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My solicitor has given me an estimate of my general damages but says he cannot advise what special damages I will receive for my compensation claim...
My solicitor has given me a likely figure for my injury which he says is "general damages" but says he cannot quantify what my "special damages" will be at this stage. What are general damages and special damages and why cannot he quantify what the special damages be?
Types of compensation
If you have sustained a personal injury you may be entitled to claim three types of compensation:
- general damages
- special damages
- future damages
General Damages
General damages are paid as compensation for losses that cannot be quantified, for example a payment for pain and suffering. If your case gets to court, the court will decide on the amount to be paid. The amount set is likely to be similar to that awarded in similar previous cases and the courts are likely to refer to guidelines produced by the Judicial Studies Board (see the Guidelines on damages table, below) and so this might be why your solicitor can give you a good idea of what your general damages might be.
But your general damages should also include compensation for what the courts term loss of amenity. This encompasses all the activities of life which a claimant is prevented from doing, or which is more difficult as a result of the injury. For example a keen equestrian might have to give up the sport due to a back injury sustained in a road traffic accident. The loss of amenity component of damages may very widely from case to case and it is difficult to know how your solicitor could be certain of this.
| Injury | Lower end of scale (£) | Higher end of scale (£) |
|---|---|---|
| Quadriplegia (paralysis of all four limbs) | £160,000 | £200.000 |
| Severe brain damage | £140,000 | £200,000 |
| Paraplegia (paralysis of lower limbs) | £110,000 | £140,000 |
| Moderate brain damage | £75,000 | £110,000 |
| Total deafness | £45,000 | £55,000 |
| Severe post-traumatic stress | £30,000 | £50,000 |
| Severe facial scarring - female | £24,000 | £48,000 |
| Severe loss of function in wrist | £24,000 | £30,000 |
| Moderate whiplash to neck | £7,000 | £12,500 |
| Simple fracture of the forearm | £3.250 | £9,500 |
general damages likely to be awarded (src: Judicial Studies Board guidelines)
Special damages
Special damages are paid as compensation for actual financial loss caused by the accident up to the date of the hearing. These can include:
- expenses which would not have been incurred had the accident not taken place;
- the cost of items damaged in an accident;
- loss of earnings (calculated net of tax and National Insurance), including overtime, bonuses and loss of promotion prospects (known as damages for "lost chance");
- cost of care (amount paid to carers but also including a notional sum for care provided free-of-charge by a friend or relative - although this is usually awarded at a lower figure than that which can be claimed for "commercial" care);
- cost of accommodation (for example in adapting a house for a disability);
- cost of special aids and equipment;
- travel costs (including those of relatives visiting the claimant in hospital);
- household costs (such as increased heating used as a result of the claimant being confined to the house);
- medical costs (including those for private treatment).
These obviously vary widely from case to case and will need to be calculated with regard to your losses and expenditure.
Future damages
Your solicitor has not mentioned future damages as these may not apply in your particular case.
Future damages will include the same elements that comprise special damages, but reflect the losses that will arise in the future. Additional categories might also be included, including loss of pension or the cost of professional advice to manage any damages awarded. They are usually the most complex to establish and are often the largest element of a damages award, especially if the injury is serious and has an ongoing effect.
Future damages are usually calculated on a complex formula that involves likely annual future costs resulting from the injury multiplied by a figure based on life expectancy. This "multiplier" figure is usually reached by reference to a complex set of tables which evaluate the worth of interest likely to be received on the value of a lump sum award and is beyond the scope of this reply.
Our solicitors may be able to assist if you need specific individual guidance. Please call us on 0800 066 99 10.
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