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Legal Resources - Special damages

"Special Damages" is the term used to describe the compensation which can be recovered from the negligent party in respect of expenses or financial losses suffered as a result of an accident and which can be reasonably easily quantified. Examples of the types of items which may be involved are :-

  1. Loss of past earnings and assessed future earnings
  2. Medical Expenses - past and future
  3. Cost of nursing or other professional care - past and future
  4. Gratuitous assistance eg unpaid help from family and friends
  5. Prescription charges
  6. Travelling expenses for attending hospital, doctor etc for treatment resulting from the accident
  7. Costs of gardening, decorating, housework etc if you have to pay for this to be done because you are no longer able to do it yourself
  8. Loss of or damage to your property

Obviously not all of the above will apply in every case and there may be other items depending on the individual circumstances of each claim.

For those items representing expenses which have actually been incurred and paid, documentary evidence will be required and it is essential therefore to keep a full record and retain carefully all receipts, invoices, travel tickets etc.

Awards made to compensate for pain and suffering and loss of amenity are assessed separately - see General Damages.

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