When you’re dealing with a personal injury claim, understanding compensation can feel overwhelming. One of the most common yet confusing elements involves the concepts of general damages and special damages.
However, these terms form the backbone of any personal injury case, and knowing their differences could make all the difference in the success of your claim. This guide breaks down these concepts in simple terms, so if you’ve suffered an injury due to someone else’s negligence, you’ll know exactly what you’re entitled to and how to pursue it.
What Are General Damages?
General damages compensate individuals for non-financial losses and harm caused by an accident or injury. These damages go beyond monetary outlays and instead focus on the impact the injury has on an individual’s quality of life.
Common Examples of General Damages:
- Physical pain and suffering: Compensation for the ongoing and often overwhelming toll that physical injuries may bring.
- Loss of amenities/enjoyment of life: For instance, if a sports enthusiast can no longer play their favourite game.
- Psychological effects: This might include anxiety, depression, or post-traumatic stress resulting from the incident.
- Disfigurement or impairment: Scarring or diminished physical abilities can be considered here.
- Relationships and companionship losses during recovery or in fatal injury cases.
How Are General Damages Calculated?
General damages can be subjective because every injury and its effects are unique. Court guidelines, such as Ireland’s Judicial Council’s Personal Injuries Guidelines, provide a framework that assesses compensation based on the type, severity, and longevity of the injury.
For example, severe neck injuries might command between €150,000 and €300,000 compensation, while minor injuries that recover within six months might result in just a few thousand euros.
What Are Special Damages?
Special damages, on the other hand, compensate for quantifiable financial losses incurred as a direct result of the injury. These are essentially the “out-of-pocket expenses” related to the injury and can include incurred costs and future anticipated losses.
Examples of Special Damages:
- Medical expenses:
- Doctor, hospital, physiotherapy, X-rays, medication, and even future surgery costs.
- Loss of earnings:
- Compensation for wages lost during recovery, or if the injury has limited future earning potential.
- Travel expenses:
- Covering trips to and from medical appointments, such as taxi fares or parking fees.
- Property damage:
- Repair or replacement costs when an item, such as a car or phone, is damaged in the accident.
- Additional costs:
- Items like childcare, household help, or equipment needed because of the injury.
How Are Special Damages Calculated?
Calculating special damages is more straightforward. It requires evidence in the form of receipts, invoices, or payslips to show all the financial consequences of the injury. Keeping all documentation and sharing it with your solicitor throughout the process is essential.
Pro Tip: The sooner you record your expenses and submit receipts, the stronger your case will be.
The Key Differences Between General and Special Damages
- Scope:
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- General damages focus on non-financial impacts, such as pain and suffering.
- Special damages cover measurable financial losses, like medical bills.
- Subjectivity:
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- General damages are subjective and dependent on court guidelines.
- Special damages are objective and rely on concrete evidence.
- Timeframe:
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- General damages account for the overall impact of the injury, both past and future.
- Special damages can include ongoing costs but are often tied to expenses from the time of injury to case resolution.
Why Understanding These Matters in Your Case
General and special damages both play a critical role in ensuring fair compensation. Without understanding them:
- You may not claim for all expenses (e.g. missing receipts).
- You could underestimate the total worth of your case, leaving you under-compensated for both financial and non-financial losses.
How Can You Achieve Fair Compensation?
If you’ve suffered an injury caused by a negligent party, here’s what you need to do to improve your claim’s chances:
1. Keep a Record of Everything
Document all your expenses—think receipts, invoices, and even notes about how the injury has impacted your day-to-day life. Travel costs, work absences, and childminding are all relevant.
2. Seek Expert Help
Understanding the Judicial Council’s guidelines or estimating long-term impacts isn’t easy to do alone. Working with specialised solicitors ensures your claim captures every possible avenue of compensation—both general and special.
3. Retain Clear Evidence
Lost earnings? Have your employer retain records of your absence. Travel expenses? Keep parking tickets and taxi receipts. Medical records and photos of injuries are also critical.
4. Estimate Future Impacts
Many injury claims don’t just compensate for what’s already happened—they include possible future losses. If your injury might cause ongoing medical needs or career challenges, these must be considered too.
What Makes Legal Advice Essential?
Navigating personal injury claims and ensuring full compensation can be overwhelming. An experienced solicitor understands how to build a case, calculate both general and special damages, and advocate effectively on your behalf.
At HOMS Assist, we have the expertise to make this process simpler for everyone. From ensuring you claim for every eligible expense to helping demonstrate the full non-financial impacts of your injury, our team is here for you.
You don’t need to tackle this challenge alone. Contact HOMS Assist today for confidential legal advice and a no-obligation discussion about your case.
Takeaway
Whether it’s recovering financially from a costly hospital stay or being adequately compensated for the emotional toll an injury has taken on your life, understanding the balance between general and special damages is key to claiming what you deserve. With the right guidance, you can focus on recovering while an expert team ensures fair compensation for your losses.
