LITIGATION
General Damages and Special Damages Explained
When taking a personal injury case resulting from an injury, if successful damages can be made under the headings ‘General Damages’ and ‘Special Damages’.
General damages are awarded for the actual injury suffered as a result of the accident such as, pain and suffering while special damages compensate for expenses incurred or losses arising a from the accident such as GP fees, hospital charges, scans, medication, taxi fares, loss of wages etc.
Where the accident caused the injured party to lose wages, these can be recovered under special damages. If the injured party was in receipt of social welfare support during the time off work, these payments will be deducted from the amount awarded.
It is important to keep a record of any such expenses incurred and proof of these by way of actual or copy receipts.
Every case is different so it is difficult to estimate what special damages could amount to, but your solicitor will take into consideration the following:
- Past, current and future medical expenses
- Loss of income to date
- Future loss of income if appropriate
- Travel expenses
- Parking fees at doctors/hospital
Medical Injuries
This is what the injured party suffered resulting from the negligence of the party responsible. The categories that are common are:
- Physical pain
- Mental pain/stress
- Pain & suffering likely to continue into the future
- Physical impairment
- Inability to perform functions that could be done prior to the accident
- Quality of life reduced
- Reduction of mobility
These are general guidelines; cases will differ, for example, a model where there is disfigurement on the face would receive greater damages as their career could be ended by the disfigurement.