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What Are Special Damages And How Can They Help You?
Our guide answers the question ‘What are special damages?’ and reveals how one of our solicitors can help you claim for them.
£85 million in compensation
What Are Special Damages And How Can They Help You?
Our guide answers the question ‘What are special damages?’ and reveals how one of our solicitors can help you claim for them.
What Are Special Damages? – Legal Terms Explained
If you’ve been injured or harmed due to the negligent actions of another party, you may be wondering, ‘What are special damages?’ In short, special damages are a head of claim that can compensate you for the financial losses resulting from the injuries that you’ve sustained. Those injuries would be covered by a second head of claim known as general damages. However, our legal glossary guide will focus solely on special damages.
Our article will examine the various out-of-pocket expenses that can be claimed for under special damages, together with the evidence that might be needed to prove these losses. We will also highlight some of the benefits of claiming with one of our highly experienced solicitors.
Essential Information
- You could claim for the financial losses you suffered as a result of the harm or injuries you experienced
- You will need to provide evidence to prove your losses, such as invoices or receipts
- A claim for loss of earnings can also extend to missing out on a promotion or perks like overtime pay
- You may be able to claim for funeral costs if your loved one passed away
- A No Win No Fee solicitor could help you claim for special damages
To find out if you might be eligible for special damages, please get in touch using the details below:
- Call us on 0151 375 9916
- Contact us by filling out our online form
What Are Special Damages?
Special damages are the part of a compensation claim that can reimburse you for the financial impact of any pain and suffering caused by a negligent third party. For instance, you may have been required to pay out-of-pocket for long-term physiotherapy sessions after sustaining a spinal cord injury in a warehouse accident that wasn’t your fault.
These damages can be awarded in claims involving medical negligence, as well as accidents on the road, in public spaces, and at work. However, financial losses cannot be claimed for on their own. If they are awarded, they will always be paid out alongside general damages. To that end, any financial losses that you wish to claim for must have directly resulted from the harm or injury that you experienced.
If you have any queries related to the question of ‘what are special damages?’, please contact one of our friendly advisors today.
Lost Income And Future Loss Of Earnings
If you took time off work due to your harm or injuries, you could be eligible to claim for any loss of earnings you experienced. Claiming for a loss of earnings isn’t limited only to your salary, as it may extend to:
- Overtime pay
- Missed bonuses or promotions
- Future income
- Workplace benefits, such as pension contributions and private healthcare
The award of a loss of future earnings may result from a life-changing serious injury, which could permanently affect your ability to work or perform your old job. In such cases, the calculation will refer to what you would have earned for a specified time period if your injury hadn’t occurred.
Loss of earnings calculations may also take into account the following factors:
- The time you had off work, or how long you’re expected to be absent
- Your net income at the time you were injured or harmed
- Whether you were offered sick pay, and if you’re eligible to receive it
To learn how you could claim for your loss of earnings, please contact a member of our team today.
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Covering The Cost Of Medical Expenses
Under special damages, you may be able to cover the cost of medical expenses incurred as a result of your harm or injuries. For instance, you might have had private treatment to address serious shoulder injuries to avoid long waiting times. If you have proof, you can claim for expenses like the following:
- Medications, such as recurring prescriptions
- Mental health support, including counselling, therapy, and treatments like cognitive behavioural therapy (CBT)
- Private medical consultations and treatments
We understand that you may still have many thoughts concerning the question of ‘what are special damages?’ If so, please feel free to reach out to our team at a time that’s convenient for you. They’re here to help and provide free advice tailored to your unique circumstances.
Compensation For Property Damage
If an accident has led to property damage, you may be able to include the costs under special damages. If you have sufficient proof, you might be able to claim for damage to your:
- Vehicle, if, for instance, it was damaged in a collision on the road
- Items in the home, for instance, due to an accident caused by housing disrepair
- Clothing and other personal items, such as sunglasses
Please note that compensation for property damage depends on multiple variables, such as:
- The terms of any applicable insurance coverage of that item
- The extent of damage
- The actual cash value of the property or item
- The extent of any pre-accident wear and tear
- The cost of repairs
To start your claim, please contact one of our friendly advisors for a free eligibility assessment today.
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We pride ourselves on providing the best service possible for our clients.
