General Damages vs Special Damages: What’s the Difference?

If you've been involved in a car accident and are considering making a claim, you'll likely come across the terms "general damages" and "special damages." While both relate to compensation, they cover different aspects of your losses. Understanding the distinction between these two types of damages is crucial for navigating the claims process effectively and ensuring you receive the full compensation you deserve.

What Are Damages in Car Accident Claims?

In legal terms, "damages" refer to the financial compensation awarded to an injured party to compensate for losses suffered due to the negligence of another party. In car accident claims, damages are intended to restore the injured party, as much as possible, to the position they were in before the accident.

Understanding General Damages

General damages are awarded for non-monetary losses that are not easily quantifiable in financial terms. These are losses that don't have a specific invoice or receipt but still have a significant impact on your life.

What General Damages Cover

General damages typically cover:

• Pain and suffering: This compensates for the physical pain and emotional distress caused by your injuries.
• Loss of amenity: This addresses the impact of your injuries on your quality of life, such as the inability to participate in hobbies, social activities, or perform daily tasks.
• Reduced life expectancy: In cases of severe injuries, compensation may be awarded for any reduction in life expectancy.
• Loss of consortium: This compensates for the impact of your injuries on your relationship with your spouse or partner.

How General Damages Are Calculated

Calculating general damages involves considering various factors, including:

• The severity and nature of your injuries
• The impact of your injuries on your daily life
• Your age and overall health
• The long-term prognosis and potential for recovery
• Medical evidence and expert opinions

Understanding Special Damages

Special damages, in contrast to general damages, are awarded for specific financial losses that can be easily quantified with evidence. These are losses that have a clear monetary value and can be supported by documentation.

What Special Damages Cover

Special damages typically include:

• Medical expenses: Costs of medical treatment, rehabilitation, medication, and any ongoing care needs.
• Loss of earnings: Compensation for income lost due to your inability to work as a result of the accident.
• Travel expenses: Costs incurred for travel to medical appointments, hospital visits, and rehabilitation sessions.
• Vehicle repair or replacement costs: Expenses related to repairing or replacing your damaged vehicle.
• Damage to personal property: Costs of repairing or replacing any personal belongings damaged in the accident.
• Care and assistance costs: Expenses for professional care or assistance with daily tasks if required due to your injuries.

How Special Damages Are Calculated

Calculating special damages is generally more straightforward than general damages. It involves adding up all the specific financial losses incurred and providing evidence to support each item, such as receipts, invoices, and wage slips.

Key Differences Between General and Special Damages

While both general and special damages contribute to your overall compensation, they have distinct characteristics and purposes.

Comparison of Purpose

General damages aim to compensate for intangible losses, while special damages compensate for tangible, quantifiable financial losses.

Difference in Calculation Methods

Calculating general damages involves more subjective assessment and consideration of various factors, while special damages are calculated based on concrete evidence of financial losses.

Impact on Total Compensation

Both general and special damages contribute to your overall compensation amount. The proportion of each will vary depending on the specific circumstances of your case and the nature of your losses.

Why Understanding These Differences Matters

Having a clear understanding of general and special damages is beneficial for several reasons.

Importance for Claimants

It allows you to identify all potential areas of loss and ensure you claim for everything you're entitled to. This knowledge empowers you to negotiate effectively and secure a fair settlement.

How It Affects Legal Representation

Understanding these differences helps you communicate effectively with your solicitor and ensure they have all the necessary information to build a strong case on your behalf.

Preparing for Negotiations

Knowing the distinction between general and special damages allows you to prepare for negotiations with the insurance company and understand the basis for their settlement offers.

Final Thoughts 

If you're seeking compensation for PTSD caused by a car accident, it's essential to understand the different types of damages and how they contribute to your overall compensation. By familiarising yourself with these concepts, you can approach the claims process with confidence and ensure you receive the full financial support you need to recover and move forward.

If you've been involved in a car accident and need assistance with your claim, don't hesitate to contact us. Our team of experienced professionals can provide expert advice, guide you through the process, and help you secure the compensation you deserve. We also offer comprehensive accident management services to assist you with vehicle recovery, repairs, and other practical aspects following an accident, so reach out today!