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, such as 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 it may be necessary to 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.
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 if you are worried that you will not retain them safely.
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!