You cannot claim in the court for every injury. For instance, personal injury, an accident or harm caused to you by another’s negligence or wrongdoing. It can be physical or psychological. Injuries including:
- Car accidents
- Slips and falls
- Medical malpractice
- Workplace accidents
These injuries or damages fall into two categories:
- Special damages.
- General damages.
Special Damages vs General Damages
You may encounter two types of damages, also known as economic vs non-economic damages. These terms can seem complicated. But, breaking them down makes them easier to understand. This blog will clarify these concepts. It will explain their impact on personal injury cases.
Special Damages
Special damages, or economic damages, are measurable monetary losses. They result from an injury. These are specific costs that can be documented and calculated precisely.
Types of damages in personal injury cases
Few are the examples of special damages due to personal injury
“Each personal injury claim is different – no two claims are exactly the same.”
Medical Expenses
Medical expenses cover the cost of the following:
- Hospital stays
- Medical tests/ reports
- Surgeries
- Doctor visits
- Medications
It also covers physical therapy and any other injury-related medical treatment. Future medical expenses can also be included if ongoing treatment is necessary.
Loss of Earnings
If the injury stops the person from working, they can claim compensation. This includes future loss of earning capacity due to the injury.
Property Damage
If your personal property, such as a vehicle or house, is damaged, then the repair or replacement costs are included in the claim amount.
Other Expenses
Other expenses can cover many costs. They include:
- Transportation to medical appointments
- Home care services
- Other injury-related expenses.
As actionable damages require concrete evidence, like bills, receipts etc, they are easier to prove than non-actionable damages.
General Damages
non-actionable, or non-economic damages, are non-monetary. They refer to the subjective aspects of the injury. These damages are more hard to prove because they do not come with concrete evidence. Examples of general damages include:
Pain, Suffering and Loss of Amenity (PSLA)
PSLA (Pain and Suffering, Loss of Amenity) is a non-actionable damage. It’s a type of general damage. These damages compensate someone injured by another’s wrongful actions. The compensation is meant to cover the following:
- Physical pain
- Emotional suffering
- Loss of enjoyment of life experienced .
Severity Of PLSA Injuries
The damages claim amount will vary on the severity and duration of the pain and suffering. Also, the effect on the victim’s daily life, relationships, and any lasting disabilities or disfigurement. Below are some specific factors that may be considered when assessing PSLA damages:
The severity of the injuries
The more severe the injuries, the greater the number of damages that may be awarded.
The duration of the pain and suffering
The longer the victim suffers, the greater the damages awarded.
The impact on the victim’s daily life and relationships
The greater amount will be awarded if the accident has disrupted the victim’s life drastically.
Emotional distress and mental anguish
Consider the victim’s emotional distress and mental anguish when evaluating damages.
Permanent disabilities or disfigurement
The claim amount will be greater in permanent disability or disfigurement, damages.
Loss of Consortium
It refers to the injury’s harm to the person’s marriage. It includes the loss of companionship and sex.
Unlike special damages, general damages rely heavily on subjective criteria. Courts often use various methods to calculate these damages. It includes
- Multiplier Method
- Per Diem Method
In the multiplier method, it multiplies the actual damages by a certain number.
In the per diem method, it assigns a daily value to the suffering and multiplies it by the number of days affected.
Importance in Personal Injury Cases
Road traffic accidents account for about half of all of the personal injury claims that are made in the UK. These include accidents that happen to people in cars and on motorbikes. They also include accidents to pedestrians or cyclists on the road. With 31.7 million cars on Britain’s roads, it’s no surprise that personal injury claims are high.
In personal injury cases, the difference between economical and non-economic injuries. It has a great effect on compensation claim. Legal professionals aim to provide a fair settlement or court award to the injured party.
Final Thoughts
When pursuing a personal injury compensation claim, relevant reports and expert testimonies can significantly impact the calculation of both special and general damages.
At Concise Medico, our personal injury expert panel includes:
- Doctors
- Psychologists
- Occupational therapists
- Psychiatrists
They provide valuable evidence in court to support the claimants’ claim and ensure they receive fair compensation. Contact us for an expert witness report which helps you to claim successfully!
