Special Damages is something that can be recovered as part of a claim for personal injury compensation.

A claim normally comes in to two parts – General and Special Damages. General Damages covers the injury itself – the pain, suffering, and loss of amenity caused by them. Special Damages is for losses and out of pocket expenses caused as a direct result of the accident or your injuries.

Lost Earnings
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When clients approach us about making a whiplash claim, the most common question asked is usually “How much am I likely to get?” However, if you are still suffering with your injury it is very difficult to calculate how much you would be entitled to receive without obtaining accurate medical evidence.

Therefore, here at The Injury Lawyers, we obtain medical evidence on all cases so that we can accurately determine the amount of compensation you are entitled to.

You will attend an examination with a medical expert and they will provide us with a report which details your injuries and the time you are likely to be suffering for. This is called the prognosis and is what your injury claim will be valued on.
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This is something that we will all be familiar with due to this sort of topic being highlighted on TV. Reckless driving incidents are unfortunately becoming a daily occurrence with the most common victims being children and the outcome is often devastating.

I am sure you all remember the horrid accident in Leeds involving 10 year old Sabah Saleem who was crossing a road with her 3 year old brother Rayhan Saleem when they were run over in the middle of the road by a speeding vehicle, which, unbelievably, did not stop at the scene and sped away leaving both children for dead in the middle of the road.

Brave Sabah actually took the brunt of the impact in order to protect her little brother and therefore was in a more serious condition that her brother – however luckily they both recovered well.
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Neck injuries caused by a car accident can be quite severe – but can you make a claim for compensation when you already had a neck injury which the accident has made worse? Well the answer is yes. To be honest, the number of clients we already have which are suffering from some sort of pre-existing injury or condition is significantly high.

The key to a successful compensation claim when a previous neck injury has been aggravated by an accident which wasn’t your fault is medical evidence. Here at The Injury Lawyers, we would arrange for you to be examined by an independent medical expert, the type of expert will depend on the type of injury and also the type of pre-existing injury or condition you are suffering from.
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A common question I have been asked concerns how we can possibly take on cases on a ‘No Win No Fee’ basis – surely there are some fees along the way? So to address this question I decided to do this blog just too clarify how this does work and how ours may be slightly different from the rest.

The Main Points

No Win No fee, or its ‘posh’ name, Conditional Fee Agreement, allows us to pursue your personal injury claim without you having the worry of having to pay expensive legal fees. Having to cope with an injury that was not your fault is stressful and worrying enough, and we understand this and therefore do not agree that paying to seek compensation is right.
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“Reasonable” is one of those words that gets thrown around A LOT in personal injury claims and it can be quite confusing.

This blog focuses primarily on what is considered “reasonable” in regards to any losses you have incurred as a result of an accident, as this is the primary area where reasonable will be applied when it comes to considering things for a claim.

These types of losses are often referred to as “special damages” and can include things such as:
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Legal expenses insurance is a form of insurance that is designed to cover legal expenses – rather obviously! It’s common as an added extra on your motor policy and sometimes with home insurance or bank accounts. As it’s significantly more common with motor policies, I’ll stick to that as its most applicable.

If you have an accident that was not your fault, your motor insurers will likely advise you that you have the benefit of Legal Expenses Insurance (LEI for short) and that this allows you to have a solicitor and make a claim nice and easy. It is true, that it is an insurance policy, and your insurers can sue it with a solicitor; but there’s a hidden motive as to why your insurers want you to use it. In fact, you’ll likely find that they will be rather pushy to make you use it.
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It all depends on a few factors. Firstly, the accident or injuries have to have been caused through negligence. In short, someone, or some company, must have failed to do something that they can reasonably be expected to do, or have negligently done something and caused an accident or an injury.

There are genuine accidents – but if the accident caused was foreseeable, you may have a case.

The best thing you can always do is call us here at The Injury Lawyers, and explain the circumstances as to how you have been injured, and allow our team to assess the merits of your claim there and then.
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Well preferably us! But here is a quick guide about what you should look for when you want to make a claim for personal injury compensation:

No Win, No Fee

If your claim is strong enough, a good lawyer will offer you a No Win, No Fee agreement. In principle this should do exactly what it says on the tin; if the case doesn’t win, you don’t pay your lawyers’ fees. However, make sure you read through any paperwork you receive thoroughly as there are some unscrupulous lawyers out there who may want to sting you with hidden fees. Usually it’s due to being referred through claims companies or insurers. But a good law firm like us can tell you that it really is true what we say – if your case doesn’t win, you don’t pay the fees!
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As you can imagine, injuries that occur from a motorcycle accident can be quite severe. Having merely a helmet and leathers on does not offer much protection for riders in the event of an accident which means that, sadly, these types of accidents are often fatal.

Injuries commonly include significant soft tissue injuries, broken bones, internal damage and head injuries. Obviously recovering from these injuries can take some time and have a significant effect on your life. It is likely that you wish to make a claim for compensation.

With suffering from these types of injuries there can be a lot of rehabilitation treatment to go through in order to aid your recovery. From physiotherapy treatment, chiropractic treatment, scans and possibly counselling or therapy if the accident has affected you psychologically, these treatments are all available on the NHS but it is likely that you would have to wait for the treatment.
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