Damages are compensation to be paid to a claimant for a personal injury, which they have suffered, resulting in some form of loss. The aim of damages is to try and put the person back into the position they were in before the accident occurred.
There are two types of damages which can be awarded – general damages and special damages. General damages are commonly defined as damages which are awarded for pain, suffering and loss of amenity. Special damages are damages related to expenses and losses on your part.
Special damages are not simply awarded, they need to be evidenced and claimed for and the court may assess the figure to be awarded. All aspects of the injuries impact on the claimant’s daily life are to be considered.
Special damages can be awarded for:
- Lost earnings.
- Economic losses such as travel expenses to and from hospital, insurance excesses, etc.
- Property damage
- Medical expense such as prescription costs, special medical equipment, adaptations needed to your home
Special damages can be divided into two separate categories – incidental damages and consequential damages. Incidental damages are damages which are needed to remedy a problem and put right the initial cause of the claim. For example, if you have suffered a road traffic accident, incidental damages would be awarded in order to cover any medical treatment and repairs to the vehicle.
Consequential damages are damages which have occurred as a result of the accident. Back to the road traffic accident example, consequential damages would be considered to be costs of alternative travel whilst your car is off the road or loss of wages whilst at home recovering from the injury.
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