Difference Between General And Special Damages
If you are making a compensation claim emanating from an accident due to the fault of another party, the money that the court awards you as compensation is called damages. The damages can be divided into general damages and special damages.
You can claim general damages for the following heads of claim:
- Pain and suffering
- Mental pain and anguish – In addition to inflicting pain and suffering, memories of the accident can cause ongoing trauma, resulting in persistent stress and anxiety. This must be supported by medical evidence.
Calculating general damages can be difficult and it is advisable to seek legal advice.
You can claim special damages for the following heads of claim:
- Medical expenses – This includes doctor’s consultation fees, medicine, hospital charges and all other expenses related to physiotherapy, x-rays, MRI, CT Scan, and hospitalisation.
- Future medical expenses – Some injuries may require you to undergo long term physiotherapy, surgery or other medical treatments.
- Transportation costs – This helps to cover the cost of travelling to and from the hospital for ongoing visits.
- Loss of income – Loss of income compensation is applicable if there is a loss of income.
- Repair or replacement of damaged property – If your car or personal property was damaged, you may be able to claim for it.