Special damages are the out of pocket expenses arising from the accident or negligent medical treatment, supported by receipts and invoices where possible.
To help us to secure the amount in special damages you deserve, it is necessary to provide documentary evidence such as payslips, accounts and receipts where possible. If that evidence is not available, we will still try to justify the claim.
Schedule of Special Damages
We will set out the claim for Special Damages in a document called a Schedule of Special Damages on your behalf. This can be prepared at any time during the process of the claim and is likely to be regularly updated as the claim proceeds.
The Special Damages claim could include:
- losses of earnings
- a claim for any care and assistance required by you.
Losses of Earnings
If you have been unable to work because of the injuries and your employer has not paid you in full, it is possible to seek the recovery of those losses. Any lost overtime, shift allowance, lost holiday or other employment benefits may also be recoverable.
The sum claimed will be the lost net earnings, after giving credit for any contractual and statutory sick pay. The calculation for net losses of earnings is often based upon the sum you were earning for 26 weeks (or six months) before being absent from work. Other calculations can be made in appropriate cases.
Care Claim
It is possible to claim for the professional fees of any carer or the value of any additional care and assistance given to you because of your injuries.
Even in cases where there has been no actual payment, for example where a family member or friend has provided unpaid assistance, it is still possible to pursue a claim for the financial value of such care. This may apply even in cases of relatively minor injuries where some care was provided.
Other heads of claim for Special Damages
- Costs of medical treatment
- Additional transport costs
- Items damaged or lost in any accident or negligent treatment
- Costs of any aids or other equipment required by the injured person
- Additional accommodation costs for the injured person
- Additional costs for domestic help such as cleaners, gardeners, DIY charges, etc.
- In road traffic accident claims, the costs of any repairs to the vehicle and/or the insurance excess, hire charges, vehicle recovery and storage charges.