Rehabilitation Or Recovery Related Costs
You can also claim for costs related to any rehabilitation or recovery sessions. These out-of-pocket expenses can build up over time, particularly if you’ve suffered an injury that requires long-term specialist support.
For instance, you could include the following:
- Physiotherapy sessions
- Prosthetics
- Mobility aids, such as wheelchairs and crutches
- Treatment to aid your recovery, including ointments, creams, bandages, and ligament support
To find out more about the question of ‘What are special damages?’, please contact our team today. Our advisors are available throughout the week, ensuring you receive a prompt response to your queries.
Special Damages For Funeral Costs
If your loved one was fatally injured, you may be able to claim special damages for funeral costs. However, it’s important to first note that only the deceased’s estate can claim in the first 6 months of someone’s death, per the Law Reform (Miscellaneous Provisions) Act 1934. Under this act, the estate can also claim on behalf of qualifying dependants.
If no such action is taken by the estate during that 6-month period, then eligible dependants can claim for the impact of a loved one’s death under the Fatal Accidents Act 1976. That can include:
- Funeral expenses
- Financial dependency on a loved one’s salary
- Statutory bereavement damages
Please keep in mind that dependants cannot claim for funeral expenses if the estate has already done so under the 1934 act.
We understand this part of the claims process can be a challenging subject. However, if you’d like to share your experience, our team is here to listen and advise in complete confidence.
Other Out-Of-Pocket Expenses
There are many other out-of-pocket expenses that can be claimed for under special damages. Below, you can see a selection of some of these costs:
- Travel expenses to and from medical appointments and physiotherapy sessions
- The cost of care, including long-term assistance for your injuries and additional childcare
- Home adaptations to cater for any disabilities. These modifications may include the installation of ramps, stairlifts and hoists
- Vehicle adaptations to adapt a car to accommodate wheelchairs or other accessibility needs
Our advisors are available 24/7, so please don’t hesitate to get in touch. They can guide you through the claims process and provide more personalised advice on special damages.
How To Prove Expenses For Special Damages
To prove expenses for special damages, you will need to provide evidence that documents your losses. Therefore, we recommend that you keep hold of any evidence that might be relevant to your claim, such as:
- Receipts for travel expenses or medications
- Payslips to prove loss of earnings
- Invoices for home modification costs or funeral expenses
- Bank statements for medical expenses or physiotherapy sessions
If you’re connected with one of our specialist solicitors, they could help to gather any evidence on your behalf. To see if you can start your claim today, please contact our helpful team.
Get Help From JF Law’s No Win No Fee Solicitors
If eligible, you can get help from one of JF Law’s expert No Win No Fee solicitors. They believe everyone who can make a claim should be able to do so without the worry of mounting solicitor fees. That is why they offer their services under a Conditional Fee Agreement (CFA).
In short, it means you can access our high-quality services without paying for solicitor fees:
- At the start of your claim
- As the case progresses
- If your claim is unsuccessful
In the event that you win, you will have to pay a success fee for your solicitor’s work. However, thanks to The Conditional Fee Agreements Order 2013, the percentage taken from your compensation for this small fee is capped. That ensures you will always get the bulk of your compensation.
So, what are the benefits of working with one of our solicitors, besides the advantages offered by a CFA? To start, our solicitors offer cutting-edge expertise developed through years of combined experience helping secure compensation for clients nationwide. More specifically, here are just a few ways one of these expert professionals can support you:
- Regular claim updates so you never have to worry about the status of your case
- Organising a private medical assessment to strengthen your case for compensation
- Helping obtain and present the evidence your claim needs
- Arranging access to rehabilitative care, from psychological support to sessions with physiotherapists
- Explanations of key legal terms and help with signing documents
- Corresponding with the defendant and negotiating on your behalf to secure fair compensation
Contact Our Team
To discuss special damages and how one of our solicitors can help you claim for them, please contact our helpful team today. Get in touch:
- Call us on 0151 375 9916
- Contact us by filling out our online form
More Information
To find out more about different types of claims, please see some of our other guides:
- Learn about making an eye injury at work claim
- Get help with making an office accident claim
- See the following advice about how to make a misdiagnosis claim
Additional external resources:
- Learn how you could claim for statutory sick pay in this government overview
- See this NHS advice on sprains and strains
- Get help with managing sick leave and return to work from the Health and Safety Executive (HSE)
Thank you for reading our helpful guide answering the question, ‘What are special damages?’
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