If you have been involved in an accident that was not your fault, the aftermath can feel confusing and overwhelming. You may be dealing with medical appointments, time off work, and uncertainty about what comes next. One of the biggest questions people ask during this time is: “What compensation am I entitled to?”
The law allows you to make a personal injury claim if someone else’s negligence caused your injuries. When you bring such a claim, your compensation is divided into two main parts: General Damages and Special Damages. Understanding how each of these works can help you feel more in control of the process and ensure that nothing important is overlooked.
This guide breaks everything down in simple, easy-to-read language so that you can clearly understand what you may be able to claim for, what evidence you need, and how professionals calculate your losses.
What Are General Damages?
General Damages compensate you for the pain, suffering, and loss of amenity that you experience because of the accident. These damages relate to the physical injuries you suffered and the ways in which your life has been affected.
Loss of amenity simply means the impact the injury has on the quality of your daily life. For example, if you normally go to the gym, walk your dog, lift your child, or take part in a hobby and you are unable to do so for months, this loss is factored into the value of your claim.
General Damages are personal to you. No two injuries will have the same impact on two different people. Someone who works in a physical job may be affected differently from someone who works at a desk. Age, circumstances, and overall health also matter.
How are General Damages calculated?
A medical report is essential. You will be assessed by a medical expert who will review your injuries, the treatment you need, the impact on your day-to-day life, and whether there are likely to be long-term or permanent effects.
Legal professionals then use established guidelines, case law, and your medical evidence to calculate the appropriate amount. The aim is to ensure that the compensation reflects the true impact of the injury on your life, both physically and emotionally.
What Are Special Damages?
Special Damages cover the financial losses you have suffered because of the accident. These are also known as out-of-pocket expenses. They are usually easier to calculate because they relate to actual costs and financial losses.
Special Damages are designed to put you back in the financial position you would have been in if the accident had not happened.
Common types of Special Damages include:
1. Loss of earnings
If your injuries prevent you from working, even for a short period, you may lose income. If your employer does not pay you in full while you are off sick, this loss can be included in your claim.
You may still receive Statutory Sick Pay (SSP), but SSP is usually much lower than normal wages. You can therefore claim the difference between what you should have earned and what you actually received.
Loss of earnings can also cover:
- basic salary
- overtime
- bonuses
- commission
- shift allowances
In more serious injury cases, there may be a claim for future loss of earnings if your ability to work is permanently affected. Your pension contributions may also be impacted, and this can be included in the claim.
2. Care and assistance
If you need help with everyday tasks after the accident, you can claim for care, even if it was provided by friends or family. This may include help with:
- cooking
- cleaning
- shopping
- washing
- dressing
- driving to appointments
Even informal care has value in the eyes of the law. The time your loved ones spent helping you can form part of your compensation.
3. Medical expenses
Accidents often lead to medical costs, including:
- physiotherapy
- scans
- prescription charges
- private treatment
- recommended surgery
- rehabilitation programmes
If you have private health insurance, your insurer may require you to recover their outlay from the at-fault party as part of your claim.
4. Travel expenses
Travelling to medical appointments, therapy sessions, or hospital visits can add up quickly. You can claim for:
- fuel
- parking
- public transport
- taxis (especially if advised on medical grounds)
5. Damage to property
If your clothing, glasses, mobile phone, or other belongings were damaged in the accident, these can be included in Special Damages.
How Loss of Earnings Is Calculated
Loss of earnings is one of the most common and often one of the largest parts of a personal injury claim. Understanding how it works can help you keep accurate records and avoid missing out on compensation.
If you are employed
Solicitors typically request at least three months of wage slips prior to the accident. These are used to calculate your average net income over a 13-week period.
The steps are usually:
- Work out your average net monthly wage before the accident.
- Multiply that average by the number of months you could not work.
- Deduct any income you did receive during that period.
- The remainder is your loss of earnings claim.
If you regularly earned overtime or bonuses, these will be considered. Your employer may be asked to provide additional records confirming your typical working pattern.
If you are self-employed
The process is more complex but still manageable. Without wage slips, the solicitor usually works with your accountant to gather evidence such as:
- tax returns
- profit and loss accounts
- invoices
- bank statements
- cancelled contracts
- evidence of work you could not complete
Self-employed people may lose income because they could not work or because they had to turn down jobs while injured. All of this can be included, but detailed records are essential.
What Evidence Do You Need for Special Damages?
Special Damages rely heavily on evidence. Without proof, the court is unlikely to award compensation for a claimed loss.
You should keep:
- wage slips
- bank statements
- invoices
- receipts
- prescriptions
- mileage logs
- medical letters
- photographs of damaged items
If you are unsure whether a cost can be included, it is always safer to keep the receipt just in case.
Why Evidence Matters So Much
Unlike General Damages, which are assessed based on medical evidence and guidelines, Special Damages must be verified. Courts want to be confident that:
- the expense was actually incurred
- the accident caused the loss
- the amount claimed is reasonable
Strong evidence strengthens your claim and can significantly increase your compensation. Missing evidence can have the opposite effect.
Why Having a Specialist Matters
Personal injury claims can be straightforward in some cases, but in many situations they involve complex calculations, multiple heads of loss, and long-term financial implications.
Some losses may not arise until months or even years after the accident. For example:
- a future loss of earnings claim
- the cost of long-term physiotherapy
- future surgery
- care needs
- psychological therapies
A specialist personal injury solicitor understands how to identify all possible losses, gather the right evidence, and ensure everything is included in your claim.
Without professional guidance, many people underclaim or miss out on significant areas of compensation simply because they did not realise they were entitled to them.
Why Understanding These Damages Helps You
Knowing the difference between General and Special Damages helps you:
- understand what your solicitor is asking for
- keep accurate records
- avoid losing important receipts
- feel confident during the claim process
- know what to expect in terms of compensation
- spot any missing areas of loss
It also gives you peace of mind. You know you are not being left in the dark, and you can play an active role in making sure your claim is accurate and complete.
Final Thoughts
Being involved in an accident that was not your fault can disrupt your physical health, emotional well-being, and financial stability. Compensation is designed to help you recover from the impact of the incident and put you back in the position you were in before the accident.
General Damages recognise the pain, discomfort, and changes to your lifestyle.
Special Damages reimburse the financial losses you have suffered and may continue to suffer.
The more you understand these two parts of a personal injury claim, the better prepared you are to protect your rights and ensure you receive the compensation you deserve. With the right guidance, clear evidence, and careful documentation, you can move forward with confidence and focus fully on your recovery.