Personal injury occurs when an individual is injured due to someone else’s negligence, carelessness or wrongful actions, and can entirely disturb the quality of someone’s life. If you have been a victim of an accident and damage has occurred as a result, then you could be eligible to make a claim.
The term “damages” in personal injury cases means the amount of compensation awarded to the claimant who has suffered an injury as a result of someone else’s negligence or failure to act.
Damages can be classified either as general or special.
General damages are those damages that are categorized as non-financial losses, i.e. pain and suffering, physical or emotional trauma that has left an impact on the sufferer’s life.
Types of General Damages:
Each case has its own circumstances; similarly, each case varies from another case in nature, depending upon the severity of the damage.
Usually, general damages include:
- Physical trauma
- Physical impairment
- Physical pain and suffering
- Any physical/bodily deformity
- Psychological trauma
Calculating General Damages
Unfortunately, it is difficult to calculate how much compensation could be awarded, general damages are a way of compensating the sufferer for the pain they have faced from the accident, the greater the injury the greater the compensation amount will be awarded. Therefore, injuries either physical or mental vary from person to person; similarly, the compensation amount will also vary accordingly as each case is different from another.
Special damages involve financial compensation provided to the sufferer for the losses and additional costs that arise as a result of the defendant’s negligent act. Special damages are categorized as the “out-of-pocket” expenses sustained as a result of an accident.
Types of Special Damages:
- Any loss of income or time you have taken off work
- Employability, if your capacity has changed and you now have a lack of future job opportunities
- Medical expenses such as appointments, treatment, medicines etc.
- Additional expenses caused due to the accident – adaptations, travel, future loss of earnings etc.
Recovering Special Damages:
The very first step to recovering special damages is to provide documented proof of them by keeping the evidence, e.g. receipts and invoices.
You can use medical bills, medicine receipts, the records of appointments and treatment provided by your GP or hospital along with your employment records, this will help display the extent of your injuries and your financial losses. Keeping a record of these things will help speed up the process of your claim.
Injury claims can be complicated, and the only way to calculate what damages you could receive is to contact an expert injury solicitor about your situation.
Calculating Special Damages:
A sufferer can look to claim compensation for both general and special damages. In personal injury cases, a claimant will seek to recover compensation for any medical expenditures. If the injury sustained is severe and as a result the sufferer has taken time off work, then they can seek special damages for the loss of earnings.
We know compensation will not undo everything that has happened, but it can go towards assisting you get a bit of normality back and take away some of the pressures caused financially by the accident. Compensation can help you adjust to the impact of your injuries; support your family by helping pay the bills, or even help pay for medication, treatment or rehabilitation.
Here at Direct Solicitors, our team of specialist personal injury solicitors have over 20 years of experience in helping people who have been affected in an accident. Contact us to find out how much you can claim. We strive to provide a transparent service with no hidden fees, so you can relax and focus on getting better. Call us today on 08000 250 250 to get a free initial consultation. All of our calls are on a free no obligation basis.
In majority of cases, we deal with personal injury claims on a No Win No Fee basis. This will mean there is no upfront cost for pursuing your claim and, if your claim is unsuccessful, meaning, you do not win any compensation; you will not have to pay any fees. No Win No Fee agreements give people who cannot afford legal representation the opportunity to pursue their legal rights and gain the justice they require to make a compensation claim.