| In most cases the amount of damages you receive will be made up of two elements:
General Damages: these are awarded for the injury sustained and for the pain and suffering and ongoing disability associated with that injury. The amount depends upon such factors as the nature and severity of the injury, the period of recovery and the outlook for the future. General damages are assessed by the court primarily by reference to the medical report on your condition and comparing that report to previously decided cases. Guidance is also given by the Judicial Studies Board who produce guideline figures for general damages for all different types of injuries.
Special Damages: essentially these are your out-of-pocket expenses arising from the accident and includes such things as wage loss, medical expenses and travel expenses. Special damages are usually capable of exact mathematical calculation. The amount of special damages is added to the amount of general damages to make up the total of the damages award.
In more serious cases damages will also be awarded for such things as:
- Ongoing future loss of earnings
- Ongoing medical, care and other expenses
- Disadvantage on the open labour market
- Lost opportunity for promotion
- Pension loss
We will advise you fully on the types of damages that should be claimed in your case. Damages are intended to compensate the injured victim for the actual loss suffered by them because of their accident. Damages are tailored to the individual circumstances of the case. Because of this damages can vary greatly in apparently similar cases.
If you have recently had your accident beware of any firm who says they can tell you exactly what your case is worth. The value of your case can only be properly assessed after expert medical evidence about your injuries has been obtained and analysed by a lawyer who is specialised and experienced in personal injury claims.
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