What can be claimed?

Broadly speaking there are two types of compensation:Special Damages and General Damages.

Special Damages

This refers to expenses and losses related to the accident which were generated between the accident and the date of the trial (or settlement). These are normally proven by documentary evidence such as estimates, invoices, receipts and statements.

Types of special damages:

  • Loss of earnings
  • Policy excess or repair costs to a vehicle
  • Medical expenses e.g. physiotherapy and prescription charges
  • Travel expenses
  • Hire of an alternative vehicle

For further explanation, see the Special Damages page for more information.

General Damages

This is made of up two elements:

  1. Damages for pain, suffering and loss of income – both past and future.
  2. Future financial losses. For example, future loss of earnings, handicap on the labour market, future medical expenses and future care costs.

For further explanation, see the General Damages page for more information.

Duty to mitigate losses

An injured person, has a legal duty to take reasonable steps to minimise the damage he or she has suffered. For example, a client is expected to undergo all reasonable recommended treatment that is expected to benefit the injury. They are also expected to return to work as soon as he or she is capable. Failure to take these steps may mean that a proportion of the damages may be deemed ‘irrecoverable’.

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