You cannot claim in the court for every injury. For instance, personal injury, an accident or harm caused to you by another’s negligence or wrongdoing. It can be physical or psychological. Injuries including:
- Car accidents
- Slips and falls
- Medical malpractice
- Workplace accidents
These injuries or damages fall into two categories:
- Special damages.
- General damages.
Special Damages vs General Damages
You may encounter two types of damages, also known as economic vs non-economic damages. These terms can seem complicated. But, breaking them down makes them easier to understand. This blog will clarify these concepts. It will explain their impact on personal injury cases.
Special Damages
Special damages, or economic damages, are measurable monetary losses. They result from an injury. These are specific costs that can be documented and calculated precisely.
Types of damages in personal injury cases
Few are the examples of special damages due to personal injury
“Each personal injury claim is different – no two claims are exactly the same.”
Medical Expenses
Medical expenses cover the cost of the following:
- Hospital stays
- Medical tests/ reports
- Surgeries
- Doctor visits
- Medications
It also covers physical therapy and any other injury-related medical treatment. Future medical expenses can also be included if ongoing treatment is necessary.
Loss of Earnings
If the injury stops the person from working, they can claim compensation. This includes future loss of earning capacity due to the injury.
Property Damage
If your personal property, such as a vehicle or house, is damaged, then the repair or replacement costs are included in the claim amount.
Other Expenses
Other expenses can cover many costs. They include:
- Transportation to medical appointments
- Home care services
- Other injury-related expenses.
As actionable damages require concrete evidence, like bills, receipts etc, they are easier to prove than non-actionable damages.
General Damages
non-actionable, or non-economic damages, are non-monetary. They refer to the subjective aspects of the injury. These damages are more hard to prove because they do not come with concrete evidence. Examples of general damages include:
Pain, Suffering and Loss of Amenity (PSLA)
PSLA (Pain and Suffering, Loss of Amenity) is a non-actionable damage. It’s a type of general damage. These damages compensate someone injured by another’s wrongful actions. The compensation is meant to cover the following:
- Physical pain
- Emotional suffering
- Loss of enjoyment of life experienced .
Severity Of PLSA Injuries
The damages claim amount will vary on the severity and duration of the pain and suffering. Also, the effect on the victim’s daily life, relationships, and any lasting disabilities or disfigurement. Below are some specific factors that may be considered when assessing PSLA damages:
The severity of the injuries
The more severe the injuries, the greater the number of damages that may be awarded.
The duration of the pain and suffering
The longer the victim suffers, the greater the damages awarded.
The impact on the victim’s daily life and relationships
The greater amount will be awarded if the accident has disrupted the victim’s life drastically.
Emotional distress and mental anguish
Consider the victim’s emotional distress and mental anguish when evaluating damages.
Permanent disabilities or disfigurement
The claim amount will be greater in permanent disability or disfigurement, damages.
Loss of Consortium
It refers to the injury’s harm to the person’s marriage. It includes the loss of companionship and sex.
Unlike special damages, general damages rely heavily on subjective criteria. Courts often use various methods to calculate these damages. It includes
- Multiplier Method
- Per Diem Method
In the multiplier method, it multiplies the actual damages by a certain number.
In the per diem method, it assigns a daily value to the suffering and multiplies it by the number of days affected.
Importance in Personal Injury Cases
Road traffic accidents account for about half of all of the personal injury claims that are made in the UK. These include accidents that happen to people in cars and on motorbikes. They also include accidents to pedestrians or cyclists on the road. With 31.7 million cars on Britain’s roads, it’s no surprise that personal injury claims are high.
In personal injury cases, the difference between economical and non-economic injuries. It has a great effect on compensation claim. Legal professionals aim to provide a fair settlement or court award to the injured party.
Final Thoughts
When pursuing a personal injury compensation claim, relevant reports and expert testimonies can significantly impact the calculation of both special and general damages.
At Concise Medico, our personal injury expert panel includes:
- Doctors
- Psychologists
- Occupational therapists
- Psychiatrists
They provide valuable evidence in court to support the claimants’ claim and ensure they receive fair compensation. Contact us for an expert witness report which helps you to claim successfully!
