Frequently asked questions
- What are ‘general damages’?
- What are ‘special damages’?
- Do I get compensation for my pain and suffering?
- What is ‘loss of amenity’?
- What is ‘loss of congenial employment’?
- Can I claim for my loss of earnings?
- Can I claim for my future loss of earnings?
- Can I claim for the cost of my treatment?
- Can I claim for a carer?
- What is ‘gratuitous care’?
- Can I claim for my expenses?
- Can I claim for my damaged belongings?
1. What are ‘general damages’?
General damages refer to anything you can claim for that doesn’t have a price tag, a fee or a cost, and is generally priceless. Examples of heads of damage that are part of your general damages include:
Unlike special damages where if the treatment costs £1,000 then you claim for £1,000, general damages do not have a set figure. As such, to maintain consistency when awarding general damages, we will often use a reference from the damages awarded in past cases of similar injuries, accidents and circumstances. These references are used as a guideline and are not intended to represent how much you should expect to receive in your claim as each and every case is different.
2. What are ‘special damages’?
Special damages refer to anything you can claim back that has a price tag, a receipt, a fee or a cost. Examples of heads of damage that are part of your special damages include:
3. Do I get compensation for my pain and suffering?
Yes! You can receive damages for your pain and suffering because you would not have had to suffer this pain had the accident not occurred.
To maintain consistency when awarding compensation for your pain and suffering, we will often use a reference from damages awarded in past cases of similar injuries and accidents.
4. What is ‘loss of amenity’?
Loss of amenity is the damages awarded for your loss of enjoyment to life. It refers to the impact that your injury has had or will have on your hobbies, social activities and events.
For example, you have suffered a leg injury that prevents you from enjoying and partaking in your weekly hobby of playing football. This is classed as a loss of amenity and you can be awarded damages for this temporary or permanent impact to your enjoyment to life.
To maintain consistency when awarding compensation for your loss of amenity, we will often use a reference from damages awarded in past cases of similar circumstances.
5. What is ‘loss of congenial employment’?
Loss of congenial employment is a head of damage awarded for your loss of job satisfaction. This is when your injury has forced you to give up on your dream career or forced you to change career paths.
Injuries that can cause loss of congenial employment are usually serious injuries, such as paralysis, amputation, brain damage, memory loss, loss of vision, loss of hearing and more.
Loss of congenial employment can be claimed for when supported by medical evidence. To maintain consistency when awarding compensation for your loss of congenial employment, we will often use a reference from damages awarded in past cases of similar circumstances.
In addition, you may be compensated for your loss of income for the forcible change to your career.
6. Can I claim for my loss of earnings?
You can claim for your loss of earnings as part of your special damages.
Your doctor may advise that you should take time off work to recover from your injuries. This could result in a loss of earnings. As long as medical evidence supports your time off work, then we can help you claim for your financial losses.
In serious injury cases, your injury may affect your future loss of earnings. This could be a reduction in your earnings or a reduction in your earning capacity for the future. If this is the case, then we will seek these losses for you as part of your claim.
7. Can I claim for my future loss of earnings?
Where appropriate (such as for serious injuries), your claim will also include your future financial losses. This can happen when your injury has forced you to retire early, or has forced you to take a job of considerably lower pay.
You may be able to claim for your potential future loss of earnings as long as you have medical evidence to support your claim. We can also calculate a sum for any future care needs, treatment needs and any other future losses that your claim justifies.
8. Can I claim for the cost of my treatment?
Yes, you can claim back the cost of your treatment from the defendant and/or their insurer as part of your special damages.
As a specialist personal injury firm, we have the resources and professional links to help you arrange for the treatment that you may need. Whether it is rehabilitation classes, specialist devices or round-the-clock nursing care; as long as it is supported by medical evidence, then we can arrange it for you.
9. Can I claim for a carer?
If you are in need of a commercial carer to help you with your daily tasks (cleaning, cooking, gardening, etc…) that you are unable to complete because of your injuries from the accident, then we can seek recovery of these expenses from the defendant and/or their insurer.
For certain serious injury cases where you may require indefinite care (for the rest of your life), we will help you claim a reasonable sum to specifically cover the cost of your care for this indefinite amount of time.
Alternatively, if a family member, a friend or neighbour volunteers to care for you instead (for free), then you may be able to claim for gratuitous care.
10. What is ‘gratuitous care’?
Sometimes a family member, friend or neighbour may volunteer to freely care for you and help you with your daily chores, nursing care and/or personal care that you cannot complete due to your injuries. When someone does this out of love and care for you, this is known as ‘gratuitous care’.
The care is given gratuitously, but the time spent by the family and friends is still recognised and can be claimed for, albeit at a reduced rate from what the care would have cost commercially.
11. Can I claim for my expenses?
As part of your special damages, you can claim back for any expenses incurred as a direct result of the accident.
For example, by bringing a claim to a solicitor like Scott Rees & Co, we can arrange and pay for the full repair of your car. We will then seek recovery of the cost of repairs from the defendant’s insurers if your claim is successful.
Other expenses can include things like your insurance excess if your insurer has paid for the repairs, public transport or taxi fares, car mileages for trips to the hospital, parking costs, etc.
We would recommend that you keep all of your receipts and make us aware of your expenses at your earliest convenience. Keeping a hold of your receipts will make it easier to ensure that you get full compensation for your expenses. If you have any questions about your expenses, you should discuss this with your solicitor.
12. Can I claim for my damaged belongings?
In your personal injury claim, you are entitled to claim for your damaged belongings and belongings lost in the accident. This will be part of your special damages as these are replaceable items that come with a receipt, i.e. pieces of clothing, watches, jewellery, etc.
The damaged belongings that you wish to claim for should be brought to the attention of your solicitor as early as possible in your claim. Please note that it may not be possible to reclaim the original value of your damaged items as wear as tear may be factored into the calculations for your damages.
This page was last updated on 18th January 2017. This is a disclaimer to say that although we do make an effort to ensure that information contained on this website is accurate and up-to-date, we would like to remind you that this information is subject to change without notice and that we can accept no liability for the accuracy and/or inaccuracy of the information contained on this website at any given time.