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Personal injury refers to physical or psychological harm caused to an individual because of another person or organization’s negligence or wrongdoing. This can include injuries sustained in car accidents, slips and falls, medical malpractice, and workplace accidents. These injuries or damages are divided into two distinct categories, special damages and general damages. Let’s quickly have a look at them:
What Are General and Special Damages?
In the UK, when a person claims personal injury compensation, the damages (monetary compensation) they are entitled to are divided into two categories: General Damages and Special Damages.
General Damages
General damages are intended to compensate the injured person for the harm suffered due to the injury, such as pain and suffering, loss of amenity (loss of enjoyment of life), and loss of reputation. General damages are difficult to quantify and are usually determined by reference to previous awards or court guidelines.
Special Damages
These damages, on the other hand, are intended to compensate the injured person for any financial losses they have incurred or are likely to incur because of the injury, such as loss of earnings, medical expenses, and the cost of care. These damages are relatively straightforward to calculate and are usually proven by producing receipts, invoices, or other documentary evidence.
General/ Psychological Damages Compensation
A personal injury expert can help with the assessment and calculation of general damages or psychological damages in several ways. For example, they can:
1. Provide A Medicolegal Report and Testimony
Personal injury experts, such as doctors or psychologists, can provide an expert medical report that sets out the nature and extent of the injuries suffered by the claimant, including any ongoing symptoms or impairments. This report can be used to support a claim for general damages.
2. Assess The Extent of Psychological Harm
Personal injury experts such as clinical psychologists or psychiatrists can assess the extent of psychological harm caused by the injury, including the diagnosis of any mental health conditions, such as post-traumatic stress disorder (PTSD), depression or anxiety.
3. Provide A Prognosis for The Claimant’s Condition
Personal injury experts can also provide a prognosis for the claimant’s condition, which can be used to estimate the likely future impact of the injury on their life and the duration of any treatment required.
4. Offer An Opinion on The Claimant’s Ability to Work
Personal injury experts such as an occupational therapist can provide an opinion on the claimant’s ability to work and their capacity to return to their pre-injury employment or to undertake to retrain; this can be used to support a claim for loss of earnings.
5. Provide Evidence for Psychological Damages to The Court
Personal injury experts can also provide evidence in court to support the claimants’ claim; by giving evidence in person. In addition, they can help the court to understand the nature and extent of the injuries suffered by the claimants. Finally, they are also responsible for assessing the likely impact of those injuries on their life and ability to work.
In a Nutshell
Overall, a personal injury expert can provide valuable evidence and support to help claimants prove their claim for general and psychological damages and to ensure that they receive fair compensation for their harm. They provide evidence by assessing and calculating the extent of the injury and the harm suffered.
Our personal injury expert panel includes doctors, psychologists, occupational therapists, and psychiatrists, who play a crucial role in a court proceeding. They can also provide valuable evidence in court to support the claimants’ claim and ensure they receive fair compensation. So, if you’re suffering trauma due to a personal injury that was not your fault, contact us right now! We are always there to have your back!
