One of the most frequent questions our legal team get asked by people who are starting the process of bringing a personal injury claim is “what are special damages and how do they differ to general damages?” If you are currently seeking compensation for an injury that you sustained but have some confusion regarding the differences between general and special damages, the following information will help you to understand how damages are awarded in Ireland and how much compensation you might be eligible for.
What are general damages?
General damages is the compensation that is awarded for pain, suffering, and loss of ability to perform certain functions. Inability to complete certain activities, pursue hobbies, look after family members, or socialise with friends, are all factors that will be considered when awarding general damages. General damages can also be awarded for loss of companionship, which are frequently paid out in fatal accident cases to the family of the deceased.What are special damages?
Special damages is the compensation that is awarded to cover the financial losses and expenses incurred as the result of an injury caused by a third party, such as a negligent employer or healthcare provider. The aim of special damages is to put the injured claimant back in the financial position that would have been in, had the injury not occurred.What are the differences between general and special damages?
The main difference between general and special damages is that the former seeks to award the claimant for the direct effects that the injury has had on their life, whilst the latter seeks to award the claimant for out-of-pocket expenses.What are examples of general damages?
There are many different types of injuries that may be considered when awarding general damages. This includes the following:- Physical pain and suffering
- Physical impairment
- Facial or bodily disfigurement
- Psychological injury
- Loss of care or companionship
- Reduced quality of life
- Future pain and suffering
What are examples of special damages?
In the same way that there are many types of injuries that can result in general damages, there are also many types of out-of-pocket expenses that can result in special damages. This includes the following:- Loss of wages or earnings
- Household costs that can no longer be afforded due to the injury
- Childcare costs that can no longer be afforded due to the injury
- Medical treatment costs (including past and anticipated future costs)
- Travel expenses incurred due to the injury
- Damage to property that also occurred alongside the injury
- Loss of “one-of-a-kind” items
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