Special Damages in Personal Injury Cases Explained

Personal injury claims in Ireland are legal actions pursued by individuals who have suffered physical or psychological harm due to the negligence or wrongdoing of another party. These claims aim to seek compensation for the damages incurred, including medical expenses, loss of earnings, and pain and suffering. Within the realm of personal injury claims, special damages are one heading of loss.

Special damages, also known as specific damages or economic damages, refer to the quantifiable financial losses directly attributable to the injury sustained by the person. Unlike general damages, which compensate for non-economic losses such as pain and suffering, special damages focus on tangible monetary losses incurred as a result of the injury.

In Ireland, special damages encompass a wide range of expenses and losses that can arise from a personal injury, including:

1. Medical Expenses: This includes the costs of medical treatment, hospitalization, rehabilitation, medication, and any other healthcare-related expenses incurred by the injured party.
2. Property Damage: If personal property, such as a vehicle or belongings, is damaged as a result of the accident or injury, the cost of repairs or replacement may be claimed as special damages.
3. Travel Expenses: The claimant may be reimbursed for reasonable travel expenses incurred as a result of medical treatment, rehabilitation, or attending legal proceedings related to the personal injury claim.
4. Care and Assistance: In a life altering injury, the person may been ongoing home assistance care.
5. Adaptations to Accommodate Disability: In cases where the injury results in a permanent disability, special damages may include the cost of modifying the claimant’s home or vehicle to accommodate their disability.
6. Other Financial Losses: Any other financial losses directly attributable to the injury individual to the person.

Calculation of Special Damages

If the circumstances of ones case involve a loss of earnings matter into the future, then an actuary may be need to calculate the loss.

To calculate the sum of special damages, one needs to add up all the loss items, such as, medical expenses, bike/car damage if relevant, earnings losses or whatever the attributable loss is to a persons circumstances.

Once the special damages have been calculated the Judicial Guidelines then will assist to value your case which can be seen here.

In personal injury cases there are General Damages for the pain and suffering and then Special Damages for the out of pocket expense items matters.

General Damages can include an assessment of damages for loss due to the physical injury, any psychological injury, qualify of life impact, pain, loss of ability to perform hobbies or a negative affect on work etc.

Cleary & Co. Solicitors, Litigation Law Firm

If you have been in a back work injury and wish to have a case assessment, Kieran Cleary and Roger Cleary are experienced Personal Injury Solicitors who can help with questions you may have regarding a personal injury claim.

If you wish to contact us to discuss, we can be contacted on (01) 546 1121 or  (052) 612 1999 or info@clearysolicitors.com

At Cleary & Co. we specialise in civil law personal injury cases and have many years of experience dealing with disputes successfully at this stage.

Disclaimer

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.

Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.