General Damages vs Special Damages — What's the Difference?

General Damages — The Injury Itself

General damages are awarded for losses that are not easily quantified in financial terms. They fall into two main categories:

Pain and Suffering

This covers the physical and psychological pain experienced as a result of the injury, both at the time and going forward. It takes into account the severity of pain, how long it lasted or is likely to last, and any ongoing chronic pain.

Loss of Amenity

Loss of amenity compensates for the impact of the injury on your ability to enjoy life — the inability to pursue hobbies, play sport, carry out domestic tasks, participate fully in family life, or enjoy relationships in the same way as before.

General damages are assessed by reference to the Judicial College Guidelines (JCG), a publication that provides suggested compensation ranges for hundreds of injury types. Judges use the JCG as a starting point, adjusting for the specific facts of each case. The guidelines are updated periodically to reflect changes in the value of money.

Special Damages — Financial Losses

Special damages compensate for quantifiable financial losses. They must be evidenced — you cannot recover special damages without supporting documentation. They include:

Past Lost Earnings

Net earnings (after tax and National Insurance) lost because you were unable to work. Evidenced by payslips, P60s, and employer confirmation. Self-employed claimants use tax returns and accounts.

Future Lost Earnings

Where the injury has affected your long-term earning capacity, future lost earnings are calculated using a multiplier/multiplicand method — the annual loss (multiplicand) multiplied by a factor from the Ogden Tables that accounts for life expectancy and other actuarial considerations.

Medical and Rehabilitation Costs

Physiotherapy, consultations, surgery, medication, and other treatment costs — both incurred to date and expected in the future.

Care and Assistance

Whether provided by a professional carer or by family and friends (unpaid), care costs are recoverable. Even if family members have provided care voluntarily, you can claim a reasonable commercial rate for their time.

Travel Expenses

Travel to and from medical appointments, physiotherapy, and solicitor's appointments.

Home Adaptations and Specialist Equipment

In serious injury cases — spinal injury, amputation, brain injury — modifications to the home (ramps, wet rooms, specialist bedding) and specialist equipment (wheelchairs, prosthetics, communication aids) form a significant part of the special damages claim.

A Worked Example

Consider a claimant who suffers a serious back injury in a workplace accident, leaving them with permanent disability:

• General damages (severe back injury, permanent disability): circa £69,000–£87,000
• Past lost earnings (2 years off work): £40,000
• Future lost earnings (unable to return to heavy work): £180,000
• Past medical costs: £8,000
• Future treatment: £30,000
• Care costs to date: £12,000
• Future care: £150,000
• Total: circa £489,000–£507,000

This illustrates how, in serious cases, special damages can be many times larger than general damages. Ensuring all heads of loss are properly identified and evidenced is one of the most important roles your solicitor plays.

For a free initial assessment of your claim, contact EA Personal Injury Solicitors at our enquiry page or call 01228 272 395.