What Can I Claim For In A Personal Injury Claim?

If a personal injury claim is successful, you will be able to seek to recover compensation to reflect your injuries. 

1. General damages

Damages for the actual pain, suffering and loss of amenity which you have incurred are called ‘general damages’.

General damages will include compensation to reflect any pain and suffering, both past and future, and how the injuries affect your general lifestyle, hobbies and so forth. The level of general damages will very much depend on the medical evidence that will be needed. There are no set figures for general damages; each case depends on its own circumstances and evidence.

However, the Court uses guidelines and previously decided cases to decide on the level of award to be given.

2. Special damages

As well as general damages, you will also be able to recover any reasonable losses and expenses that you have incurred as a direct result of the injury. These damages are called ‘special damages’.

You are under a duty at law to keep those to a minimum, and record and document any losses and expenses incurred. These records should then be provided to the defendant to stand the best chance of recovering them.

Some examples of special damages which you may be able to claim are:

• The cost of personal property damaged in the accident, including clothing;
• Medical expenses, such as private treatment, prescriptions or medication purchased over the counter;
• Travelling expenses;
• Care and assistance if you have needed help with personal care, domestic chores or gardening;
• Loss of earnings, if you have been unable to work because of your injury;
• Lost pension contributions;
• Additional household bills if you have to spend more time at home because of your injuries than you normally would; or
• Cancelled holiday costs if you were unable to go on a planned holiday because of the injury

These are just examples of what you may be able to claim.