Special damages is the term used for financial losses incurred as a result of an accident. The financial losses to be claimed can include any past and future losses, such as travel expenses, medication costs, loss of earnings, care and assistance provided by family or friends and/or the cost of any private therapy. The loss of use of a vehicle, car hire charges and insurance excess can also be included.
Loss of earnings would in most cases be the largest financial loss and, in cases where a claimant has suffered permanent disabling injuries, there can be significant financial losses, including care costs, accommodation costs, medical aids and equipment costs and any other costs associated with the injury and its consequences.
Claimants are required to keep a detailed record of any financial losses they incur from the date of the accident, which includes keeping receipts for any expenses incurred. It is advisable to keep a record of all care and support received (even if from friends and family members) and of the dates any medical treatment/medical appointments to assist in the calculation of these out-of-pocket expenses.
By Sharon Edwards, admin paralegal