Damages in Personal Injury Claims: What Am I Entitled To?

What are personal injury damages?

If your personal injury claim is successful, you’ll be entitled to what’s known as ‘damages’. This is the compensation you’ll receive for the injuries you suffered, as well as the impact the accident has had on your life.

There are two main types of damages for personal injury claims – general damages and special damages.

General damages

General damages are there to compensate you for the pain and suffering caused by your accident. They’ll consider how you’ve been affected so far, as well as how your injury or illness might impact on your quality of life in the future.

For example, you might find yourself having to give up a favourite hobby. Or you may find it more difficult to get out of the house to meet up with friends. Your solicitor will take these factors into account when calculating how much your claim could be worth in general damages.

Your solicitor might also arrange for you to be assessed by an independent medical expert. They will put a report together that details the severity of your injuries, so your solicitor will be better placed to accurately value your claim.

To get an initial idea of what your claim could be worth in general damages, try our free compensation calculator.

Special damages

It’s not just the pain your injury has caused that you could be compensated for. Special damages also reimburse you for the financial impact of your injury. This could include the cost of:

• Adaptations you’ve had to make to your home or vehicle
• Additional care
• Prescriptions or medical treatment
• Repairing or replacing items that were damaged at the time of your accident
• Travelling to and from hospital appointments (for example, taxi fares or parking charges)

If you’ve had to take time off work due to your injuries – or you’re unable to return to your previous role – special damages will compensate you for your lost earnings. This means you can focus on getting better, without the worry of covering day-to-day expenses.

Essentially, special damages are designed to put you in the financial position you would have been in if your accident hadn’t taken place.

Is there a deadline for claiming personal injury damages?

In most cases, you’ll have three years from the date of your accident to make a claim for damages. But there are some exceptions to this rule.

For example, you can claim on behalf of a child at any point until their 18th birthday. From that date, they’ll have three years to start a claim themselves.

If you’re claiming for an adult who lacks the capacity to claim for themselves, you won’t have any deadline to meet. You’ll only face a time limit if the person affected regains the capacity to manage their own claim – they’ll then have three years to take legal action.

How much could I claim in damages for a personal injury?

Every personal injury claim is unique, and the damages you’re awarded will depend on a number of factors.

Our solicitors will carefully assess the nature and severity of your injury, along with any resulting financial losses and emotional distress. They’ll then use their expertise to secure you the maximum compensation possible to help you recover and move forward with your life.

To find out whether you could have a strong claim, get in touch with our knowledgeable team for a free initial consultation. We’ll ask you a few straightforward questions about what happened and let you know if we think you have a case for compensation.

You can call us on the number at the top of the screen, request a call back or fill in our quick and easy online form.

We’re here to support you, whenever you’re ready.

Note: First4Lawyers offers this information as guidance, not advice. Before taking any action, you should seek professional assistance tailored to your personal circumstances.