If you have been injured in an accident that was not your fault, you may be thinking about making a personal injury claim. One of the first things you will come across is the concept of damages. Damages simply mean the money you may receive to compensate you for the harm you suffered. But the legal terms can feel confusing, especially when you see phrases such as special damages and general damages.
Understanding the difference is important because it helps you know what you can claim, how compensation is calculated, and what evidence you may need. This article breaks everything down in simple, clear English so you know exactly what these terms mean and how they affect your claim.
What Are Damages in a Personal Injury Case?
When someone else’s negligence causes an accident, you have the right to claim money for your losses. The law recognises that an accident can affect your life in many ways—physically, emotionally, and financially.
Damages are grouped into two main types:
- Compensatory damages – money awarded to compensate you for your injury, losses, and suffering.
- Punitive damages – money meant to punish the at-fault person. (These are extremely rare in the UK and only apply in exceptional cases.)
In most UK personal injury claims, the focus is on compensatory damages, which are further divided into:
- Special damages
- General damages
You will usually be able to claim both, depending on how the accident affected you. Let’s look at each type in detail.
What Are Special Damages?
Special damages cover your financial losses—the money you have already spent or will need to spend because of the accident. These are sometimes called economic losses because they relate directly to costs, bills, and expenses.
Think of special damages as the things you can calculate with receipts, invoices, or bank statements.
Examples of Special Damages
Here are some common items that fall under special damages:
Medical expenses
You may need treatment, prescriptions, physiotherapy, X-rays, scans, or specialist appointments. Even though the NHS covers a lot of medical care, you might still pay for:
- Private treatment to speed up recovery
- Medication
- Medical equipment
- Dental work
- Counselling or therapy
These costs can be claimed as special damages.
Loss of earnings
If your injuries stopped you from working, you can claim for the wages you lost. This includes:
- Basic salary
- Bonuses
- Overtime
- Shift allowances
- Commission
If your injury affects your future earning ability, you may also claim future loss of earnings, which can be a significant amount.
Travel expenses
You might need to travel to hospital appointments, physiotherapy, or medical assessments. You can claim for:
- Public transport
- Taxis
- Fuel costs
- Parking fees
Care and assistance
If you needed help at home because of your injury, you can claim for paid or unpaid care. Even if a friend or relative helped you without charging, the law still recognises this as a loss that can be compensated.
Damage to personal property
If your belongings were damaged in the accident, you can claim the cost of repair or replacement, such as:
- Your mobile phone
- Your clothing
- Your bicycle
- Your car
Other reasonable expenses
Special damages can also include:
- Home adaptation costs
- Childcare expenses
- Hiring help for household tasks
- Professional fees (such as medical reports)
The key point is that special damages are specific financial losses that you can prove with evidence.
How Are Special Damages Calculated?
Calculating special damages is often the most straightforward part of your claim because each item has a clear financial value.
You simply:
- Gather receipts, invoices, wage slips, and bank statements.
- Add up all past expenses.
- Estimate future expenses (this may involve expert opinions).
For example:
- You spent £700 on physiotherapy
- You lost £1,200 in wages
- You paid £90 in taxi fares
- Your damaged belongings cost £300 to replace
Your special damages would be £2,290.
If future care or long-term treatment is needed, a medical expert may prepare a report to support your claim.
What Are General Damages?
General damages compensate you for non-financial losses. These are the things you cannot measure with receipts but still affect your life deeply.
You can think of general damages as compensation for the personal impact of the injury.
Examples of General Damages
These include:
Pain and suffering
This covers the physical pain you experienced during and after the accident.
Loss of amenity
This means the loss of your ability to enjoy everyday activities. For example:
- You can no longer play sports
- You cannot pick up your child
- You struggle with hobbies you once enjoyed
Emotional and psychological distress
Accidents often leave emotional scars. You can claim for:
- Anxiety
- Stress
- Depression
- Sleep problems
- Post-traumatic stress
- Fear of driving, travelling, or walking
Long-term disability or impairment
If your injury leads to:
- Limited mobility
- Chronic pain
- Loss of independence
- Disfigurement or scarring
- Long-term health problems
you may receive higher general damages.
Loss of companionship or relationship difficulties
Serious injuries can affect your relationships, intimacy, or overall family life.
General damages cover the human side of the injury—the way it changed your day-to-day life.
How Are General Damages Calculated?
Unlike special damages, general damages do not have a fixed price. Because they are based on your personal experience, they require careful assessment.
Solicitors and courts use several methods:
Medical reports
Doctors, specialists, physiotherapists, or psychologists may provide evidence about:
- Your level of pain
- Expected recovery time
- Long-term effects
- Psychological impact
Judicial College Guidelines (JCG)
Solicitors use the JCG to estimate the typical compensation range for specific injuries. For example:
- A minor soft-tissue injury has one range
- A broken leg has a higher range
- A long-term disability has a significantly higher range
Your personal circumstances
The amount can increase depending on:
- Your age
- Your lifestyle
- Your work
- How your injury affects your responsibilities
For example, a hand injury may affect a musician more severely than someone who does not rely on fine motor skills for work.
Special Damages vs General Damages: Key Differences
Here is a simple and clear comparison to help you understand:
| Special Damages | General Damages |
| Covers financial losses | Covers personal, non-financial losses |
| Easy to calculate using receipts | Harder to calculate and based on expert opinions |
| Includes medical bills, lost income, travel costs | Includes pain, suffering, emotional harm |
| Compensates you for expenses already incurred | Compensates you for life-changing impact |
| Can be precisely measured | Subjective and varies case by case |
Both types are essential in ensuring you receive fair compensation.
Why Both Types of Damages Matter
You may think your claim is only about the money you spent, but the truth is that injuries affect your life in many ways. Special damages help you recover financially, while general damages recognise your pain, trauma, and reduced quality of life.
Together, they ensure your claim reflects the full picture of what you went through.
What Evidence Do You Need for Damages?
To strengthen your claim, you should collect:
For special damages
- Receipts
- Bank statements
- Invoices
- Wage slips
- Repair or replacement quotes
- Travel receipts
- Proof of medical expenses
For general damages
- Medical reports
- Psychological assessments
- Photos of your injuries
- Your personal diary describing pain levels
- Statements from friends or family about changes in your behaviour or lifestyle
The more organised your evidence, the stronger your claim will be.
How Long Do You Have to Make a Claim?
In the UK, you usually have three years from the date of the accident to start a personal injury claim. This is known as the limitation period.
There are exceptions for:
- Children (they have until age 21)
- Individuals lacking mental capacity
- Industrial disease claims
It is always safer to get advice as soon as possible so surrounding evidence remains fresh.
Should You Use a Personal Injury Solicitor?
You are not legally required to use a solicitor, but most people find it extremely helpful. A solicitor can:
- Calculate your damages properly
- Gather expert evidence
- Negotiate with insurers
- Maximise your compensation
- Handle complex legal rules
- Reduce the stress of the process
Insurance companies typically try to reduce what they pay, so having a legal expert on your side helps protect your rights.
Final Thoughts
Understanding the difference between special damages and general damages helps you see the full value of your personal injury claim. Special damages cover your financial losses—things you can measure and prove. General damages cover the impact on your life, your wellbeing, and your future.
If you have suffered an injury because of someone else’s negligence, it is important to know what you can claim and how compensation is calculated. With the right information, good evidence, and proper support, you can pursue a fair settlement that reflects both your financial losses and the personal hardship you have endured.
If you need help understanding your claim or gathering the right evidence, speaking to a specialist personal injury solicitor can make the process much easier and ensure you receive the compensation you deserve.