If you have been involved in an accident that has resulted in personal injury in England, you may be entitled to compensation for your losses. However, in order to receive adequate compensation, it is important to understand how damages are calculated in personal injury claims in England.
There are two types of damages that can be claimed in a personal injury case: general damages and special damages.
General damages are intended to compensate the injured person for the pain, suffering and loss of amenity caused by the injuries sustained in the accident. These types of damages are not quantifiable and are based on the severity of the injuries suffered by the injured person.
The amount of general damages awarded will depend on various factors, including the extent and seriousness of the injuries, how long it took for the victim to recover and the impact the injuries have had on the victim’s quality of life. An experienced personal injury solicitor can help to assess the appropriate level of general damages for your case.
Special damages, on the other hand, are intended to compensate the victim for any financial losses or expenses that have been incurred as a result of the accident. These may include:
- Medical expenses (e.g. hospital bills, rehabilitation costs, medication costs)
- Loss of earnings (e.g. if the victim was unable to work for a period of time or has had to reduce their working hours)
- Travel expenses (e.g. if the victim had to travel for medical appointments or rehabilitation)
- Care and assistance (e.g. if the victim has required care from family members, friends or paid carers)
Calculating Special Damages
To calculate special damages, you will need to provide evidence of the expenses or losses incurred as a result of the accident. This could include receipts, invoices, medical bills or payslips. An experienced personal injury solicitor can help you to gather this evidence and calculate the appropriate level of special damages for your case.
It is also important to note that special damages can include future losses that are likely to be incurred. For example, if the victim will require ongoing medical treatment or care, the cost of this can be factored into the special damages calculation.
How Moore Barlow can help
At Moore Barlow, we understand that calculating damages in a claim for personal injury in England can be complex, and it is important to seek advice from an experienced personal injury solicitor to ensure that you receive the compensation you are entitled to. By working with an experienced solicitor, you can ensure that both general and special damages are calculated accurately, taking into account all of the losses and expenses incurred as a result of the accident.