Special Damages Personal Injury Case
In personal injury* claims the term “special damages” often arise. What it really means is the out of pocket expenses your accident causes. In your personal injury claim, you will claim damages for the pain and suffering caused by the accident and resulting injury. You will also claim special damages, or out of pocket expenses.
What are special damages?
- Medical expenses: All costs for doctor’s attendance, hospital charges, x-ray and MRI scans, physiotherapy sessions and medication can be claimed back.
- Travel expenses: All travel expenses incurred as a result of the personal injury can be claimed. For example, taxi fares to and from hospital or car parking.
- Loss of Earnings: All lost wages due to absence as a result of the personal injury* can be claimed. In the event that has received social welfare payments, these will be deducted from the amount you are claiming and effectively you will claim the weekly shortfall of earnings you suffered.
How can I ensure that I recover all of my special damages?
In order to successfully claim special damages, you must be able to prove that you suffered the loss as a result of your accident. The way these expenses are usually proven is by the production of receipts to show payment. If lost wages are being claimed you can have a representative from your employer attend Court to prove the loss. However, if you can clearly prove by the production of papers and receipts that you have suffered a loss of earnings it may be possible to agree on the figure with the other side in your personal injury case. Personal injury * claims are calculated by the seriousness of the incident.
It is vital that all receipts for out of pocket expenses as a result of an accident are kept. You can send the receipts to your solicitor as you incur the expenses. This will keep them from getting lost or misplaced.
You’ll receive plenty of letters throughout your case. We suggest you keep all bills and receipts with your letters and review them regularly with your solicitor. This will ensure nothing goes unnoticed!
TELL US ABOUT YOUR CASE
If you have suffered a personal injury * and think you may be eligible for special damages our team of local personal injury solicitors * in Dublin are available to answer any queries you may have. For a confidential discussion, please call Tracey Solicitors on 01 649 9900 or email firstname.lastname@example.org to tell us about your case.
With 30 years’ experience as specialist personal injury solicitors *, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.