If you are successful in your claim, the compensation you receive will fall into one of the following two categories.
General Damages
This is the name given to those losses that cannot be calculated arithmetically.
In the vast majority of cases this will mean the compensation for your injury. Obviously it is difficult to translate pain and discomfort into money but each case is valued according to the period of pain and suffering experienced, the treatment received and whether the injury has affected your capacity for work or altered your lifestyle. Any activity you would normally do, but are prevented from doing by the injury is taken into account. In assessing the appropriate level of compensation we refer to the Judicial Studies Board Guidelines, which is a set of guidelines giving brackets of compensation for various types of injury, together with awards given in previously decided cases.
General Damages can also include other items such as the disappointment of having to cancel a holiday due to your injuries or any disadvantage that you may be under on the job market due to your injuries.
Special Damages
These are items that can be identified and calculated with reasonable accuracy.
Special Damages cover losses and expenses related to the accident and can include loss of earnings, prescription and medication charges, medical treatment charges, travel expenses, damaged clothing or personal effects and reasonable car hire charges.
The above list of Special Damages is not exhaustive and essentially any reasonable loss that you incur because of your injuries can be included in the claim.
It is a good idea to keep a written record of your losses and expenses together with any supporting documents such as receipts as the insurance company will need a full breakdown of your claim together with copies of the supporting documents.
If you are in any doubt as to whether any particular loss or expense can be included in a claim please let us know and we will be happy to advise.
