a very complex issue. We have specialist solicitors who will be able to assess your claim and then provide advice and representation. A good example of how we can help is with the issue of special damages. The party liable for your loss may well make an offer of special damages below the figure we believe what you are entitled to. As your representatives we will strive to secure the settlement you deserve.
Cost will not be an issue when we represent you because we work on a 100% no win, no fee** basis. If we don’t win your case, you pay us nothing.
Date Published: October 15, 2013
Author: David Brown