What Are Special Damages in Personal Injury & Medical Negligence Claims?

Special damages, uninsured losses or out of pocket expenses are all terms used for any losses or expenses you may have incurred as a result of injuries sustained in an accident or due to medical negligence.

Special damages typically include things such as loss of earnings, medical expenses, travel expenses or damaged items although this isn’t an exhaustive list.

The key to a successful claim for special damages is provide your legal representative with evidence of your loss. For example, if you are employed and lost earnings due to your injuries, your wage slips for the period before your accident and the period you were absent from work would be needed to consider your loss. Alternatively, if you are self-employed, as a minimum your tax returns and accounts would be required. For other losses, you may need invoices and receipts.

When making a claim, you are also expected to take reasonable steps to minimise your losses. This might mean returning to work when you are physically able to rather than waiting until you have made a full recovery from your injuries or using public transport (if you do not have a car) where it is appropriate rather than taking a taxi. 

Finally, special damages are not limited to past expenses and can include future losses. In more serious cases, where your injuries might prevent you from returning to your usual job, and you must work in lesser paid employment, this can be included in your claim for special damages. This may also apply where you need to pay for long term treatment.

If you have been involved in an accident or believe you have suffered from medical negligence, please contact the Personal Injury & Medical Negligence Team at Jordans Solicitors on 01924 387110.