Claiming For special damages after a Personal Injury

Claiming For special damages after a Personal Injury

If you have been injured through the negligence or carelessness of someone else, it is highly likely you will wish to make a claim for compensation against the individual or organisation responsible. Invariably, you will need to consult a solicitor.

When making a compensation claim it is only natural to expect that all your losses and expenses are included as part of the claim. These losses (called special damages) are specific and quantifiable and occur as a direct result of the accident.

So what types of expenses are typically acceptable? Items of expenditure you may be able to claim include:

Travel expenses: these might include the cost of buses and taxis to and from hospital and can include travel expenses incurred by a family member caring for you

The cost of hiring a replacement vehicle

Replacing items of clothing

Replacing damaged belongings such as a broken mobile phone

Medical expenses incurred in relation to any injury claim

Prescription costs

Care costs and domestic help either paid professional help, or provided free by family members or friends

Uninsured losses such as insurance excesses paid on a cancelled holiday

In more serious cases, special equipment for the disabled: this might be vehicle adaptations, lifts and hoists or specially adapted computer equipment

Loss of a benefit, such as the loss of the use of a business mobile phone or company car, if you can no longer work

Loss of earnings

However before incurring any of these expenses it is always advisable to seek advice from the solicitor who is handling your case as they will be in a position to help you determine how best to access some of the help and support you need and will provide guidance on related expenses for your specific case.

When you make a claim you will be asked to keep detailed records of all expenses incurred from the time of the incident up until the time that the claim is settled. This record should include keeping all receipts, invoices and related documentation. If you do this as and when the expenses are incurred, you will be less likely to miss anything. It is also useful to keep hold of any damaged clothing or other items or belongings (with original proof of purchase if possible) in case they are required as evidence.

Remember it is important that you do not spend more than is reasonable and then try to claim it back you have a duty to justify your losses. If, for example, a 300 leather jacket has been damaged beyond repair as a result of the injury, you will not succeed in making a claim for a 1,000 replacement. The aim of special damages is to place you financially in a position as though the accident had never occurred. Special damages are not there to allow you to make a profit.

With any injury claim it is important that you contact a solicitor as soon as possible so that the claims process can start quickly, ensuring that you are given the help and support you need.

If you are unsure as to whether you have legitimate accident claims which you could be compensated for then go online to find the best free legal advice to help you through your situation.

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