Defining Special Damages
Compensation claims are divided into 2 categories, referred to as general and special damages. Your general damages compensate for the pain, suffering, and reduced quality of life resulting from your injuries, but what are special damages?
In short, special damages can compensate for the financial losses you sustained because of your injury. Our glossary guide will explain what special damages can cover and take a look at the proof you may need to claim for them. From medical expenses and travel costs to loss of income and property damage, we detail everything you need to know about special damages.
As our guide continues, you will also find out whether there are any deadlines for claiming compensation. Finally, we’ll highlight the benefits of claiming through our panel of specialist solicitors and how they can help you pursue compensation on a No Win No Fee basis.
Read on to find out how special damages can help if you’ve incurred out-of-pocket expenses because of your injury. At any point in this guide, please feel free to get in touch with our friendly team and see if you have grounds to claim compensation by:
- Calling us on 020 3870 4868
- Using our live chat function in the bottom right corner
- Filling out the online form on our website
Jump To A Section
- What Are Special Damages?
- How Can Interim Payments Help Me?
- If I Want To Claim Special Damages, How Long Do I Have?
- Will I Need Proof To Claim For Special Damages?
- Can A Solicitor Help Me To Claim My Special Damages Back?
- How UK Law Can Help
- Learn More
What Are Special Damages?
Special damages are the part of a compensation claim which covers the financial losses you’ve incurred as a direct result of the injuries you suffered. These are quantifiable costs which aim to compensate you for the actual money you’ve lost or may lose in the future.
Any loss that is claimed for under special damages must be proven with documentation. We’ll cover what kind of proof you might need later on in this guide.
Below, we explore some common types of special damages that you may be able to claim for.
Loss Of Income
If your injury has left you unable to work, either temporarily or permanently, you can claim for the earnings you’ve lost during your recovery. Provided that you have proof, you could claim for:
- Wages missed due to time off
- Future loss of earnings if your ability to work is affected
- Bonuses, commissions, or promotions you may have missed out on
Cost Of Care
You can claim for the cost of care, including support from professional carers, family, and friends. For instance, you could claim for costs related to:
- Private medical treatment you paid out-of-pocket for
- Medication and prescriptions
- Paid carers or nursing services
- Help from family members with daily activities, such as errands and personal care
Rehabilitation
Recovery may involve ongoing therapies or specialist treatment. You can claim for expenses like the following:
- Physiotherapy or other rehabilitative care
- Counselling and other mental health services
- Occupational therapy to help restore your independence
Home Adaptations/Cost Of Moving
Depending on the nature of your injuries, you may need to make changes to your living space or even move elsewhere. Special damages can recover such costs, including:
- Installation of stairlifts, handrails, or wet rooms
- Widening doorways or modifying access points
- Relocation expenses if your current home can no longer accommodate your needs
Travel Expenses
Travel costs linked to the injuries you suffered are recoverable under special damages. These expenses can cover:
- Fuel or paying for public transport to and from appointments
- Parking costs at hospitals or clinics
- Travel expenses for a carer or family member accompanying you
Even small amounts add up over time, so it’s important to track every journey and keep hold of proof.
Repair Or Replacements
Special damages can also cover the cost of repairing or replacing property damaged related to your claim, such as bicycles, mobile phones, or clothing. These should be supported with evidence like:
- Repair estimates or receipts
- Purchase invoices
- Photographic evidence of the damage
We’re here to help, so please get in touch with our advisory team to learn more about what special damages can cover. Otherwise, keep reading as we continue to answer the question, ‘What are special damages?’
How Can Interim Payments Help Me?
Interim payments can help you cover urgent costs that might arise during the claims process, such as:
- Medical bills, such as emergency treatments
- Rehabilitative care or nursing costs
- Adaptations to your home to improve accessibility
An interim payment is a proportion of your compensation that is paid out before a claim is fully settled. These payments are only possible if a defendant has admitted liability or it’s likely you’ll win compensation.
Please contact us for further guidance and to find out how a solicitor from our panel can help with interim payment applications.
If I Want To Claim Special Damages, How Long Do I Have?
Under the Limitation Act 1980, you typically have 3 years from the date of your injury to begin a compensation claim. This window is referred to as a time limit or limitation period.
However, the act does make some important exceptions for 2 groups who cannot start a claim for themselves:
- Claimants under the age of 18: The 3-year time limit does not take effect straight away, instead beginning when someone turns 18. That gives someone until their 21st birthday to start a claim.
- Lack of mental capacity: Time limits are frozen for those who cannot manage their own affairs. The standard 3 years will only apply if their mental capacity returns (dated to the point of recovery).
In both cases, a litigation friend can make a claim on another’s behalf while time limits are paused. Any suitable adult, such as a loved one or solicitor, can fill this role to perform various duties related to the claim and act in the best interests of the injured party.
If you’d like to find out more about what a litigation friend is, feel free to contact our team of helpful advisors. Next, in our ‘What are special damages?’ guide, we take a look at whether you’ll need proof of your financial losses.
Will I Need Proof To Claim For Special Damages?
Yes, you will need proof to claim for special damages. As we touched on earlier, you must be able to provide documented evidence for your financial losses, such as:
- Loss of earnings: Payslips, employment contracts, or letters from your employer
- Purchases or services: Receipts, bank statements, and invoices, such as bus tickets and taxi fares
- Property: Repair estimates or proof of replacement costs
If you’re unsure about the process of collecting evidence, such as proving a loss of earnings, support is available. If you work with a solicitor from our expert panel, you’ll get whatever help you need to prove your financial losses.
Get in touch with an advisor to learn more, or keep reading to find out how our panel of solicitors can help.
Can A Solicitor Help Me To Claim My Special Damages Back?
Certainly. Working with a solicitor can make a big difference in the outcome of your compensation claim. In particular, our panel of solicitors are able to:
- Help you identify all recoverable losses
- Ensure deadlines are met
- Negotiate with the other party on your behalf
- Present a well-supported case with full documentation of your financial losses
Keep reading to find out more about the benefits of working with a solicitor from our panel. You can also speak with an advisor to find out how they can help you claim the special damages you’re entitled to.
How UK Law Can Help
UK Law works with a panel of experienced personal injury solicitors who have the expertise needed to secure a fair compensation for you. They know how to gather a strong body of evidence, meet deadlines, and handle communications with the other party.
Our panel of solicitors work through a Conditional Fee Agreement (CFA), which means you won’t face:
- Any immediate solicitor fees to start a claim.
- No additional solicitor fees to pay as the claim moves forward.
- No fees to pay if your claim is unsuccessful
Under a CFA, you’ll pay for your solicitor’s work through a success fee if you win compensation. This fee is a percentage taken by your solicitor from your compensation and capped by The Conditional Fee Agreements Order 2013.
Contact Our Panel Of Advisors
Our experienced advisors are available 24/7, ready to offer free advice and answer any questions you have about special damages. If you are eligible to claim compensation, you could be connected with a specialist No Win No Fee solicitor from our panel.
Are you ready to find out more? Get in touch today using the contact details below:
- Call us on 020 3870 4868
- Use our live chat function in the bottom right corner
- Fill out the online form on our website
Learn More
For further reading, please consider some of our other guides:
- Read about what to do if you’re injured in an accident.
- Find out if you will need to obtain a medical report.
- More information about what success fees are.
Some external resources:
- Get guidance from the NHS on when to call 999.
- Find out more about the role of the Court Funds Office (CFO).
- Learn if you’re entitled to Statutory Sick Pay (SSP).
Thank you for reading our guide, which aimed to answer the question, ‘What are special damages?’
