One heading of damages in a personal injury claim* is called Special Damages.
Special Damages are financial losses which occurred to the injured party in the accident arising from the negligence.
This could be vehicle damage in a road traffic accident, for example. It could be loss of earnings due to inability to work and here is an information post specifically discussing loss of earnings special damages.
If an injured person who commences a personal injury* claim has medical expense loss, then this should be included in the persons claim.
Medical care for different injuries takes time, so the costs loss to the person for medical expenses should be reviewed over time.
If a person fractured a vertebra, for example, and if the matter did not resolve itself, they may be referred by their doctor to a pain management specialist, for example, to obtain treatment and pain relief.
This person may have facet joint pain syndrome or nerve root impingement syndrome and require joint injections, for example.
The injured person may then have procedure fees and consultation fees arising from the treatment care, and these losses can be included in the persons special damages, as they are consequential losses arising from the accident in question.
In a case, there may be a need to calculate medical losses to date, but there may also be a requirement for future medical care costs to be assessed.
This will evidently depend on the seriousness of the injury/it’s duration etc.
It is not the persons fault they are in the situation they are in, and if they have future care needs, then this should be included in a future care costs assessment.
Again, depending on the injury, but if the person requires future daily assistance / therapies / treatments / future programmes / counselling etc. then this should be included in the special damages.
If a person has future care financial needs, then retrospective care costs plus future care costs should be included in the person’s special damages.
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
8(b) “In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement”.