What's the Difference Between General & Special Damages?

When you've been injured in a cycling accident, or any other type of accident, the law seeks to compensate you financially, even though it’s impossible to undo the damage.

Compensation is awarded as general damages and special damages.

General damages

General damages compensate for non-financial losses, such as the pain, suffering, and loss of quality of life you’ve experienced due to your injury. This is sometimes referred to as Pain, Suffering, and Loss of Amenity (PSLA).

General damages account for both the physical and emotional trauma caused by your accident, including any lasting or life-altering effects.

For example, if you’ve sustained serious injuries that limit your ability to enjoy cycling or other hobbies, general damages would also reflect this loss. The amount awarded is based on the severity and duration of your injuries and their long-term impact on your life.

To calculate general damages, solicitors, courts and insurers refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, published by the Judicial College. These guidelines provide ranges for compensation based on the type and extent of injuries.

Special damages

Special damages, on the other hand, are awarded to cover your financial losses directly resulting from the accident. These include both past expenses and anticipated future costs related to your injury.

For cyclists, a special damages might cover:

Medical expenses

Any costs related to your healthcare, such as hospital bills, prescriptions, or rehabilitation.

Property damage

Compensation for damage to your bike, clothing, and other cycling equipment.

Loss of earnings

If your injury caused you to miss work, you can claim for lost income during your recovery.

Loss of future earnings

If your injury affects your ability to work in the future or forces you into a lower-paying job, you can claim for this loss.

Travel expenses

Any costs related to traveling for medical appointments, such as public transport or taxi fares.

Care costs

If you need help with daily tasks due to your injury, you can claim for the cost of care.

Home or vehicle adaptations

If your injury requires modifications to your home or car, like installing wheelchair ramps, these costs can be included.

Conclusion

In a personal injury claim, general damages compensate you for the emotional and physical toll of your injury, while special damages cover the financial costs you've incurred.

Both types of damages are essential in ensuring you’re properly compensated for the full impact of your cycling accident.

How we can help

Our legal expertise and passion for cycling give us a unique insight into the challenges injured cyclists face. We work with solicitors who have extensive experience in cycling-related cases, from detailed accident investigations, to correctly assessing bike repair costs and managing complex claims. We understand the full impact of cycling injuries and can offer tailored guidance to meet your specific needs.

If you've been injured, working with a solicitor can help ensure that both general and special damages are accurately calculated, so you receive the compensation you deserve.