Walker Jack Consultants

Types of Compensation

When making a claim for compensation after an accident, most people tend to focus on the amount of money they hope to receive to compensate for the injury. While this is obviously important, it is not the complete story.

Compensation for personal injury claims can be divided into two types: general damages and special damages.

The term general damages refers to money paid out for physical injury, loss of future earnings plus pain and suffering, (e.g. anxiety etc). A judge decides the level of compensation to be paid out.

Special damages cover the actual losses incurred by the injured party. This would include damage to clothing, and or other belongings, the costs of care (e.g. child care), travel costs to hospital and medical expenses, including any private treatment. It might also include any costs incurred for hiring and repairing a car.

It is possible in a no win no fee accident claim, that the judge deems the claimant partially responsible. In this case damages will be reduced. For example, if the person claiming wasn’t wearing a seat belt during a car accident.

It is also important to realise that if a claimant is in receipt of social security benefits that these may be affected. In short, it is likely that any benefits received after being paid compensation from a personal injury claim, will have to be paid back.

Unfortunately, the rules relating to benefits and compensation are complex. It is therefore worthwhile seeking out specialist help.

No win no fee accident claims are now very common business amongst solicitors so this is often the best route to go down.